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FR-2024-08-16/2024-16461

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66858-66864] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16461] [[Page 66857]] Vol. 89 Friday, No. 159 August 16, 2024 Part XIII Department of the Treasury ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66858]] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY 31 CFR Subtitles A and B Semiannual Agenda AGENCY: Department of the Treasury. ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: This notice is given pursuant to the requirements of the Regulatory Flexibility Act and Executive Order 12866 (``Regulatory Planning and Review''), as amended, which require the publication by the Department of a semiannual agenda of regulations. FOR FURTHER INFORMATION CONTACT: The Agency contact identified in the item relating to that regulation. SUPPLEMENTARY INFORMATION: The semiannual regulatory agenda includes regulations that the Department has issued or expects to issue and rules currently in effect that are under departmental or bureau review. The complete Unified Agenda will be available online at www.reginfo.gov and www.regulations.gov, in a format that offers users an enhanced ability to obtain information from the Agenda database. Because publication in the Federal Register is mandated for the regulatory flexibility agenda required by the Regulatory Flexibility Act (5 U.S.C. 602), Treasury's printed agenda entries include only: (1) Rules that are in the regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and (2) Rules that have been identified for periodic review under section 610 of the Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. Additional information on these entries is available in the Unified Agenda available on the internet. The semiannual agenda of the Department of the Treasury conforms to the Unified Agenda format developed by the Regulatory Information Service Center (RISC). Michael Briskin, Deputy Assistant General Counsel for General Law and Regulation. Financial Crimes Enforcement Network--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 177....................... Section 6101. 1506-AB52 Establishment of National Exam and Supervision Priorities. 178....................... Revisions to Customer Due 1506-AB60 Diligence Requirements for Financial Institutions. 179....................... Investment Adviser 1506-AB66 Customer Identification Program Requirements for Registered Investment Advisers and Exempt Reporting Advisers. ------------------------------------------------------------------------ Financial Crimes Enforcement Network--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 180....................... Residential Real Estate 1506-AB54 Transaction Reports and Records. 181....................... Anti-Money Laundering 1506-AB58 Program and Suspicious Activity Report Filing Requirements for Investment Advisers. ------------------------------------------------------------------------ Financial Crimes Enforcement Network--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 182....................... Amendments to the 1506-AB36 Definition of Broker or Dealer in Securities (Crowd Funding). 183....................... Clarification of the 1506-AB41 Requirement to Collect, Retain, and Transmit Information on Transactions Involving Convertible Virtual Currencies and Digital Assets With Legal Tender Status. 184....................... Section 6110. Bank Secrecy 1506-AB50 Act Application to Dealers in Antiquities and Assessment of Bank Secrecy Act Application to Dealers in Arts. 185....................... Section 6212. Pilot 1506-AB51 Program on Sharing of Information Related to Suspicious Activity Reports Within a Financial Group. 186....................... Commercial Real Estate 1506-AB61 Transaction Reports and Records. ------------------------------------------------------------------------ Financial Crimes Enforcement Network--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 187....................... Requirements for Certain 1506-AB47 Transactions Involving Convertible Virtual Currency or Digital Assets. 188....................... Beneficial Ownership 1506-AB59 Information Access and Safeguards. ------------------------------------------------------------------------ Customs Revenue Function--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 189....................... Entry of Low-Value 1515-AE84 Shipments. ------------------------------------------------------------------------ [[Page 66859]] Customs Revenue Function--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 190....................... Enforcement of Copyrights 1515-AE26 and the Digital Millennium Copyright Act. ------------------------------------------------------------------------ Internal Revenue Service--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 191....................... Base erosion and anti- 1545-BR20 abuse tax (Section 610 Review). ------------------------------------------------------------------------ Internal Revenue Service--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 192....................... Mental Health Parity and 1545-BQ29 Addiction Equity Act and the Consolidated Appropriations Act, 2021. ------------------------------------------------------------------------ Internal Revenue Service--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 193....................... Section 30D Clean Vehicle 1545-BQ52 Credit Regulations. 194....................... Elective Payment of 1545-BQ63 Applicable Credits Under Section 6417. 195....................... Transfer of Certain 1545-BQ64 Credits Under Section 6418. 196....................... Transfer Provisions of 1545-BQ86 Sections 30D and 25E. 197....................... Section 30D Foreign Entity 1545-BQ99 of Concern. ------------------------------------------------------------------------ DEPARTMENT OF THE TREASURY (TREAS) Financial Crimes Enforcement Network (FINCEN) Proposed Rule Stage 177. Section 6101. Establishment of National Exam and Supervision Priorities [1506-AB52] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: FinCEN intends to issue a notice of proposed rulemaking as part of the establishment of national exam and supervision priorities. The proposed rule implements section 6101(b) of the Anti- Money Laundering Act of 2020 that requires the Secretary of the Treasury to issue and promulgate rules for financial institutions to carry out the government-wide anti-money laundering and countering the financing of terrorism priorities (AML/CFT Priorities). The proposed rule: (i) incorporates a risk assessment requirement for financial institutions; (ii) requires financial institutions to incorporate AML/ CFT Priorities into risk-based programs; and (iii) provides for certain technical changes. Once finalized, this proposed rule will affect all financial institutions subject to regulations under the Bank Secrecy Act that have AML/CFT program obligations. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/00/24 ....................... NPRM Comment Period End............. 09/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183, Phone: 800 767-2825, Email: [email protected]. RIN: 1506-AB52 178. Revisions to Customer Due Diligence Requirements for Financial Institutions [1506-AB60] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: FinCEN intends to issue a notice of proposed rulemaking entitled ``Revisions to Customer Due Diligence Requirements for Financial Institutions,'' relating to Section 6403(d) of the Corporate Transparency Act (CTA). Section 6403(d) of the CTA requires FinCEN to revise its customer due diligence requirements for financial institutions to account for the changes created by the beneficial ownership information reporting and access requirements set out in the CTA. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/00/24 ....................... NPRM Comment Period End............. 12/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183, Phone: 800 767-2825, Email: [email protected]. RIN: 1506-AB60 179. Investment Adviser Customer Identification Program Requirements for Registered Investment Advisers and Exempt Reporting Advisers [1506-AB66] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: To apply customer identification program requirements to registered investment advisers and exempt reporting advisers. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/21/24 89 FR 44571 [[Page 66860]] NPRM Comment Period End............. 07/22/24 ....................... Reviewing Comments.................. 08/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183, Phone: 800 767-2825, Email: [email protected]. RIN: 1506-AB66 DEPARTMENT OF THE TREASURY (TREAS) Financial Crimes Enforcement Network (FINCEN) Final Rule Stage 180. Residential Real Estate Transaction Reports and Records [1506- AB54] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: FinCEN intends to issue a final rule, proposed February 16, 2024, to address money laundering vulnerabilities in the residential real estate sector. The proposed rule would require certain persons involved in real estate closings and settlements to report non- financed transfers of residential real property made to specified legal entities or trusts. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ ANPRM............................... 12/08/21 86 FR 69589 ANPRM Comment Period End............ 02/07/22 ....................... NPRM................................ 02/16/24 89 FR 12424 NPRM Comment Period End............. 04/16/24 ....................... Final Action........................ 08/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183, Phone: 800 767-2825, Email: [email protected]. RIN: 1506-AB54 181. Anti-Money Laundering Program and Suspicious Activity Report Filing Requirements for Investment Advisers [1506-AB58] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: FinCEN intends to issue a final rule, proposed February 15, 2024, that would prescribe minimum standards for anti-money laundering programs to be established by certain investment advisers and to require such investment advisers to report suspicious activity to FinCEN pursuant to the Bank Secrecy Act. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/15/24 89 FR 12108 NPRM Comment Period End............. 04/15/24 ....................... Final Action........................ 08/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183, Phone: 800 767-2825, Email: [email protected]. RIN: 1506-AB58 DEPARTMENT OF THE TREASURY (TREAS) Financial Crimes Enforcement Network (FINCEN) Long-Term Actions 182. Amendments to the Definition of Broker or Dealer in Securities (Crowd Funding) [1506-AB36] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: FinCEN is finalizing amendments to the regulatory definitions of ``broker or dealer in securities'' under the regulations implementing the Bank Secrecy Act. The changes are intended to expand the current scope of the definitions to include funding portals involved in the offering or selling of securities through crowdfunding pursuant to section 4(a)(6) of the Securities Act of 1933. In addition, these amendments would require funding portals to implement policies and procedures reasonably designed to achieve compliance with all of the Bank Secrecy Act requirements that are currently applicable to brokers or dealers in securities. The rule to require these organizations to comply with the Bank Secrecy Act regulations is intended to help prevent money laundering, terrorist financing, and other financial crimes. Note: This is not a new requirement; it replaces RINs 1506-AB24 and 1506-AB29. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/04/16 81 FR 19086 NPRM Comment Period End............. 06/03/16 ....................... ----------------------------------- Final Action........................ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767- 2825, Email: [email protected]. RIN: 1506-AB36 183. Clarification of the Requirement To Collect, Retain, and Transmit Information on Transactions Involving Convertible Virtual Currencies and Digital Assets With Legal Tender Status [1506-AB41] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: The Board of Governors of the Federal Reserve System and FinCEN (collectively, the ``Agencies'') intend to issue a revised proposal to clarify the meaning of ``money'' as used in the rules implementing the Bank Secrecy Act requiring financial institutions to collect, retain, and transmit information on certain funds transfers and transmittals of funds. The Agencies intend that the revised proposal will ensure that the rules apply to domestic and cross-border transactions involving convertible virtual currency, which is a medium of exchange (such as cryptocurrency) that either has an equivalent value as currency, or acts as a substitute for currency, but lacks legal tender status. The Agencies further intend that the revised proposal will clarify that these rules apply to domestic and cross- border transactions involving digital assets that have legal tender status. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/27/20 85 FR 68005 NPRM Comment Period End............. 11/27/20 ....................... Second NPRM......................... 07/00/25 ....................... Second NPRM Comment Period End...... 09/00/25 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767- 2825, Email: [email protected]. RIN: 1506-AB41 [[Page 66861]] 184. Section 6110. Bank Secrecy Act Application to Dealers in Antiquities and Assessment of Bank Secrecy Act Application to Dealers in Arts [1506-AB50] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: FinCEN intends to issue a Notice of Proposed Rulemaking to implement Section 6110 of the Anti-Money Laundering Act of 2020 (the AML Act). This section amends the Bank Secrecy Act (31 U.S.C. 5312(a)(2)) to include as a financial institution a person engaged in the trade of antiquities, including an advisor, consultant, or any other person who engages as a business in the solicitation or the sale of antiquities, subject to regulations prescribed by the Secretary of the Treasury. The section further requires the Secretary of the Treasury to issue proposed rules to implement the amendment within 360 days of enactment of the AML Act. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ ANPRM............................... 09/24/21 86 FR 53021 ANPRM Comment Period End............ 10/25/21 ....................... ----------------------------------- NPRM................................ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767- 2825, Email: [email protected]. RIN: 1506-AB50 185. Section 6212. Pilot Program on Sharing of Information Related to Suspicious Activity Reports Within a Financial Group [1506-AB51] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: FinCEN intends to issue a Final Rule in order to implement Section 6212 of the Anti-Money Laundering Act of 2020 (the AML Act). This section amends the Bank Secrecy Act (31 U.S.C. 5318(g)) to establish a pilot program that permits financial institutions to share suspicious activity report (SAR) information with their foreign branches, subsidiaries, and affiliates for the purpose of combating illicit finance risks. The section further requires the Secretary of the Treasury to issue rules to implement the amendment within one year of enactment of the AML Act. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/25/22 87 FR 3719 NPRM Comment Period End............. 03/28/22 ....................... ----------------------------------- Final Rule.......................... To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767- 2825, Email: [email protected]. RIN: 1506-AB51 186. Commercial Real Estate Transaction Reports and Records [1506-AB61] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: FinCEN intends to issue a notice of proposed rulemaking to address money laundering vulnerabilities in the U.S. commercial real estate sector. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/00/25 ....................... NPRM Comment Period End............. 02/00/26 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767- 2825, Email: [email protected]. RIN: 1506-AB61 DEPARTMENT OF THE TREASURY (TREAS) Financial Crimes Enforcement Network (FINCEN) Completed Actions 187. Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets [1506-AB47] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: FinCEN is amending the regulations implementing the Bank Secrecy Act (BSA) to require banks and money service businesses (MSBs) to submit reports, keep records, and verify the identity of customers in relation to transactions involving convertible virtual currency (CVC) or digital assets with legal tender status (``legal tender digital assets'' or ``LTDA'') held in unhosted wallets, or held in wallets hosted in a jurisdiction identified by FinCEN. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ Withdrawn........................... 04/12/24 ....................... Withdrawn........................... 04/12/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767- 2825, Email: [email protected]. RIN: 1506-AB47 188. Beneficial Ownership Information Access and Safeguards [1506-AB59] Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336 Abstract: FinCEN issued a final rule entitled ``Beneficial Ownership Information Access and Safeguards'' on December 22, 2023. The final rule establishes protocols to protect the security and confidentiality of the beneficial ownership information (BOI) reported to FinCEN pursuant to the Bank Secrecy Act, as amended by Section 6403(a) of the Corporate Transparency Act, and establishes the framework for authorized recipients' access to the BOI reported. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ Final Action........................ 12/22/23 88 FR 88732 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767- 2825, Email: [email protected]. RIN: 1506-AB59 DEPARTMENT OF THE TREASURY (TREAS) Customs Revenue Function (CUSTOMS) Proposed Rule Stage 189. Entry of Low-Value Shipments [1515-AE84] Legal Authority: 19 U.S.C. 1321 Abstract: This document proposes amendments to the U.S. Customs and Border Protection (CBP) regulations pertaining to the entry of certain low-value shipments not exceeding $800 that are eligible for an administrative exemption from duty and tax. Specifically, CBP proposes to create a new process for entering low-value shipments, allowing CBP to target high-risk shipments more effectively, including those containing synthetic opioids such as fentanyl. This document also proposes to revise the current [[Page 66862]] process for entering low-value shipments to require additional data elements that would assist CBP in verifying eligibility for duty- and tax-free entry of low-value shipments and bona-fide gifts. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Christopher Mabelitini, Director, Intellectual Property Rights & E-Commerce Division, Department of the Treasury, Customs Revenue Function, 1300 Pennsylvania Avenue NW, Washington, DC 20229, Phone: 202 325-6915. RIN: 1515-AE84 DEPARTMENT OF THE TREASURY (TREAS) Customs Revenue Function (CUSTOMS) Final Rule Stage 190. Enforcement of Copyrights and the Digital Millennium Copyright Act [1515-AE26] Legal Authority: Title III of the Trade Facilitation and Trade Enforcement Act of 2015 (Pub. L. 114-125); 19 U.S.C. 1595a(c)(2)(G); 19 U.S.C. 1624 Abstract: This rule amends the U.S. Customs and Border Protection (CBP) regulations pertaining to importations of merchandise that violate or are suspected of violating the copyright laws in accordance with title III of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) and certain provisions of the Digital Millennium Copyright Act (DMCA). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/16/19 84 FR 55251 NPRM Comment Period End............. 12/16/19 ....................... Final Rule.......................... 07/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Alaina Van Horn, Chief, Intellectual Property Enforcement Branch, Department of the Treasury, Customs Revenue Function, 1331 Pennsylvania Avenue NW, Washington, DC 20229, Phone: 202 325-0083, Email: [email protected]. RIN: 1515-AE26 DEPARTMENT OF THE TREASURY (TREAS) Internal Revenue Service (IRS) Proposed Rule Stage 191. Base Erosion and Anti-Abuse Tax (Section 610 Review) [1545-BR20] Legal Authority: 26 U.S.C. 59A Abstract: These regulations provide guidance under section 59A regarding the base erosion and anti-abuse tax, including guidance regarding reporting of qualified derivatives payments. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: No Agency Contact: Sheila Ramaswamy, Attorney-Advisor, Department of the Treasury, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20224, Phone: 202 317-6938, Fax: 202 317-4922, Email: [email protected]. RIN: 1545-BR20 DEPARTMENT OF THE TREASURY (TREAS) Internal Revenue Service (IRS) Final Rule Stage 192. Mental Health Parity and Addiction Equity Act and the Consolidated Appropriations Act, 2021 [1545-BQ29] Legal Authority: 26 U.S.C. 7805; Pub. L. 116-260, Division BB, Title II; Pub. L. 110-343, secs. 511-512 Abstract: This rule would finalize proposed amendments to the final rules implementing the Mental Health Parity and Addiction Equity Act (MHPAEA). The amendments clarify plans' and issuers' obligations under the law, promote compliance with MHPAEA, and update requirements to take into account experience with MHPAEA in the years since the rules were finalized. The rule would also finalize new regulations implementing amendments to MHPAEA recently enacted as part of the Consolidated Appropriations Act, 2021 (CAA, 2021). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/03/23 88 FR 51552 NPRM Comment Period Extended........ 09/28/23 88 FR 66728 NPRM Comment Period Extended End.... 10/17/23 ....................... Final Action........................ 07/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes Agency Contact: Shira McKinlay, Senior Counsel (Tax), Department of the Treasury, Internal Revenue Service, 1111 Constitution Avenue NW, Room 5702, Washington, DC 20224, Phone: 202 317-5256, Email: [email protected]. RIN: 1545-BQ29 DEPARTMENT OF THE TREASURY (TREAS) Internal Revenue Service (IRS) Completed Actions 193. Section 30D Clean Vehicle Credit Regulations [1545-BQ52] Legal Authority: 26 U.S.C. 7805; 26 U.S.C. 30D Abstract: Section 13401 of the IRA amends 30D(b) of the Code to, among other things, provide a maximum credit of $7,500 per vehicle, consisting of $3,750 in the case of a vehicle that meets certain critical minerals requirements and $3,750 in the case of a vehicle that meets certain battery components requirements. In general, vehicles may satisfy the critical minerals and battery components requirements if a required percentage of the value of the critical minerals or battery components in the vehicle's battery are sourced from a location specified by statute. The critical minerals and battery components requirements are applicable to vehicles placed in service after the date on which the Secretary of the Treasury or her delegate issues proposed guidance relating to these new requirements. The proposed regulations provide clarity to taxpayers and vehicle manufacturers on the critical minerals and battery components requirements. These clarifications include definitions of terms such as ``extracted,'' ``processed,'' ``recycled,'' and ``free trade agreement.'' The proposed regulations also clarify the rules for determining whether a critical mineral was extracted, processed, or recycled or a battery component was manufactured or assembled in a location that satisfies these requirements. The proposed regulations also provide guidance on how vehicle manufacturers may determine compliance with these requirements for their vehicles. The [[Page 66863]] proposed regulations also clarify the definition of certain terms relevant to new requirements for the new clean vehicle credit. These clarifications include definitions of terms such as ``final assembly,'' ``North America,'' ``manufacturer's suggested retail price,'' and ``placed in service.'' These proposed regulations also clarify the vehicles that are considered vans, sport utility vehicles, pickup trucks, or other vehicles for purposes of applying new manufacturer's suggested retail price limitations added by the IRA. The expected definitions were published in IRS Notice 2023-1, as modified by IRS Notice 2023-16. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ Public Hearing...................... 01/31/24 89 FR 1858 Final Action........................ 05/06/24 89 FR 37706 Final Action Effective.............. 07/05/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Maggie M. Stehn, Phone: 202 317-4547, Fax: 202 317- 7868, Email: [email protected]. Rika Valdman, Phone: 202 317-5227, Fax: 202 317-7868, Email: [email protected]. RIN: 1545-BQ52 194. Elective Payment of Applicable Credits Under Section 6417 [1545- BQ63] Legal Authority: 26 U.S.C. 7805; 26 U.S.C. 6417(h) Abstract: Final regulations regarding the elective payment of applicable credits under section 6417 established by section 13801(a) of the Inflation Reduction Act of 2022. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ Final Action (TD 9988).............. 03/11/24 89 FR 17546 Correction.......................... 04/16/24 89 FR 26786 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes Agency Contact: Jeremy A. Milton, Phone: 202 317-5665, Fax: 855 591-7865, Email: [email protected]. RIN: 1545-BQ63 195. Transfer of Certain Credits Under Section 6418 [1545-BQ64] Legal Authority: 26 U.S.C. 7805; 26 U.S.C. 6418(h) Abstract: Final regulations regarding the transfer of certain credits under section 6418 established by section 13801(b) of the Inflation Reduction Act of 2022. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ Final Action........................ 04/30/24 89 FR 34770 Final Action Effective.............. 07/01/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jeremy A. Milton, Phone: 202 317-5665, Fax: 855 591-7865, Email: [email protected]. RIN: 1545-BQ64 196. Transfer Provisions of Sections 30D and 25E [1545-BQ86] Legal Authority: 26 U.S.C. 25E; 26 U.S.C. 30D; 26 U.S.C. 6213; 26 U.S.C. 7805 Abstract: Section 30D calls for the establishment of regulations for several purposes. One of those provisions is in Section 30D(g)(1) which provides that subject to regulations or other guidance as the Secretary determines necessary, if the taxpayer who acquires a new clean vehicle elects the application of section 30D(g) with respect to such vehicle, the credit which would otherwise be allowed to such taxpayer with respect to such vehicle shall be allowed to the eligible entity in such election, and not to such taxpayer. Section 25E(f) provides that Rules similar to the rules of section 30D(g) shall apply. On October 5, 2022, Notice 2022-46 was published in I.R.B. 2022-43, requesting comments regarding sections 30D and 25E. On December 8, 2022, Revenue Procedure 2022-42 was published in I.R.B. 2022-52, providing procedures, inter alia, for seller's reports relating to the sale of clean vehicles. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/10/23 88 FR 70310 Public Hearing...................... 01/31/24 Final Action........................ 05/06/24 89 FR 37706 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Rika Valdman, Phone: 202 317-5227, Fax: 202 317- 7868, Email: [email protected]. RIN: 1545-BQ86 197. Section 30D Foreign Entity of Concern [1545-BQ99] Legal Authority: 26 U.S.C. 30D; 26 U.S.C. 7805 Abstract: Section 30D calls for the establishment of regulations for several purposes. One of those provisions is in section 30D(e)(3), which provides that the Secretary shall issue regulations or other guidance as the Secretary determines necessary to carry out the purposes of section 30D(e) regarding the critical mineral and battery component requirements, including regulations or other guidance which provides for the requirements for recordkeeping or information reporting for purposes of administering the requirements of section 30D(e). Section 30D(e)(1)(B) and 30D(e)(2)(B) provide applicable percentage requirements for critical minerals and battery components, respectively, for vehicles placed in service during various tax years, beginning with vehicles placed in service before January 1, 2024. Section 30D(d)(7) provides that for purposes of this section, the term new clean vehicle shall not include: (1) any vehicle placed in service after December 31, 2024, with respect to which any of the applicable critical minerals contained in the battery of such vehicle (as described in section 30D(e)(1)(A)) were extracted, processed, or recycled by a foreign entity of concern (as defined in section 40207(a)(5) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)(5))), or any vehicle placed in service after December 31, 2023, with respect to which any of the components contained in the battery of such vehicle (as described in section 30D(e)(2)(A)) were manufactured or assembled by a foreign entity of concern (as so defined). On April 17, 2023, proposed regulations were published in the Federal Register, 88 FR 23370, which provided proposed definitions for certain terms related to section 30D, proposed rules regarding personal and business use and other special rules, and additional proposed rules related to the critical mineral and battery component requirements. The Internal Revenue Service and Department of Treasury intend to publish proposed regulations and a revenue procedure regarding vehicle transfer elections provided for in sections 25E(f) and 30D(g). As of the date of preparing this RIN request, such proposed regulations and revenue procedure have not yet been published. These proposed regulations will provide guidance regarding foreign entity of concern for purposes of section 30D(d)(7). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/04/23 88 FR 84098 [[Page 66864]] NPRM Comment Period End............. 01/18/24 Public Hearing...................... 01/31/24 Final Action........................ 05/06/24 89 FR 37706 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Rika Valdman, Senior Technician Reviewer, Department of the Treasury, Internal Revenue Service, 1111 Constitution Avenue NW, Room 5112, Washington, DC 20224, Phone: 202 317-5227, Fax: 202 317-7868, Email: [email protected]. RIN: 1545-BQ99 [FR Doc. 2024-16461 Filed 8-15-24; 8:45 am] BILLING CODE 4810-01-P; 4810-02-P; 9111-14-P

usgpo

2024-10-08T13:26:32.877007

FR

FR-2024-08-16/2024-16459

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66866-66875] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16459] [[Page 66865]] Vol. 89 Friday, No. 159 August 16, 2024 Part XIV Environmental Protection Agency ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66866]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Ch. I [FRL 11974-01-OA; EPA-HQ-OAR-2011-0135; EPA-HQ-OAR-2024-0089] Spring 2024 Unified Agenda of Regulatory and Deregulatory Actions AGENCY: Environmental Protection Agency. ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) publishes the Semiannual Agenda of Regulatory and Deregulatory Actions online at https://www.reginfo.gov to periodically update the public. This document contains information about: Regulations in the Semiannual Agenda that are under development, completed, or canceled since the last agenda; and Reviews of regulations with small business impacts under section 610 of the Regulatory Flexibility Act (RFA). FOR FURTHER INFORMATION CONTACT: If you have questions or comments about a particular action, please get in touch with the agency contact listed in each agenda entry. If you have general questions about the Semiannual Agenda, please contact: Caryn Muellerleile ([email protected]; 202-564-2855). Table of Contents I. Introduction A. The EPA's Regulatory Information B. What key statutes and Executive Orders guide the EPA's rule and policymaking process? C. How can you be involved in the EPA's rule and policymaking process? II. Semiannual Agenda of Regulatory and Deregulatory Actions A. What actions are included in the e-Agenda and the Regulatory Flexibility Agenda? B. How is the e-Agenda organized? C. What information is in the Regulatory Flexibility Agenda and the e-Agenda? D. What tools are available for mining Regulatory Agenda Data and for finding more about EPA rules and policies? III. Review of Regulations Under Section 610 of the Regulatory Flexibility Act A. Reviews of Rules With Significant Impacts on a Substantial Number of Small Entities B. What other special attention does EPA give to the impacts of rules on small businesses, small governments, and small nonprofit organizations? IV. Thank You for Collaborating With Us SUPPLEMENTARY INFORMATION: I. Introduction The EPA is committed to a regulatory strategy that effectively achieves the Agency's mission of protecting human health and the environment. The EPA publishes the Semiannual Agenda of Regulatory and Deregulatory Actions to update the public about regulatory activity undertaken in support of this mission. In the Semiannual Agenda, the EPA provides notice of our plans to review, propose, and issue regulations. The EPA is committed to environmental protection that benefits all communities and encourages public participation and meaningful engagement in our regulatory activities and processes. Additionally, the EPA's Semiannual Agenda includes information about rules that may have a significant economic impact on a substantial number of small entities, and review of those regulations under the Regulatory Flexibility Act as amended. In this document, the EPA explains in greater detail the types of actions and information available in the Semiannual Agenda and actions that are currently undergoing review specifically for impacts on small entities. A. The EPA's Regulatory Information ``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual regulatory agenda'' all refer to the same comprehensive collection of information that, until 2007, was published in the Federal Register (FR). Currently, this information is only available through an online database at https://www.reginfo.gov/. ``Regulatory Flexibility Agenda'' refers to a document that contains information about the subset of regulations that may have a significant impact on a substantial number of small entities. We continue to publish this document in the Federal Register pursuant to the Regulatory Flexibility Act of 1980. This document is available at https://www.govinfo.gov/app/collection/fr. ``Unified Regulatory Agenda'' refers to the collection of all agencies' agendas with an introduction prepared by the Regulatory Information Service Center facilitated by the U.S. General Services Administration. ``Regulatory Agenda Preamble'' refers to the document you are reading now. It appears as part of the Regulatory Flexibility Agenda and introduces both the EPA's Regulatory Flexibility Agenda and the e- Agenda. ``Section 610 Review'' as required by the Regulatory Flexibility Act means a periodic review within ten years of promulgating a final rule that has or may have a significant economic impact on a substantial number of small entities. The EPA maintains a list of these actions at https://www.epa.gov/reg-flex/regulatory-flexibility-act-section-610-reviews. EPA is initiating one section 610 review and is completing another with this semiannual agenda in spring 2024, as described in section III.A. below. B. What key statutes and Executive Orders guide the EPA's rule and policymaking process? Several environmental laws authorize the EPA's actions, including but not limited to: American Innovation and Manufacturing Act (AIM), Clean Air Act (CAA), Clean Water Act (CWA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), Emergency Planning and Community Right-to-Know Act (EPCRA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Resource Conservation and Recovery Act (RCRA), Safe Drinking Water Act (SDWA), and Toxic Substances Control Act (TSCA). The EPA must comply not only with environmental and other statutes, but also with applicable administrative legal requirements that apply to the issuance of regulations, such as the Administrative Procedure Act (APA), the RFA as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National Technology Transfer and Advancement Act (NTTAA), and the Congressional Review Act (CRA). The EPA also meets a number of requirements contained in numerous Executive Orders: 12866, ``Regulatory Planning and Review'' (58 FR 51735, Oct. 4, 1993), as supplemented by Executive Order 13563, ``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21, 2011) and amended by Executive Order 14094, ``Modernizing Regulatory Review'' (88 FR 21879, April 11, 2023); 12898, ``Environmental Justice'' (59 FR 7629, Feb. 16, 1994) and 14096, ``Revitalizing Our Nation's Commitment to Environmental Justice for All'' (88 FR 25251, April 26, 2023); 13045, ``Children's Health Protection'' (62 FR 19885, Apr. 23, 1997); 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999); 13175, ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, Nov. 9, 2000); and 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). [[Page 66867]] C. How can you be involved in the EPA's rule and policymaking process? You can make your voice heard by getting in touch with the contact person provided in each agenda entry. The EPA encourages you to participate as early in the process as possible. You may also participate by commenting on proposed rules published in the Federal Register. Instructions on how to submit your comments through https://www.regulations.gov are provided in each Notice of Proposed Rulemaking (NPRM). To be most effective, comments should contain information and data that support your position, and you also should explain why the EPA should incorporate your suggestion in the rule or other type of action. You can be particularly helpful and persuasive if you provide examples to illustrate your concerns and offer specific alternative(s) to what has been proposed by the EPA. The EPA believes its actions will be more cost effective and protective if the development process includes stakeholders working with us to help identify the most practical and effective solutions to environmental problems. The EPA encourages you to become involved in its rule- and policymaking processes. For more information about the EPA's efforts to increase transparency, participation, and collaboration in EPA activities, please visit https://www.epa.gov/laws-regulations/get-involved-epa-regulations. II. Semiannual Agenda of Regulatory and Deregulatory Actions A. What actions are included in the e-Agenda and the Regulatory Flexibility Agenda? The EPA includes key regulatory actions in the e-Agenda. However, there is no legal significance to the omission of an item from the agenda, and the EPA generally does not include the following categories of actions: Administrative actions such as delegations of authority, changes of address, or phone numbers. Under the CAA: Revisions to state implementation plans; equivalent methods for ambient air quality monitoring; deletions from the new source performance standards source categories list; delegations of authority to states; area designations for air quality planning purposes. Under FIFRA: Registration-related decisions, actions affecting the status of currently registered pesticides, and data call- ins. Under the Federal Food, Drug, and Cosmetic Act: Actions regarding pesticide tolerances and food additive regulations. Under TSCA: Licensing actions and new chemical actions. Under RCRA: Authorization of State solid waste management plans and hazardous waste delisting petitions. Under the CWA: State Water Quality Standards, deletions from the section 307(a) list of toxic pollutants, suspensions of toxic testing requirements under the National Pollutant Discharge Elimination System (NPDES), and delegations of NPDES authority to States. Under SDWA: Actions on State underground injection control programs. Meanwhile, the Regulatory Flexibility Agenda includes: Actions likely to have a significant economic impact on a substantial number of small entities. Rules the Agency has identified for review under section 610 of the RFA. The EPA is initiating one review and completing another under section 610 of the RFA in this Agenda. See section III.A. for further detail. B. How is the e-Agenda organized? You can choose how to sort the agenda entries online by specifying the characteristics of the entries of interest in the desired individual data fields of the e-Agenda at https://www.reginfo.gov. You can sort based on the following characteristics: EPA subagency (such as Office of Water), stage of rulemaking as described in the following paragraphs, alphabetically by title, or the Regulation Identifier Number (RIN), which is assigned sequentially when an action is added to the agenda. Each entry in the agenda is associated with one of five rulemaking stages. The rulemaking stages are: 1. Pre-rule Stage--The EPA's pre-rule actions are generally intended to determine whether the agency should initiate rulemaking. Pre-rulemakings may include anything that influences or leads to rulemaking; this would include Advance Notices of Proposed Rulemaking (ANPRMs) or analyses of the possible need for regulatory action. 2. Proposed Rule Stage--Proposed rulemaking actions include the EPA's Notice of Proposed Rulemakings (NPRMs); these proposals are scheduled to publish in the Federal Register within the next year. 3. Final Rule Stage--Final rulemaking actions are those actions that the EPA is scheduled to finalize and publish in the Federal Register within the next year. 4. Long-Term Actions--This section includes rulemakings for which the next scheduled regulatory action (such as publication of a NPRM or final rule) is twelve or more months into the future. We encourage you to explore becoming involved even if an action is listed in the Long- Term category. 5. Completed Actions--The EPA's completed actions are those that have been promulgated and published in the Federal Register since publication of the fall 2023 Agenda. This category also includes actions that EPA is no longer considering and has elected to ``withdraw'' and the results of any RFA section 610 reviews. C. What information is in the Regulatory Flexibility Agenda and the e- Agenda? The Regulatory Flexibility Agenda entries include only the nine categories of information that are required by the Regulatory Flexibility Act of 1980 and by Federal Register Agenda printing requirements: Sequence Number, RIN, Title, Description, Statutory Authority, Section 610 Review, if applicable, Regulatory Flexibility Analysis Required, Schedule and Contact Person. Note that the electronic version of the Agenda (E-Agenda) replicates each of these actions with more extensive information, described below. E-Agenda entries include: Title: A brief description of the subject of the regulation. The notation ''Section 610 Review'' follows the title if we are reviewing the rule as part of our periodic review of existing rules under section 610 of the RFA (5 U.S.C. 610). Priority: Each entry is placed into one of the following five categories: a. Significant under 3(f)(1): Under Executive Order 12866, as amended, a rulemaking that may have an annual effect on the economy of $200 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, territorial, or tribal governments or communities. b. Other Significant: A rulemaking that is not economically significant but is considered significant for other reasons. This category includes rules that may: 1. Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. 2. Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients; or 3. Raise legal or policy issues for which centralized review would meaningfully further the President's priorities, or the principles in Executive Order 12866. [[Page 66868]] c. Substantive, Nonsignificant: A rulemaking that has substantive impacts but is not Significant, Routine and Frequent, or Informational/ Administrative/Other. d. Routine and Frequent: A rulemaking that is a specific case of a recurring application of a regulatory program in the Code of Federal Regulations. If an action that would normally be classified Routine and Frequent is reviewed by the Office of Management and Budget (OMB) under Executive Order 12866, then we would classify the action as either '' Significant under 3(f)(1)'' or ``Other Significant.'' e. Informational/Administrative/Other: An action that is primarily informational or pertains to an action outside the scope of Executive Order 12866. Major: A rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if it has resulted or is likely to result in an annual effect on the economy of $100 million or more or meets other criteria specified in the Congressional Review Act. Unfunded Mandates: Whether the rule is covered by section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act requires that, before issuing a NPRM likely to result in a mandate that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector of more than $100 million in 1 year, the agency prepare a written statement on federal mandates addressing costs, benefits, and intergovernmental consultation. Legal Authority: The sections of the United States Code (U.S.C.), Public Law (Pub. L.), Executive Order (E.O.), or common name of the law that authorizes the regulatory action. CFR Citation: The section(s) of the Code of Federal Regulations that would be affected by the action. Legal Deadline: An indication of whether the rule is subject to a statutory and/or a judicial deadline, the date of that deadline, and whether the deadline pertains to a NPRM, a Final Action, or some other action. Abstract: A brief description of the problem the action will address. Timetable: The dates and citations (if available) for all past steps and a projected date for at least the next step for the regulatory action. A date displayed in the form 03/00/2025 means the agency is predicting the month and year the action will take place but not the day it will occur. For some entries, the timetable indicates that the date of the next action is ``to be determined.'' Regulatory Flexibility Analysis Required: Indicates whether the EPA has prepared or anticipates preparing a regulatory flexibility analysis under section 603 or 604 of the RFA. Generally, such an analysis is required for proposed or final rules subject to the RFA that the EPA believes may have a significant economic impact on a substantial number of small entities. Small Entities Affected: Indicates whether the rule is anticipated to have any effect on small businesses, small governments, or small nonprofit organizations. Government Levels Affected: Indicates whether the rule may have any effect on levels of government and, if so, whether the affected governments are federal, tribal, state, or local. Federalism Implications: Indicates whether the action is expected to have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Energy Impacts: Indicates whether the action is a significant energy action under Executive Order 13211. Sectors Affected: Indicates the main economic sectors regulated by the action. The regulated parties are identified by their North American Industry Classification System (NAICS) codes. These codes were created by the Census Bureau for collecting, analyzing, and publishing statistical data on the U.S. economy. There are more than 1,000 NAICS codes for sectors in agriculture, mining, manufacturing, services, and public administration. International Trade Impacts: Indicates whether the action is likely to have international trade or investment effects, or otherwise be of international interest. Agency Contact: The name, address, phone number, and email address of a person who is knowledgeable about the regulation. Additional Information: Other information about the action including docket information. URLs: For some actions, the internet addresses are included for reading copies of rulemaking documents, submitting comments on proposals, and getting more information about the rulemaking and the program of which it is a part. RIN: The Regulation Identifier Number is used by the OMB and the public to identify and track rulemakings. The first four digits of the RIN correspond to the EPA office with lead responsibility for developing the action. D. What tools are available for mining Regulatory Agenda Data and for finding more about EPA rules and policies? 1. Federal Regulatory Dashboard The https://www.reginfo.gov searchable database maintained by the Regulatory Information Service Center and the OMB's Office of Information and Regulatory Affairs (OIRA), allows users to view the Regulatory Agenda database (https://www.reginfo.gov/public/do/eAgendaMain), with options for searching, displaying, and transmitting data. 2. Subject Matter EPA Websites Some actions listed in the Agenda include a URL for an EPA- maintained website that provides additional information about the action. 3. Public Dockets When the EPA publishes either an ANPRM or a NPRM in the Federal Register, the Agency typically establishes a docket to accumulate materials developed throughout the development process for that rulemaking. The docket serves as the repository for the collection of documents or information related to that Agency's action or activity, and is accessible both electronically or at the EPA's Docket Center Reading Room (https://www.epa.gov/dockets). The EPA uses dockets primarily for rulemaking actions, but dockets may also be used for section 610 reviews and for various non-rulemaking activities, such as Federal Register documents seeking public comments on draft guidance, policy statements, information collection requests under the PRA, and other non-rule activities. Docket information should be in that action's agenda entry. All the EPA's public dockets can be located at https://www.regulations.gov. The EPA particularly welcomes feedback on rulemakings from communities likely to be affected by these actions. III. Review of Regulations Under Section 610 of the Regulatory Flexibility Act A. Reviews of Rules With Significant Impacts on a Substantial Number of Small Entities Section 610 of the RFA requires that an agency review each rule that has or will have a significant economic impact on a substantial number of small entities within 10 years of promulgation. EPA is initiating one section 610 review and completing another. [[Page 66869]] ---------------------------------------------------------------------------------------------------------------- Review title RIN Docket ID No. Status ---------------------------------------------------------------------------------------------------------------- Section 610 Review of Standards of 2060-AW17 EPA-HQ-OAR-2024-0089................... Initiated. Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces. Section 610 Review of the Tier 3 2060-AV90 EPA-HQ-OAR-2011-0135................... Completed. Motor Vehicle Emission and Fuel Standards. ---------------------------------------------------------------------------------------------------------------- B. What other special attention does the EPA give to the impacts of rules on small businesses, small governments, and small nonprofit organizations? For each of the EPA's rulemakings, consideration is given to whether there will be any adverse impact on any small entity. The EPA attempts to fit the regulatory requirements, to the extent feasible, to the scale of the businesses, organizations, and governmental jurisdictions subject to the regulation. Under the RFA as amended by SBREFA, the Agency must prepare a formal analysis of the potential negative impacts on small entities, convene a Small Business Advocacy Review Panel (proposed rule stage), and prepare a Small Entity Compliance Guide (final rule stage) unless the Agency certifies a rule will not have a significant economic impact on a substantial number of small entities. For more detailed and current information about the Agency's policy and practice with respect to implementing the RFA/SBREFA, including ongoing Small Business Advocacy Review Panels, please visit the EPA's RFA/SBREFA website at https://www.epa.gov/reg-flex. IV. Thank You for Collaborating With Us We would like to thank those of you who choose to join with us in making progress on the complex issues involved in protecting human health and the environment through engaging in our rulemaking process. Collaborative efforts such as the EPA's open rulemaking processes are valuable tools for implementing our legal requirements to address environmental and public health challenges. Our regulatory agenda and your engagement play an important role in that process. Victoria Arroyo, Associate Administrator, Office of Policy. 10--Clean Air Act--Prerule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 198....................... 610 Review of Standards of 2060-AW17 Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces (Section 610 Review). ------------------------------------------------------------------------ 10--Clean Air Act--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 199....................... Revisions to the Air 2060-AV41 Emission Reporting Requirements (AERR). 200....................... National Emission 2060-AV59 Standards for Hazardous Air Pollutants: Lime Manufacturing Plants; Amendments. ------------------------------------------------------------------------ 10--Clean Air Act--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 201....................... National Emission 2060-AU37 Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review. 202....................... NSPS for GHG Emissions 2060-AV09 from New, Modified, and Reconstructed Fossil Fuel- Fired EGUs; Emission Guidelines for GHG Emissions from Existing Fossil Fuel-Fired EGUs; and Repeal of the ACE Rule. 203....................... Standards of Performance 2060-AV16 for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review. 204....................... Section 610 Review of 2060-AV90 Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards (Completion of a Section 610 Review). ------------------------------------------------------------------------ 35--TSCA--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 205....................... 1-Bromopropane (1-BP); 2070-AK73 Regulation Under the Toxic Substances Control Act (TSCA). 206....................... N-Methylpyrrolidone (NMP); 2070-AK85 Regulation Under the Toxic Substances Control Act (TSCA). 207....................... C.I. Pigment Violet 29; 2070-AK87 Regulation Under the Toxic Substances Control Act (TSCA). ------------------------------------------------------------------------ [[Page 66870]] 35--TSCA--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 208....................... Trichloroethylene (TCE); 2070-AK83 Regulation Under the Toxic Substances Control Act (TSCA). 209....................... Perchloroethylene (PCE); 2070-AK84 Regulation Under the Toxic Substances Control Act (TSCA). ------------------------------------------------------------------------ 35--TSCA--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 210....................... Methylene Chloride; 2070-AK70 Regulation Under the Toxic Substances Control Act (TSCA). ------------------------------------------------------------------------ 72--SDWA--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 211....................... PFAS National Primary 2040-AG18 Drinking Water Regulation Rulemaking. ------------------------------------------------------------------------ ENVIRONMENTAL PROTECTION AGENCY (EPA) 10--Clean Air Act Prerule Stage 198. 610 Review of Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced- Air Furnaces (Section 610 Review) [2060-AW17] Legal Authority: 42 U.S.C. 7411 Abstract: On March 16, 2015, EPA published a final rule that made revisions to the New Source Performance Standards (NSPS) for new residential wood heaters (80 FR 13672). The 2015 final rule (40 CFR part 60, subpart AAA and QQQQ) updated the 1988 NSPS to reflect significant advancements in wood heater technologies and design, broadened the range of residential wood-heating appliances covered by the regulation, and improved and streamlined implementation procedures. The 2015 rule requires manufacturers to redesign wood heaters to be cleaner and lower emitting. In general, the design changes also make the heaters perform better and more efficiently. This new entry in the regulatory agenda announces that EPA will review the March 16, 2015 action pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 610) to determine if the provisions that could affect small entities should be maintained or should be rescinded or amended to minimize adverse economic impacts on small entities. As part of this review, EPA will consider and solicit comments on the following: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule. Comments must be received within 60 days of this notice. In submitting comments, please reference Docket ID EPA-HQ-OAR-2024-0089 and follow the instructions provided in the preamble to this issue of the Regulatory Agenda. This docket can be accessed at www.regulations.gov. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Final Rule.......................... 03/16/15 80 FR 13672 Begin Review........................ 07/00/24 ....................... End Review.......................... 11/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: No. Agency Contact: Bill Schrock, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143- 03, Research Triangle Park, NC 27711, Phone: 919 541-5032, Email: [email protected]. Nicholas Swanson, Environmental Protection Agency, Office of Air and Radiation, E143-03, Research Triangle Park, NC 27711, Phone: 919 541-4080, Email: [email protected]. RIN: 2060-AW17 ENVIRONMENTAL PROTECTION AGENCY (EPA) 10--Clean Air Act Final Rule Stage 199. Revisions to the Air Emission Reporting Requirements (AERR) [2060- AV41] Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act Abstract: This action finalizes changes to the Environmental Protection Agency's (EPA) emissions inventory reporting requirements to collect data needed for the EPA to implement pollution reduction programs and address environmental justice concerns. The amendments in this action would ensure that the EPA has sufficient information to identify and solve air quality and exposure problems. The amendments would also allow the EPA to have information readily available that the Agency needs to protect public health and perform other activities under the Clean Air Act (CAA or ``the Act''). Further, the amendments would ensure that communities have the data needed to understand significant sources of air pollution that may be impacting them-- including potent carcinogens and other highly toxic chemicals linked with a wide range of chronic and acute health problems. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/09/23 88 FR 54118 Notice.............................. 10/12/23 88 FR 63046 Final Rule.......................... 07/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. [[Page 66871]] Agency Contact: Marc Houyoux, Environmental Protection Agency, Office of Air and Radiation, C339-02, Research Triangle Park, NC 27711, Phone: 919 541-3649, Fax: 919 541-0684, Email: [email protected]. RIN: 2060-AV41 200. National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants; Amendments [2060-AV59] Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act; 42 U.S.C. 7414, 7601 Abstract: This action will amend the Lime Manufacturing National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR part 63, subpart AAAAA, as required by the Clean Air Act (CAA). This action will address Louisiana Environmental Action Network v. EPA, 955 F.3d 1088 (D.C. Cir. 2020) (LEAN''), in which the court held that EPA must set limits on uncontrolled hazardous air pollutant (HAP) emissions when the Agency conducts technology reviews under CAA section 112(d)(6), 42 U.S.C. 7412(d)(6). The Lime Manufacturing NESHAP was promulgated pursuant to section 112(d) of the CAA on January 5, 2004. The residual risk and technology review (RTR) was promulgated pursuant to CAA 112(f) and 112(d)(6) on July 24, 2020. The NESHAP establishes emission limitations based on maximum achievable control technology for control of HAP from kilns at new and existing lime manufacturing plants. The HAP emitted from lime manufacturing kilns include hydrochloric acid, mercury, organic HAP, and dioxins/furans. On July 21, 2023, the U.S. District Court for the District of Columbia extended the deadline for EPA to complete final action on the Lime NESHAP to June 30, 2024. The EPA convened a Small Business Advocacy Review (SBAR) Panel to obtain advice and recommendations from small entity representatives (SERs) that could be subject to the Lime Manufacturing NESHAP requirements. On August 3, 2023, the EPA's Small Business Advocacy Chairperson convened the Panel, which consisted of the Chairperson, the Director of the Sector Policies and Programs Division within the EPA's Office of Air Quality Planning and Standards, the Administrator of the Office of Information and Regulatory Affairs within OMB, and the Chief Counsel for Advocacy of the Small Business Administration (SBA). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/05/23 88 FR 805 Supplemental NPRM................... 02/09/24 89 FR 9088 Final Rule.......................... 07/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brian Storey, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243- 04, Research Triangle Park, NC 27711, Phone: 919 541-1103, Fax: 919 541-4991, Email: [email protected]. Keith Barnett, Environmental Protection Agency, Office of Air and Radiation, D243-04, Research Triangle Park, NC 27711, Phone: 919 541- 5605, Fax: 919 541-4991, Email: [email protected]. RIN: 2060-AV59 ENVIRONMENTAL PROTECTION AGENCY (EPA) 10--Clean Air Act Completed Actions 201. National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review [2060-AU37] Legal Authority: 42 U.S.C. 7607(d); 42 U.S.C. 7414, 7601 Abstract: In December 1994, pursuant to section 112(d) of the Clean Air Act, EPA promulgated the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Ethylene Oxide (EtO) Commercial Sterilization and Fumigation Operations (59 FR 62585). The NESHAP established standards for both major and area sources. EPA completed a residual risk and technology review for the NESHAP in 2006 and, at that time, concluded that no revisions to the standards were necessary. In this action, EPA conducted the second RTR for the NESHAP and updated the rule. To aid in this effort, EPA issued an advance notice of proposed rulemaking that solicited comment from stakeholders, undertook a Small Business Advocacy Review panel, which is needed when there is the potential for significant economic impacts to small businesses from any regulatory actions being considered, and has conducted outreach meetings within the communities affected by the highest-risk facilities as part of the development of this action. These meetings involved informing community members of the risk from EtO emissions and explaining how they can be involved in the rule writing process. EPA also held a national webinar on this proposal. Accommodations were made for Spanish-language speaking communities, which are disproportionately affected by these EtO emissions. This final rule also reflects feedback EPA received from representatives of local and state governments. For more information, please visit https://www.epa.gov/stationary-sources-air-pollution/ethylene-oxide-emissions-standards-sterilization-facilities. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ ANPRM............................... 12/12/19 84 FR 67889 NPRM................................ 04/13/23 88 FR 22790 Final Rule.......................... 04/05/24 89 FR 24090 Final Rule Effective................ 04/05/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jon Witt, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-05, Research Triangle Park, NC 27709, Phone: 919 541-5645, Email: [email protected]. Kusondra King, Environmental Protection Agency, Office of Air and Radiation, Research Triangle Park, NC 27711, Phone: 919 541-4373, Email: [email protected]. RIN: 2060-AU37 202. NSPS for GHG Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired EGUS; Emission Guidelines for GHG Emissions From Existing Fossil Fuel-Fired EGUS; and Repeal of the ACE Rule [2060-AV09] Legal Authority: 42 U.S.C. 7411 Clean Air Act; 42 U.S.C. 7414, 7601 Abstract: EPA has issued final carbon pollution standards for power plants that set carbon dioxide (CO2) limits for new gas- fired combustion turbines and CO2 emission guidelines for existing coal, oil and gas-fired steam generating units, securing important climate benefits and protecting public health. These rules will significantly reduce greenhouse gas (GHG) emissions from existing coal-fired power plants and from new natural gas turbines, ensuring that all long-term coal-fired plants and base load new gas-fired plants control 90% of their carbon pollution. Existing coal-fired power plants are the largest source of GHGs from the power sector. New natural gas- fired combustion turbines are some of the largest new sources of GHG being built today and these final standards will ensure that [[Page 66872]] they are constructed to minimize their GHG emissions. Consistent with EPA's traditional approach to establishing pollution standards under the Clean Air Act, the final limits and emission guidelines are based on proven pollution control technologies that can be applied directly to power plants and can achieve substantial reductions in carbon pollution at reasonable cost. Emission guidelines for the longest- running existing coal units and performance standards for new base load combustion turbines are based on the use of carbon capture and sequestration/storage (CCS) an available and cost-effective control technology that can be applied directly to power plants. EPA has evaluated the emissions reductions, benefits, and costs of the final carbon pollution standards in a Regulatory Impact Analysis (RIA). The RIA projects reductions of 1.38 billion metric tons of CO2 systemwide through 2047 along with tens of thousands of tons of PM2.5, SO2, and NOX harmful air pollutants that are known to endanger public health. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/23/23 88 FR 33240 Supplemental NPRM................... 11/20/23 88 FR 80682 Final Rule.......................... 05/09/24 89 FR 39798 Final Rule Effective................ 07/08/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Lisa Thompson, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243- 01, Research Triangle Park, NC 27711, Phone: 919 541-9775, Email: [email protected]. Nick Hutson, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: [email protected]. RIN: 2060-AV09 203. Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review [2060-AV16] Legal Authority: 42 U.S.C. 7411 Abstract: On November 15, 2021, the EPA proposed new source performance standards and emission guidelines for crude oil and natural gas facilities. (86 FR 63110). This action was in response to the January 20, 2021, Executive Order titled ``Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.'' On December 6, 2022, in a supplemental proposal, EPA proposed to update, strengthen, and expand its November 2021 proposal that would secure major climate and health benefits for all Americans by reducing emissions of methane and other harmful air pollution from both new and existing sources in the oil and natural gas industry (87 FR 74702). On November 30, 2023, the EPA Administrator signed the final rule which includes multiple actions to reduce air pollution emissions from the Crude Oil and Natural Gas source category. First, the EPA finalized new source performance standards regulating greenhouse gases and volatile organic compounds emissions from the Crude Oil and Natural Gas source category pursuant to the Clean Air Act. Second, the EPA finalized emission guidelines under the Clean Air Act for states to follow in developing, submitting, and implementing state plans to establish performance standards to limit greenhouse gas emissions from existing sources (designated facilities) in the Crude Oil and Natural Gas source category. Third, the EPA finalized several related actions stemming from the joint resolution of Congress, adopted on June 30, 2021, under the Congressional Review Act, disapproving the EPA's final rule titled, ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review,'' September 14, 2020. Fourth, the EPA finalized a protocol under the general provisions for optical gas imaging. The final rule was published on March 8, 2024 (89 FR 16820). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/15/21 86 FR 63110 Supplemental NPRM................... 12/06/22 87 FR 74702 Final Rule.......................... 03/08/24 89 FR 16820 Final Rule Effective................ 05/07/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Amy Hambrick, Environmental Protection Agency, Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143- 05, Research Triangle Park, NC 27711, Phone: 919 541-0964, Fax: 919 541-0516, Email: [email protected]. RIN: 2060-AV16 204. Section 610 Review of Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards (Completion of a Section 610 Review) [2060-AV90] Legal Authority: 5 U.S.C. 610 Abstract: The rulemaking ``Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards'' was finalized by EPA in April 2014 (79 FR 23414). The final rule established the Tier 3 Motor Vehicle Emission and Fuel Standards program. The Tier 3 program was part of a comprehensive approach to reducing the impacts of motor vehicles on air quality and public health. The program considered the vehicle and its fuel as an integrated system, setting new vehicle emissions standards and a new gasoline sulfur standard beginning in 2017. The vehicle emissions standards were expected to reduce both tailpipe and evaporative emissions from passenger cars, light-duty trucks, medium-duty passenger vehicles, and some heavy-duty vehicles. The gasoline sulfur standards were expected to enable more stringent vehicle emissions standards and to make emissions control systems more effective. This entry in the regulatory agenda announces that the EPA has reviewed this action pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 610) to determine if the provisions that could affect small entities should be continued without change or should be rescinded or amended to minimize adverse economic impacts on small entities. As part of this review, the EPA solicited comments on the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule. No comments were received. The EPA has concluded that the rule does not need to be amended at this time and has addressed the review factors in a report. The report is available in Docket EPA-HQ-OAR-2011-0135, which can be accessed at www.regulations.gov. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Final Rule.......................... 04/28/14 79 FR 23414 Begin Review........................ 07/27/23 88 FR 48598 End Review.......................... 05/15/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: No. [[Page 66873]] Agency Contact: Jessica Mroz, Environmental Protection Agency, Office of Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 564-1094, Email: [email protected]. RIN: 2060-AV90 ENVIRONMENTAL PROTECTION AGENCY (EPA) 35--TSCA Proposed Rule Stage 205. 1-Bromopropane (1-BP); Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK73] Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act Abstract: This proposed rulemaking will address the unreasonable risk of injury to health presented by 1-bromopropane (1-BP). Section 6(a) of the Toxic Substances Control Act (TSCA) requires EPA address by rule any unreasonable risk identified in a TSCA risk evaluation and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. The Agency's development of this rule incorporates significant stakeholder outreach and public participation, including over 40 external meetings as well as required Federalism, Tribal, and Environmental Justice consultations and a Small Businesses Advocacy Review Panel. Specifically, EPA engaged in discussions with industry, non-governmental organizations, other government agencies, technical experts and users of 1-BP, and the general public to hear from users, academics, manufacturers, and members of the public health community about practices related to commercial uses of 1-BP. EPA's risk evaluation for 1-BP, describing the conditions of use, is in docket EPA-HQ-OPPT-2019-0235, with the 2022 unreasonable risk determination and additional materials in docket EPA-HQ-OPPT-2016-0741. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/00/24 Final Rule.......................... 08/00/25 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Amy Shuman, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-2978, Email: [email protected]. Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-0432, Email: [email protected]. RIN: 2070-AK73 206. N-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK85] Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act Abstract: This proposed rulemaking will address the unreasonable risk of injury to health presented by n-methylpyrrolidone (NMP). Section 6(a) of the Toxic Substances Control Act (TSCA) requires EPA to address by rule any unreasonable risk identified in a TSCA section 6(b) risk evaluation by applying requirements to the extent necessary so the chemical no longer presents unreasonable risk. The Agency's development of this rule incorporates significant stakeholder outreach and public participation, including over 40 external meetings as well as required Federalism, Tribal, and Environmental Justice consultations and a Small Businesses Advocacy Review Panel. EPA's 2020 risk evaluation for NMP, describing its conditions of use is in docket EPA-HQ-OPPT-2019-0236, with the 2022 revised unreasonable risk determination and additional materials in docket EPA-HQ-OPPT-2016-0743. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/14/24 89 FR 51134 NPRM Comment Period End............. 07/29/24 Final Rule.......................... 05/00/25 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Clara Hull, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-3954, Email: [email protected]. Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-0432, Email: [email protected]. RIN: 2070-AK85 207. C.I. Pigment Violet 29; Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK87] Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act Abstract: This proposed rulemaking will address unreasonable risks of injury to health identified in the final risk evaluation for C.I. Pigment Violet 29. Section 6 of the Toxic Substances Control Act (TSCA) requires EPA to address unreasonable risks of injury to health or the environment that the Administrator has determined are presented by a chemical substance under the conditions of use. EPA's risk evaluation for C.I. Pigment Violet 29, describing the conditions of use and presenting EPA's determination of unreasonable risk, is in docket EPA- HQ-OPPT-2018-0604, with revised risk determination and additional information in docket EPA-HQ-OPPT-2016-0725. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/00/24 Final Rule.......................... 11/00/25 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Carolyn Mottley, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue, Mail Code 7404M, Washington, DC 20460, Phone: 202 566-1955, Email: [email protected]. Ana Corado, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-0140, Email: [email protected]. RIN: 2070-AK87 ENVIRONMENTAL PROTECTION AGENCY (EPA) 35--TSCA Final Rule Stage 208. Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK83] Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act Abstract: On October 31, 2023, EPA issued a proposed rule to address the unreasonable risk of injury to human health presented by trichloroethylene (TCE) under its conditions of use as documented in EPA's November 2020 Risk Evaluation for TCE and January 2023 revised risk determination for TCE pursuant to the Toxic Substances Control Act (TSCA). TCE is widely used as a solvent in a variety of industrial, commercial and consumer applications including for hydrofluorocarbon (HFC) production, vapor and aerosol degreasing, and in lubricants, greases, [[Page 66874]] adhesives, and sealants. TSCA requires that when EPA determines a chemical substance presents unreasonable risk that EPA address by rule the unreasonable risk of injury to health or the environment and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. EPA determined that TCE presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to TCE, including non-cancer effects (liver toxicity, kidney toxicity, neurotoxicity, immunotoxicity, reproductive toxicity, and developmental toxicity) as well as cancer (liver, kidney, and non-Hodgkin lymphoma) from chronic inhalation and dermal exposures to TCE. TCE is a neurotoxicant and is carcinogenic to humans by all routes of exposure. The most sensitive adverse effects of TCE exposure are non-cancer effects (developmental toxicity and immunosuppression) for acute exposures and developmental toxicity and autoimmunity for chronic exposures. To address the identified unreasonable risk, EPA is proposing to: prohibit all manufacture (including import), processing, and distribution in commerce of TCE and industrial and commercial use of TCE for all uses, with longer compliance timeframes and workplace controls for certain processing and industrial and commercial uses (including proposed phaseouts and time-limited exemptions); prohibit the disposal of TCE to industrial pre-treatment, industrial treatment, or publicly owned treatment works, with a time-limited exemption for cleanup projects; and establish recordkeeping and downstream notification requirements. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/31/23 88 FR 74712 Final Rule.......................... 09/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Gabriela Rossner, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-2426, Email: [email protected]. Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-0432, Email: [email protected]. RIN: 2070-AK83 209. Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK84] Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act Abstract: On June 16, 2023, EPA proposed a rule under the Toxic Substances Control Act (TSCA) to address the unreasonable risk of injury to human health presented by perchloroethylene (PCE). PCE is a widely used solvent in a variety of occupational and consumer applications including fluorinated compound production, petroleum manufacturing, dry cleaning, and aerosol degreasing. EPA determined that PCE presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to PCE, including neurotoxicity effects from acute and chronic inhalation exposures and dermal exposures, and cancer from chronic inhalation exposures to PCE. TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. PCE, also known as perc and tetrachloroethylene, is a neurotoxicant and a likely human carcinogen. Neurotoxicity, in particular impaired visual and cognitive function and diminished color discrimination, are the most sensitive adverse effects driving the unreasonable risk of PCE, and other adverse effects associated with exposure include central nervous system depression, kidney and liver effects, immune system toxicity, developmental toxicity, and cancer. To address the identified unreasonable risk, EPA is proposing to prohibit most industrial and commercial uses of PCE; the manufacture (including import), processing, and distribution in commerce of PCE for the prohibited industrial and commercial uses; the manufacture (including import), processing, and distribution in commerce of PCE for all consumer use; and, the manufacture (including import), processing, distribution in commerce, and use of PCE in dry cleaning and related spot cleaning through a 10- year phaseout. For certain conditions of use that would not be subject to a prohibition, EPA is also proposing to require a PCE workplace chemical protection program that includes requirements to meet an inhalation exposure concentration limit and prevent direct dermal contact. EPA is also proposing to require prescriptive workplace controls for laboratory use, and to establish recordkeeping and downstream notification requirements. Additionally, EPA proposes to provide certain time-limited exemptions from requirements for certain critical or essential emergency uses of PCE for which no technically and economically feasible safer alternative is available. The Agency's development of this rule incorporated significant stakeholder outreach and public participation, including public webinars and over 40 external meetings as well as required Federalism, Tribal, and Environmental Justice consultations and a Small Businesses Advocacy Review Panel. EPA's risk evaluation for PCE, describing the conditions of use is in docket EPA-HQ-OPPT-2019-0502, with the 2022 unreasonable risk determination and additional materials in docket EPA-HQ-OPPT-2016- 0732. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/16/23 88 FR 39652 Final Rule.......................... 08/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Kelly Summers, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-2201, Email: [email protected]. Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-0432, Email: [email protected]. RIN: 2070-AK84 ENVIRONMENTAL PROTECTION AGENCY (EPA) 35--TSCA Completed Actions 210. Methylene Chloride; Regulation Under the Toxic Substances Control Act (TSCA) [2070-AK70] Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act Abstract: On May 8, 2024, EPA promulgated a final rule to address the unreasonable risk of injury to health presented by methylene chloride under its conditions of use. TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so that the chemical no longer presents unreasonable risk. EPA's final rule will, [[Page 66875]] among other things, prevent serious illness and death associated with uncontrolled exposures to the chemical by preventing consumer access to the chemical, restricting the industrial and commercial use of the chemical while also allowing for a reasonable transition period where an industrial and commercial use of the chemical is being prohibited, provide a time-limited exemption for a critical or essential use of methylene chloride for which no technically and economically feasible safer alternative is available, and protect workers from the unreasonable risk of methylene chloride while on the job. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/03/23 88 FR 28284 Final Rule.......................... 05/08/24 89 FR 39254 Final Rule Effective................ 07/08/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ingrid Feustel, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, Mail Code 7404M, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 564-3199, Email: [email protected]. Joel Wolf, Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-0432, Email: [email protected]. RIN: 2070-AK70 ENVIRONMENTAL PROTECTION AGENCY (EPA) 72--SDWA Completed Actions 211. PFAS National Primary Drinking Water Regulation Rulemaking [2040- AG18] Legal Authority: 42 U.S.C. 300f et seq. Safe Drinking Water Act Abstract: On March 3, 2021, the Environmental Protection Agency (EPA) published the Fourth Regulatory Determinations in the Federal Register, including a determination to regulate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water. Per the Safe Drinking Water Act, following publication of the Regulatory Determination, the Administrator shall propose a maximum contaminant level goal (MCLG) and a national primary drinking water regulation (NPDWR) not later than 24 months after determination and promulgate a NPDWR within 18 months after proposal (the statute authorizes a 9-month extension of this promulgation date). The EPA issued a proposed national primary drinking water regulation for PFOA and PFOS as well as other PFAS on March 29, 2023, as part of this action. Finalization of the NPDWR reflects a key commitment in the EPA's ``PFAS Strategic Roadmap: EPA's Commitments to Action 2021-2024.'' EPA held a public hearing on the proposed NPDWR on May 4, 2023. The public comment period closed May 30, 2023, and more than 120,000 comments were received. On April 8, 2024, the final PFAS NPDWR was signed by the EPA Administrator and published in the Federal Register on April 26, 2024. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Notice.............................. 02/09/22 87 FR 7412 NPRM................................ 03/29/23 88 FR 18638 Final Rule.......................... 04/26/24 89 FR 32532 Final Rule Effective................ 06/25/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ryan Albert, Environmental Protection Agency, Office of Water, 4203M, Washington, DC 20460, Phone: 202 564-0763, Email: [email protected]. Alexis Lan, Environmental Protection Agency, Office of Water, 1200 Pennsylvania Avenue NW, 4601M, Washington, DC 20460, Phone: 202 564- 0841, Email: [email protected]. RIN: 2040-AG18 [FR Doc. 2024-16459 Filed 8-15-24; 8:45 am] BILLING CODE 6560-50-P

usgpo

2024-10-08T13:26:32.922844

FR

FR-2024-08-16/2024-16472

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66878-66882] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16472] [[Page 66877]] Vol. 89 Friday, No. 159 August 16, 2024 Part XV General Services Administration ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66878]] ----------------------------------------------------------------------- GENERAL SERVICES ADMINISTRATION 41 CFR Chapters 102, 105, 300, 301, 302, 303, and 304 48 CFR Chapter 5 Unified Agenda of Federal Regulatory and Deregulatory Actions AGENCY: General Services Administration (GSA). ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: This agenda announces the proposed regulatory actions that GSA plans for the next 12 months and those that were completed since the fall 2023 edition. This agenda was developed under the guidelines of Executive Orders 12866, ``Regulatory Planning and Review,'' Executive Order 13563, ``Improving Regulation and Regulatory Review'' and Executive Order 14094, ``Modernizing Regulatory Review.'' GSA's purpose in publishing this agenda is to allow interested persons an opportunity to participate in the rulemaking process. GSA also invites interested persons to recommend existing significant regulations for review to determine whether they should be modified or eliminated. The public may provide comments on rules via. http://www.regulations.gov. The Unified Agenda, including previous versions, are available at www.reginfo.gov. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), GSA's printed agenda entries include only: (1) Rules that are in the agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and (2) Any rules that the agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's agenda requirements. Additional information on these entries is available in the Unified Agenda. In addition, for fall editions of the agenda, the entire Regulatory Plan will continue to be printed in the Federal Register, as in past years, including GSA's regulatory plan. FOR FURTHER INFORMATION CONTACT: Lois Mandell, Division Director, Regulatory Secretariat Division, 1800 F Street NW, 6th Floor, Washington, DC 20405-0001, 202-501-2735 or by email at [email protected]. Dated: June 3, 2024. Mehul Parakh, Acting Associate Administrator, Office of Government-wide Policy. General Services Administration--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 212....................... General Services 3090-AK29 Administration Acquisition Regulation (GSAR); GSAR Case 2020- G534, Extension of Certain Telecommunication Prohibitions to Lease Acquisitions. 213....................... General Services 3090-AK36 Acquisition Regulation (GSAR); GSAR Case 2021- G505, Amending Prescriptions for Including FAR Provisions and Clauses in Lease Procurements. 214....................... General Services 3090-AK48 Administration Acquisition Regulations (GSAR); GSAR 2021-G520, Economic Price Adjustment for Deregulated Electric Supplies. 215....................... General Services 3090-AK51 Administration Acquisition Regulation (GSAR); GSAR Case 2021- G530, Labor Requirements for Lease Acquisitions. ------------------------------------------------------------------------ General Services Administration--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 216....................... General Services 3090-AK20 Administration Acquisition Regulation (GSAR); GSAR Case 2020- G510, Federal Supply Schedule Economic Price Adjustment. 217....................... General Service 3090-AK22 Acquisition Regulation (GSAR); GSAR Case 2020- G512, System for Award Management Representation for Leases. 218....................... General Services 3090-AK39 Administration Acquisition Regulation (GSAR); GSAR Case 2021- G522, Contract Requirements for High- Security Leased Space. 219....................... General Service 3090-AK55 Acquisition Regulation (GSAR); GSAR Case 2022- G513, Updating Payments Clause. ------------------------------------------------------------------------ General Services Administration--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 220....................... General Services 3090-AK44 Administration Acquisition Regulation (GSAR); GSAR 2021-G527, Immediate and Highest- Level Owner for High- Security Leased Space. 221....................... General Services 3090-AK71 Administration Acquisition Regulation (GSAR): GSAR Case 2023- G507, Additional Transactional Data Reporting Elements for Non-Federal Supply Schedule contracts.. ------------------------------------------------------------------------ General Services Administration--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 222....................... General Services 3090-AK21 Administration Acquisition Regulation (GSAR); GSAR Case 2020- G511, Updated Guidance for Non-Federal Entities Access to Federal Supply Schedules. [[Page 66879]] 223....................... General Service 3090-AK58 Acquisition Regulation (GSAR); GSAR Case 2022- G514, Standardizing Federal Supply Schedule Clause and Provision Prescriptions. 224....................... General Services 3090-AK60 Acquisition Regulation (GSAR): GSAR Case 2022- G517 Single-use Plastic Packaging Reduction. 225....................... Federal Management 3090-AK69 Regulation (FMR), FMR Case 2023-102-1, Designation of Authority and Sustainable Siting. ------------------------------------------------------------------------ GENERAL SERVICES ADMINISTRATION (GSA) Proposed Rule Stage Office of Acquisition Policy 212. General Services Administration Acquisition Regulation (GSAR); GSAR Case 2020-G534, Extension of Certain Telecommunication Prohibitions to Lease Acquisitions [3090-AK29] Legal Authority: 40 U.S.C. 121(c); 5 U.S.C. 801; Pub. L. 115-232 sec. 889 Abstract: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to prohibit procurement from certain covered entities using covered equipment and services in lease acquisitions pursuant to section 889 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019. The rule will implement the section 889 requirements in lease acquisitions by requiring inclusion of the related Federal Acquisition Regulation (FAR) provisions and clauses. This rule supports the national security priority. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/00/24 NPRM Comment Period End............. 01/00/25 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Stephen Carroll, Procurement Analyst, GSA Acquisition Policy Division, General Services Administration, 1800 F Street NW, Washington, DC 20405, Phone: 817 253-7858, Email: [email protected]. RIN: 3090-AK29 213. General Services Acquisition Regulation (GSAR); GSAR Case 2021- G505, Amending Prescriptions for Including FAR Provisions and Clauses in Lease Procurements [3090-AK36] Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to revise the prescriptions for FAR provisions and clauses that apply to lease solicitations and contracts. Additionally, GSA is proposing to make conforming changes to some provision and clause titles and numbers listed to align with the FAR, along with other editorial changes. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/00/24 NPRM Comment Period End............. 12/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Amy Lara, Procurement Analyst, GSA Acquisition Policy Division, General Services Administration, GSA Acquisition Policy Division, 1800 F Street NW, Washington, AZ 20405, Phone: 816 926-7172, Email: [email protected]. RIN: 3090-AK36 214. General Services Administration Acquisition Regulations (GSAR); GSAR 2021-G520, Economic Price Adjustment for Deregulated Electric Supplies [3090-AK48] Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to revise internal agency approval procedures to allow the use of an economic price adjustment clause for deregulated electric supplies under fixed-price contracts. This rule will better account for regional variability in prices, portions of which are controlled by the Federal Energy Regulatory Commission under section 205 and 206 of the Federal Power Act and other regulatory bodies. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/00/24 NPRM Comment Period End............. 01/00/25 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Stephen Carroll, Procurement Analyst, GSA Acquisition Policy Division, General Services Administration, 1800 F Street NW, Washington, DC 20405, Phone: 817 253-7858, Email: [email protected]. RIN: 3090-AK48 215. General Services Administration Acquisition Regulation (GSAR); GSAR Case 2021-G530, Labor Requirements for Lease Acquisitions [3090- AK51] Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to extend the requirements of Executive Order 14026 (Increasing the Minimum Wage for Federal Contractors) and Department of Labor regulations (29 CFR part 23) to lease acquisitions where the Davis Bacon Act applies by requiring inclusion of related Federal Acquisition Regulation (FAR) requirements. Generally, the FAR does not apply to leasehold acquisitions of real property. However, several FAR requirements have been adopted through GSAR part 570. This rule promotes economic resilience and improves the buying power of U.S. citizens. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/00/24 NPRM Comment Period End............. 10/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Johnnie McDowell, Procurement Analyst, GSA Acquisition Policy Division, General Services Administration, 1800 F Street NW, Washington, DC 20405, Phone: 202 718-6112, Email: [email protected]. RIN: 3090-AK51 [[Page 66880]] GENERAL SERVICES ADMINISTRATION (GSA) Final Rule Stage Office of Acquisition Policy 216. General Services Administration Acquisition Regulation (GSAR); GSAR Case 2020-G510, Federal Supply Schedule Economic Price Adjustment [3090-AK20] Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration is amending the General Services Administration Acquisition Regulations (GSAR) to standardize and simplify the clauses for Multiple Award Schedules (Schedules) related to economic price adjustments. This rule removes government-unique limits in these clauses to better align with commercial standards and practices. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/16/23 88 FR 78710 NPRM Comment Period End............. 01/16/24 Final Rule.......................... 10/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Thomas O'Linn, Senior Procurement Policy Analyst, GSA Acquisition Policy Division, General Services Administration, 1800 F Street NW, Washington, DC 20405, Phone: 202 445-0390, Email: [email protected]. RIN: 3090-AK20 217. General Service Acquisition Regulation (GSAR); GSAR Case 2020- G512, System for Award Management Representation for Leases [3090-AK22] Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to remove the requirement for lease offerors to have an active System for Award Management (SAM) registration when submitting offers and instead allow offers up until the time of award to obtain an active SAM registration. Entities seeking Federal leases differ from the typical entities seeking Federal contracts in that common practice is to form a new entity for every new lease offer. Requiring representations from these entities prior to offer submission restricts competition. In addition, the tools in SAM typically used in the Government's evaluation of offers do not add value when evaluating lease offers. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/27/24 89 FR 21230 NPRM Comment Period End............. 05/28/24 Final Rule.......................... 01/00/25 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Amy Lara, Procurement Analyst, GSA Acquisition Policy Division, General Services Administration, GSA Acquisition Policy Division, 1800 F Street NW, Washington, AZ 20405, Phone: 816 926-7172, Email: [email protected]. RIN: 3090-AK22 218. General Services Administration Acquisition Regulation (GSAR); GSAR Case 2021-G522, Contract Requirements for High-Security Leased Space [3090-AK39] Legal Authority: 40 U.S.C. 121(c); Pub. L. 116-276 Abstract: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to incorporate contractor disclosure requirements and access limitations for high-security leased space pursuant to the Secure Federal Leases Act. Covered entities are required to identify whether the beneficial owner of a high-security leased space, including an entity involved in the financing thereof, is a foreign person or entity when first submitting a proposal and annually thereafter. This rule supports the national security priority. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/27/21 86 FR 73219 NPRM Comment Period End............. 02/25/22 Final Rule.......................... 11/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Stephen Carroll, Procurement Analyst, GSA Acquisition Policy Division, General Services Administration, 1800 F Street NW, Washington, DC 20405, Phone: 817 253-7858, Email: [email protected]. RIN: 3090-AK39 219. General Service Acquisition Regulation (GSAR); GSAR Case 2022- G513, Updating Payments Clause [3090-AK55] Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to remove the agency supplemental clause regarding payments for non-commercial fixed price contracts for supplies or services. This payments clause provides that, in certain transactions, the Government must pay a contractor without submission of an invoice or voucher. GSA has determined that this is no longer in the best interest of the Government. This final rule will additionally amend any corresponding references to the clause. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/28/23 88 FR 12641 NPRM Comment Period End............. 05/01/23 ....................... Final Rule.......................... 07/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Byron Boyer, Procurement Analyst, GSA Acquisition Policy Division, General Services Administration, 1800 F Street NW, Washington, DC 20405, Phone: 817 850-5580, Email: [email protected]. RIN: 3090-AK55 GENERAL SERVICES ADMINISTRATION (GSA) Long-Term Actions Office of Acquisition Policy 220. General Services Administration Acquisition Regulation (GSAR); GSAR 2021-G527, Immediate and Highest-Level Owner for High-Security Leased Space [3090-AK44] Legal Authority: 40 U.S.C. 121(c) Abstract: GSA is amending the General Services Administration Acquisition Regulation (GSAR) to implement certain requirements outlined in the Secure Federal LEASEs Act (Pub. L. 116-276). The Act addresses the risks of foreign ownership of Government-leased real estate and requires the disclosure of ownership information for high- security space leased to accommodate a Federal agency. This rule supports the national security priority. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Interim Final Rule Effective........ 06/30/21 ....................... Interim Final Rule.................. 07/01/21 86 FR 34966 Interim Final Rule Comment Period 08/30/21 ....................... End. Final Rule.......................... 06/00/25 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. [[Page 66881]] Agency Contact: Stephen Carroll, Procurement Analyst, GSA Acquisition Policy Division, General Services Administration, 1800 F Street NW, Washington, DC 20405, Phone: 817 253-7858, Email: [email protected]. RIN: 3090-AK44 221. General Services Administration Acquisition Regulation (GSAR): GSAR Case 2023-G507, Additional Transactional Data Reporting Elements for Non-Federal Supply Schedule Contracts [3090-AK71] Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to update and bring certain reporting elements into conformance with current business practices. The reporting elements would apply to solicitations and contracts for GSA-awarded indefinite-delivery indefinite-quantity (IDIQ), Governmentwide acquisition contracts (GWACs), and multi-agency contracts (MACs). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/00/25 ....................... NPRM Comment Period End............. 08/00/25 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Thomas O'Linn, Senior Procurement Policy Analyst, GSA Acquisition Policy Division, General Services Administration, 1800 F Street NW, Washington, DC 20405, Phone: 202 445-0390, Email: [email protected]. RIN: 3090-AK71 GENERAL SERVICES ADMINISTRATION (GSA) Completed Actions 222. General Services Administration Acquisition Regulation (GSAR); GSAR Case 2020-G511, Updated Guidance For Non-Federal Entities Access to Federal Supply Schedules [3090-AK21] Legal Authority: 40 U.S.C. 121(c); 40 U.S.C. 502 Abstract: GSA is issuing this final rule amending the General Services Administration Acquisition Regulation (GSAR) to update and clarify the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ Final Rule.......................... 02/22/24 89 FR 13282 Final Rule Effective................ 03/25/24 ....................... Final Rule Correction............... 04/03/24 89 FR 22966 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Thomas O'Linn, Phone: 202 445-0390, Email: [email protected] RIN: 3090-AK21 223. General Service Acquisition Regulation (GSAR); GSAR Case 2022- G514, Standardizing Federal Supply Schedule Clause and Provision Prescriptions [3090-AK58] Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to standardize the identification of Federal Supply Schedule (FSS) clauses, provisions, and references. GSA will clarify the distinction between Federal Supply Schedule and the Multiple Award Schedule (MAS) Program. GSA will also clarify the applicability of FSS clauses and provisions for FSS contracts managed by GSA and the Department of Veterans Affairs. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ Final Rule.......................... 01/12/24 89 FR 2172 Correction.......................... 01/23/24 89 FR 4200 Final Rule Effective................ 02/12/24 ....................... Correction.......................... 02/13/24 89 FR 10006 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Adina Torberntsson, Phone: 303 236-2677, Email: [email protected]. RIN: 3090-AK58 224. General Services Acquisition Regulation (GSAR): GSAR Case 2022- G517 Single-Use Plastic Packaging Reduction [3090-AK60] Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to amend the General Services Administration Acquisition Regulation (GSAR) to add a new provision and clause to identify single-use plastic free (SUP-free) packaging availability for products under the Federal Supply Schedules with the goal of reducing single-use plastic packaging. GSA sought public participation on this rule through the establishment of a GAP FAC in June of 2022. The GAP FAC was comprised of multiple stakeholders to include academics, non-profit organizations, industry, and government employees. GSA published an advance notice of proposed rulemaking in July of 2022 (including an extension in September of 2022) seeking inputs from the public pertaining to the use of plastic consumed in both packaging and shipping, as well as other single-use plastics for which the agency contracts. The feedback was considered in the development of the proposed rule. GSA also requested and received public comments in response to the proposed rule published in December of 2023. These comments were considered in the development of the final rule. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/26/23 88 FR 88856 Final Rule.......................... 06/06/24 89 FR 48330 Final Rule Effective................ 07/08/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Adina Torberntsson, Phone: 303 236-2677, Email: [email protected]. RIN: 3090-AK60 225. Federal Management Regulation (FMR), FMR Case 2023-102-1, Designation of Authority and Sustainable Siting [3090-AK69] Legal Authority: 40 U.S.C. secs. 121(c); 40 U.S.C. secs. 581(c)(1), 584, 585, and 901 to 905; sec. 1 of Reorganization Plan No. 18 of 1950, 15 FR 3177, 64 Stat. 1270 (40 U.S.C. 301 note); 7 U.S.C. 2204b; 41 U.S.C. 3301 et seq.; 54 U.S.C. 300101 et seq.; E.O. 12072; E.O. 13006 Abstract: The General Services Administration, in furtherance of its authority to furnish space to federal agencies, is amending the Federal Management Regulation to elaborate on the factors that are advantageous to the Government when planning for location decisions. In addition, the proposed revisions are necessary to bring the current regulation into compliance with updated terminology in statute and Office of Management and Budget bulletins. The objective of these changes is to direct agencies to better integrate strategic, holistic analysis into planning for agency location decisions and to provide consistency in application of these regulations across Federal agencies and regions. Completed: [[Page 66882]] ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/24/23 88 FR 72974 Final Rule.......................... 04/22/24 89 FR 29261 Final Rule Effective................ 05/22/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Chris Coneeney, Phone: 202 208-2956, Email: [email protected]. RIN: 3090-AK69 [FR Doc. 2024-16472 Filed 8-15-24; 8:45 am] BILLING CODE 6820-34-P

usgpo

2024-10-08T13:26:33.007755

FR

FR-2024-08-16/2024-16462

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66884-66885] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16462] [[Page 66883]] Vol. 89 Friday, No. 159 August 16, 2024 Part XVI National Aeronautics and Space Administration ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66884]] ----------------------------------------------------------------------- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Ch. V Regulatory Agenda AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: NASA's regulatory agenda describes those regulations being considered for development or amendment by NASA, the need and legal basis for the actions being considered, the name and telephone number of the knowledgeable official, whether a regulatory analysis is required, and the status of regulations previously reported. ADDRESSES: Director, Office of the Executive Secretariat, NASA Headquarters, Washington, DC 20546. FOR FURTHER INFORMATION CONTACT: Emily A. Pellegrino, (202) 257-1698. SUPPLEMENTARY INFORMATION: OMB guidelines dated February 20, 2024, ``Spring 2024 Unified Agenda of Federal Regulatory and Deregulatory Actions,'' require a regulatory agenda of those regulations under development and review to be published in the Federal Register each spring and require a Regulatory Plan be published in the fall. Dated: May 14, 2024. Dennis Boccippio, Supervisory Program Specialist, Office of the Executive Secretariat. National Aeronautics and Space Administration--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 226....................... NASA FAR Supplement: 2700-AE76 Implementation of a Branding Clause (Section 610 Review). ------------------------------------------------------------------------ National Aeronautics and Space Administration--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 227....................... Uniform Administrative 2700-AE77 Requirements, Cost Principles, and Audit Requirements for Federal Awards (Section 610 Review). ------------------------------------------------------------------------ NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) Proposed Rule Stage 226. NASA FAR Supplement: Implementation of a Branding Clause (Section 610 Review) [2700-AE76] Legal Authority: Not Yet Determined Abstract: The National Aeronautics and Space Administration (NASA) is proposing to amend is regulations at 48 CFR parts 1827 and 1852 to implement a new Branding Clause. This clause will provide instructions to the contractor on whether the contractor is authorized to use the NASA brand(s) or is prohibited from use. As a government agency, NASA will not promote or endorse or appear to promote or endorse a commercial product, service, or activity. Therefore, there are strict limits placed on the use of any of the NASA identities in advertisements. The clause will also include limitations on when contractors may release general information regarding their activities conducted within the scope of NASA contracts. The clause will provide legal protection for NASA and contractors by detailing the rights and responsibilities of each. Public Outreach and Engagement Activities NASA engages with the public on procurement-related regulations in several ways. The Agency meets with industry associations on a quarterly basis both for its own regulations and as a signatory to the Federal Acquisition Regulation (FAR). Industry associations that regularly participate in these discussions include members of the Council of Defense and Space Industry Associations (CODSIA). During these meetings, NASA often provides information on open FAR rules which are publicly accessible in the FAR Case Status Report at https://www.acq.osd.mil/dpap/dars/far_case_status.html, and may provide an update on companion NASA FAR Supplement (NFS) acquisition rules. Occasionally, while NFS or FAR rules are out for public comment, NASA will hold a public meeting to allow the public to provide feedback in an open forum. Information regarding a public meeting is typically provided within the rule document upon publication for comment. NASA's Acquisition also conveys policy changes through publications on the following websites: Procurement Class Deviations at https://www.hq.nasa.gov/office/procurement/regs/pcd.pdf. Procurement Notices (https://www.hq.nasa.gov/office/procurement/regs/pn.pdf). Procurement Information Circulars at https://www.hq.nasa.gov/office/procurement/regs/pic.pdf. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: No. Agency Contact: Erica Jones, National Aeronautics and Space Administration, Washington, DC 20546, Phone: 256 544-6720, Email: [email protected]. RIN: 2700-AE76 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) Final Rule Stage 227. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Section 610 Review) [2700-AE77] Legal Authority: 51 U.S.C. 20113 (e); Pub. L. 97-258, 96 Stat. 1003; 31 U.S.C. 6301 et seq. Abstract: The National Aeronautics and Space Administration (NASA) is proposing to amend its regulations at 2 CFR part 1800 to include updates and clarifications in administrative requirements, cost principles, and audit requirements for federal awards issued by NASA. The changes will reflect updated definitions, streamlined financial and program management standards, and refined property standards to align with current federal regulations and NASA-specific [[Page 66885]] operational needs. Additionally, the proposed changes will include adjustments to noncompliance remedies and cost-sharing requirements, aiming to enhance the efficiency and accountability of managing grant and cooperative agreement awards given by NASA. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Direct Final Rule................... 09/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: No. Agency Contact: Corey Walz, Office of the Chief Financial Officer, National Aeronautics and Space Administration, 300 E Street SW, Washington, DC 20546, Phone: 202 904-6581, Email: [email protected]. RIN: 2700-AE77 [FR Doc. 2024-16462 Filed 8-15-24; 8:45 am] BILLING CODE 7510-13-P

usgpo

2024-10-08T13:26:33.033768

FR

FR-2024-08-16/2024-16463

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66888-66890] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16463] [[Page 66887]] Vol. 89 Friday, No. 159 August 16, 2024 Part XVII Small Business Administration ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66888]] ----------------------------------------------------------------------- SMALL BUSINESS ADMINISTRATION 13 CFR Ch. I Semiannual Regulatory Agenda AGENCY: U.S. Small Business Administration (SBA). ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: This Semiannual Regulatory Agenda (Agenda) is a summary of current and projected rulemakings and completed actions of the Small Business Administration (SBA). This summary information is intended to enable the public to be more aware of, and effectively participate in, SBA's regulatory activities. Accordingly, SBA invites the public to submit comments on any aspect of this Agenda. FOR FURTHER INFORMATION CONTACT: General Please direct general comments or inquiries to Lindsey K. McCready, U.S. Small Business Administration, 409 Third Street SW, Washington, DC 20416; (202) 401-2996; [email protected]. Specific Please direct specific comments and inquiries on individual regulatory activities identified in this Agenda to the individual listed in the summary of the regulation as the point of contact for that regulation. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA) requires SBA to publish in the Federal Register a semiannual regulatory flexibility agenda describing those Agency rules that are likely to have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). The summary information published in the Federal Register is limited to those rules. Additional information regarding all of the rulemakings SBA expects to consider in the next 12 months is included in the Federal Government's unified Regulatory Agenda, which will be available online at www.reginfo.gov in a format that offers users enhanced ability to obtain information about SBA's rules. Isabella Casillas Guzman, Administrator. Small Business Administration--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 228....................... Affiliation in Small 3245-AH97 Business Procurement Programs. 229....................... Regulatory Reform 3245-AI06 Initiative: Streamlining and Modernizing the Surety Bond Guarantee Program. 230....................... Export Working Capital 3245-AI07 Program. 231....................... Disaster Assistance Loan 3245-AI08 Program Changes to Unsecured Loan Amounts. 232....................... Small Business Size 3245-AI12 Standards: Monetary-Based Industry Size Standards. 233....................... Small Business Size 3245-AI13 Standards: Employee-Based Industry Size Standards. ------------------------------------------------------------------------ Small Business Administration--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 234....................... 504 Loan Program Debt 3245-AI15 Refinancing With and Without Expansion Updates. ------------------------------------------------------------------------ Small Business Administration--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 235....................... Small Business Size 3245-AG16 Standards: Adjustment of Alternative Size Standard for SBA's 7(a) and CDC/ 504 Loan Programs for Inflation; and Surety Bond Limits: Adjustments for Inflation. 236....................... Small Business Timber Set- 3245-AG69 Aside Program. ------------------------------------------------------------------------ SMALL BUSINESS ADMINISTRATION (SBA) Proposed Rule Stage 228. Affiliation in Small Business Procurement Programs [3245-AH97] Legal Authority: 15 U.S.C. 632(a) Abstract: Following revisions to the requirements in SBA's 8(a) Business Development and Service-Disabled Veteran-Owned Small Business programs, SBA is issuing conforming revisions to its affiliation rules that govern all of the small-business procurement programs. These revisions will ensure consistent requirements for ownership and control across SBA's procurement programs. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 09/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Sam Le, Director of Policy, Planning, and Liaison, Small Business Administration, 409 3rd Street SW, Washington, DC 20416, Phone: 202 619-1789, Email: [email protected]. RIN: 3245-AH97 229. Regulatory Reform Initiative: Streamlining and Modernizing the Surety Bond Guarantee Program [3245-AI06] Legal Authority: 15 U.S.C. 694(b) Abstract: The Office of Surety Guarantees (OSG) will publish a Notice of Proposed Rulemaking (NPRM) to receive comments from the public and surety industry regarding streamlining and modernizing the Surety Bond Guarantee Program. This proposed rule will reduce the file retainage and form submission burden of participating surety companies, correct conflicting provisions, as well as revise the obsolete preferred surety admissions requirements and the Quarterly Contract Completion Report. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. [[Page 66889]] Agency Contact: Jermaine Perry, Director, Office of Surety Guarantees, Small Business Administration, 409 3rd Street SW, Washington, DC 20416, Phone: 202 401-8275, Email: [email protected]. RIN: 3245-AI06 230. Export Working Capital Program [3245-AI07] Legal Authority: 15 U.S.C. 636(a) Abstract: SBA will publish a notice of proposed rulemaking to enhance the Export Working Capital Program (EWCP). The revisions concern (1) increasing the maximum maturity on an EWCP loan from 3- years to 5-years; (2) changing the regulations to allow EWCP loan proceeds to be used to finance export transactions or support companies who engage in export transactions by providing working capital against their accounts receivable and inventory; (3) allowing use of proceeds for asset-based working capital secured by inventory and accounts receivable; (4) including a de minimis amount of domestic accounts receivable (not to exceed 30%) for EWCP loans used as an asset based line of credit; (5) allow Applicants to submit projections to support the need for facilities supporting pre-shipment working capital; (6) revise the unique requirements for the EWCP to align with industry standards for asset based lending. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 09/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Daniel Pische, National Director of Trade Finance, Office of International Trade, Small Business Administration, 409 Third Street SW, Washington, DC 20416, Phone: 202 321-5666, Email: [email protected]. RIN: 3245-AI07 231. Disaster Assistance Loan Program Changes to Unsecured Loan Amounts [3245-AI08] Legal Authority: 15 U.S.C. 636(b) Abstract: SBA will publish a notice of proposed rulemaking in order to receive comments from the public regarding the proposal to increase the unsecured loan amounts for disaster survivors. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Alejandro Contreras, Acting Director, Office of Financial Assistance, Small Business Administration, 409 Third Street SW, Washington, DC 20416, Phone: 202 205-6674, Email: [email protected]. RIN: 3245-AI08 232. Small Business Size Standards: Monetary-Based Industry Size Standards [3245-AI12] Legal Authority: 15 U.S.C. 632(a) Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires SBA to conduct every five years a detailed review of all size standards and to make appropriate adjustments to reflect market conditions. As part of the third 5-year review of size standards under the Jobs Act, in this proposed rule, SBA will evaluate all industries with monetary- based size standards and make necessary adjustments to their size standards. This is one of the two of proposed rules that SBA will issue. SBA will apply its revised Size Standards Methodology, which is available on its website at http://www.sba.gov/size, to this purposed rule. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size Standards, Small Business Administration, 409 Third Street SW, Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email: [email protected]. RIN: 3245-AI12 233. Small Business Size Standards: Employee-Based Industry Size Standards [3245-AI13] Legal Authority: 15 U.S.C. 632(a) Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires SBA to conduct every five years a detailed review of all size standards and to make appropriate adjustments to reflect market conditions. As part of the third 5-year review of size standards under the Jobs Act, in this proposed rule, SBA will evaluate all industries with employee- based size standards and make necessary adjustments to their size standards. This is one of the two of proposed rules that SBA will issue. SBA will apply its revised Size Standards Methodology, which is available on its website at http://www.sba.gov/size, to this purposed rule. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size Standards, Small Business Administration, 409 Third Street SW, Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email: [email protected]. RIN: 3245-AI13 SMALL BUSINESS ADMINISTRATION (SBA) Final Rule Stage 234. 504 Loan Program Debt Refinancing With and Without Expansion Updates [3245-AI15] Legal Authority: 15 U.S.C. 695 et seq. Abstract: SBA proposes to update the 504 loan program to broaden eligibility and increase access to capital for small business borrowers. This will include debt refinancing with and without expansion as well as economic development objectives. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Direct Final Rule................... 07/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Linda Reilly, Chief, 504 Loan Program, Small Business Administration, 409 Third Street SW, Washington, DC 20416, Phone: 202 604-5032, Email: [email protected]. RIN: 3245-AI15 SMALL BUSINESS ADMINISTRATION (SBA) Completed Actions 235. Small Business Size Standards: Adjustment of Alternative Size Standard for SBA's 7(a) and CDC/504 Loan Programs for Inflation; and Surety Bond Limits: Adjustments for Inflation [3245-AG16] Legal Authority: Pub. L. 111-240, sec. 1116 Abstract: SBA proposes amending its size eligibility criteria for Business Loans, certified development company (CDC) loans under title V of the Small Business Investment Act (504) and economic injury disaster loans (EIDL). For the SBA 7(a) Business Loan Program [[Page 66890]] and the 504 program, the amendments will provide an alternative size standard for loan applicants that do not meet the small business size standards for their industries. The Small Business Jobs Act of 2010 (Jobs Act) established alternative size standards that apply to both of these programs until SBA's Administrator establishes other alternative size standards. For the disaster loan program, the amendments will provide an alternative size standard for loan applicants that do not meet the Small Business Size Standard for their industries. SBA loan program alternative size standards do not affect other Federal Government programs, including Federal procurement. Completed: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Final Rule.......................... 02/15/24 89 FR 11703 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205- 6390, Email: [email protected]. RIN: 3245-AG16 236. Small Business Timber Set-Aside Program [3245-AG69] Legal Authority: 15 U.S.C. 631; 15 U.S.C. 644(a) Abstract: The U.S. Small Business Administration (SBA or Agency) is amending its Small Business Timber Set-Aside Program (the Program) regulations. The Small Business Timber Set-Aside Program is rooted in the Small Business Act, which tasked SBA with ensuring that small businesses receive a fair proportion of the total sales of government property. Accordingly, the Program requires Timber sales to be set aside for small business when small business participation falls below a certain amount. SBA considered comments received during the Advance Notice of Proposed Rulemaking and Notice of Proposed Rulemaking processes, including on issues such as, but not limited to, whether the saw timber volume purchased through stewardship timber contracts should be included in calculations, and whether the appraisal point used in set-aside sales should be the nearest small business mill. In addition, SBA is considering data from the timber industry to help evaluate the current program and economic impact of potential changes. Completed: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Withdrawn........................... 01/01/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Sam Le, Phone: 202 619-1789, Email: [email protected]. RIN: 3245-AG69 [FR Doc. 2024-16463 Filed 8-15-24; 8:45 am] BILLING CODE 8026-03-P

usgpo

2024-10-08T13:26:33.060495

FR

FR-2024-08-16/2024-16464

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66892-66895] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16464] [[Page 66891]] Vol. 89 Friday, No. 159 August 16, 2024 Part XVIII Department of Defense General Services Administration National Aeronautics and Atmospheric Administration ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66892]] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Ch. 1 Semiannual Regulatory Agenda AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: This agenda provides summary descriptions of regulations being developed by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in compliance with Executive Order 12866 ``Regulatory Planning and Review, as reaffirmed and amended in Executive Order 13563, ``Improving Regulation and Regulatory Review,'' and Executive Order 14094, ``Modernizing Regulatory Review.'' This agenda is being published to allow interested persons an opportunity to participate in the rulemaking process. Additionally, members of the public can track the progress of any open and pending FAR rule via the ``Open FAR Cases'' report, which is publicly available at https://www.acq.osd.mil/dpap/dars/far_case_status.html. The Regulatory Secretariat Division has attempted to list all regulations pending at the time of publication, except for minor and routine or repetitive actions; however, unanticipated requirements may result in the issuance of regulations that are not included in this agenda. There is no legal significance to the omission of an item from this listing. Also, the dates shown for the steps of each action are estimated and are not commitments to act on or by the dates shown. Published proposed rules may be reviewed in their entirety at the Government's rulemaking website at https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Lois Mandell, Division Director, Regulatory Secretariat Division, 1800 F Street NW, 6th Floor, Washington, DC 20405-0001, 202-501-4755 or by email at [email protected]. SUPPLEMENTARY INFORMATION: DoD, GSA, and NASA, under their several statutory authorities, jointly issue and maintain the FAR through periodic issuance of changes published in the Federal Register and produced electronically as Federal Acquisition Circulars (FACs). The electronic version of the FAR, including changes, can be accessed on the FAR website at https://www.acquisition.gov/far. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. DOD/GSA/NASA (FAR)--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 237....................... Federal Acquisition 9000-AN56 Regulation (FAR); FAR Case 2017-016, Controlled Unclassified Information (CUI). 238....................... Federal Acquisition 9000-AO33 Regulation (FAR); FAR Case 2021-016, Minimizing the Risk of Climate Change in Federal Acquisitions. 239....................... Federal Acquisition 9000-AO49 Regulation (FAR); FAR Case 2023-002, Supply Chain Software Security. ------------------------------------------------------------------------ DOD/GSA/NASA (FAR)--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 240....................... Federal Acquisition 9000-AN83 Regulation (FAR); FAR Case 2018-017, Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. 241....................... Federal Acquisition 9000-AN92 Regulation (FAR); FAR Case 2019-009, Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment. 242....................... Federal Acquisition 9000-AO32 Regulation (FAR); FAR Case 2021-015, Disclosure of Greenhouse Gas Emissions and Climate- Related Financial Risk. 243....................... Federal Acquisition 9000-AO34 Regulation (FAR); FAR Case 2021-017, Cyber Threat and Incident Reporting and Information Sharing. 244....................... Federal Acquisition 9000-AO58 Regulation (FAR); FAR Case 2023-010, Prohibition on a ByteDance Covered Application. 245....................... Federal Acquisition 9000-AO69 Regulation (FAR); FAR Case 2023-021, Pay Equity and Transparency in Federal Contracting. ------------------------------------------------------------------------ DOD/GSA/NASA (FAR)--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 246....................... Federal Acquisition 9000-AO13 Regulation (FAR); FAR Case 2020-011, Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders. ------------------------------------------------------------------------ DOD/GSA/NASA (FAR)--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 247....................... Federal Acquisition 9000-AO43 Regulation (FAR); FAR Case 2022-006, Sustainable Procurement. ------------------------------------------------------------------------ [[Page 66893]] DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (FAR) Proposed Rule Stage 237. Federal Acquisition Regulation (FAR); FAR Case 2017-016, Controlled Unclassified Information (CUI) [9000-AN56] Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy provisions; 10 U.S.C. 3016; 51 U.S.C. 20113 Abstract: This rule will apply the controlled unclassified information (CUI) program requirements in Federal contracts in a uniform manner to protect CUI. This rule is one element of a larger strategy to improve the Government's efforts to identify, deter, protect against, detect, and respond to increasing sophisticated threat actions targeting Federal contractors. This rule is being issued in accordance with the National Archives and Records Administration (NARA) regulations implementing the CUI program per Executive Order 13556 issued November 4, 2010, as implemented in NARA's implementing regulations. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/00/24 ....................... NPRM Comment Period End............. 12/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michael O. Jackson, Procurement Analyst, DOD/GSA/ NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 208- 4949, Email: [email protected]. RIN: 9000-AN56 238. Federal Acquisition Regulation (FAR); FAR Case 2021-016, Minimizing the Risk of Climate Change in Federal Acquisitions [9000- AO33] Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy provisions; 10 U.S.C. 3016; 51 U.S.C. 20113 Abstract: This rule will allow agencies to: (1) provide a preference for proposed solutions that have lower life-cycle greenhouse gas emissions; and (2) require a Federal contractor to identify and manage climate risks that may impact contract performance. This rule is being issued in accordance with section 5(b)(ii) of the Executive Order 14030 titled ``Climate-Related Financial Risk.'' DoD, GSA, and NASA published an advance notice of proposed rulemaking in October of 2021 seeking feedback from the public on ways in which the Government could consider greenhouse gas emissions and climate risks in Federal procurement. The feedback is being considered in the development of the proposed rule. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ ANPRM............................... 10/15/21 86 FR 57404 Comment Period Extended............. 12/07/21 86 FR 69218 ANPRM Comment Period End............ 01/13/22 ....................... NPRM................................ 07/00/24 ....................... NPRM Comment Period End............. 09/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jennifer Hawes, Procurement Analyst, DOD/GSA/NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 969-7386, Email: [email protected]. RIN: 9000-AO33 239. Federal Acquisition Regulation (FAR); FAR Case 2023-002, Supply Chain Software Security [9000-AO49] Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy provisions; 10 U.S.C. 3016; 51 U.S.C. 20113 Abstract: This rule will require suppliers of software available for purchase by Federal agencies to comply with the Department of Homeland Security Cybersecurity and Infrastructure Security Agency Secure Software Development Attestation Form, and requirements for critical software. This rule is being issued in accordance with section 4(n) and 4(k) of the Executive Order 14028 titled ``Improving the Nation's Cybersecurity'' and Office of Management and Budget Memorandums 22-18 and 23-16. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/00/24 ....................... NPRM Comment Period End............. 09/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Marissa Ryba, Procurement Analyst, DOD/GSA/NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 314 586-1280, Email: [email protected]. RIN: 9000-AO49 DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (FAR) Final Rule Stage 240. Federal Acquisition Regulation (FAR); FAR Case 2018-017, Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment [9000-AN83] Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy provisions; 10 U.S.C. 3016; 51 U.S.C. 20113 Abstract: This rule will finalize an interim rule that prohibits the Government from procuring covered telecommunications equipment and services from Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Technology Company, or Dahua Technology Company, to include any subsidiaries or affiliates. The FAR provisions require that an offeror represent at an entity level in SAM, and if applicable on an offer-by-offer basis, if the offeror will or will not provide any covered telecommunications equipment or services to the Government. If an offeror responds in an offer that it will provide covered telecommunications, the offeror will need to provide additional disclosures. This FAR rule protects U.S. networks against cyber activities conducted through Chinese Government-supported telecommunications equipment and services. This rule is being issued in accordance with section 889 (a)(1)(A) of the National Defense Authorization Act for Fiscal Year 2019. Paragraph (a)(1)(B) of section 889 is being implemented separately through FAR Case 2019-009. DoD, GSA and NASA received public comments in response to the interim rules published in August and December of 2019, which are being considered in the development of the final rule. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Interim Final Rule.................. 08/13/19 84 FR 40216 Interim Final Rule Comment Period 10/15/19 ....................... End. Interim Final Rule.................. 12/13/19 84 FR 68314 Interim Final Rule Effective........ 12/13/19 ....................... Interim Final Rule Comment Period 02/11/20 ....................... End. Final Rule.......................... 04/00/25 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. [[Page 66894]] Agency Contact: FAR Policy, DOD/GSA/NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 969-4075, Email: [email protected]. RIN: 9000-AN83 241. Federal Acquisition Regulation (FAR); FAR Case 2019-009, Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment [9000- AN92] Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy provisions; 10 U.S.C. 3016; 51 U.S.C. 20113 Abstract: This rule will finalize an interim rule that prohibits the Government from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment and services from Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Technology Company, or Dahua Technology Company, to include any subsidiaries or affiliates. This FAR rule protects U.S. networks against cyber activities conducted through Chinese Government- supported telecommunications equipment and services. This rule is being issued in accordance with paragraph (a)(1)(B) of section 889 of the National Defense Authorization Act for Fiscal Year 2019. Paragraph (a)(1)(A) of section 889 is being implemented separately through FAR Case 2018-017. DoD, GSA and NASA received public comments in response to the interim rules published in July and August of 2020, which are being considered in the development of the final rule. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Interim Final Rule.................. 07/14/20 85 FR 42665 Interim Final Rule Effective........ 08/13/20 ....................... Interim Final Rule.................. 08/27/20 85 FR 53126 Interim Final Rule Comment Period 09/14/20 ....................... End. Interim Final Rule Comment Period 10/26/20 ....................... End. Interim Final Rule Effective........ 10/26/20 ....................... Final Rule.......................... 04/00/25 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: FAR Policy, DOD/GSA/NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 969-4075, Email: [email protected]. RIN: 9000-AN92 242. Federal Acquisition Regulation (FAR); FAR Case 2021-015, Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk [9000-AO32] Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy provisions; 10 U.S.C. 3016; 51 U.S.C. 20113 Abstract: This rule will require certain Federal contractors to publicly disclose their annual greenhouse gas emissions. Some Federal contractors will also be required to disclose their climate-related financial risk and to set science-based targets for reducing their greenhouse gas emissions. This rule is being issued in accordance with section 5(b)(i) of the Executive Order 14030 titled ``Climate-Related Financial Risk.'' DoD, GSA, and NASA received public comments in response to the proposed rule published in November of 2022, which are being considered in the development of the final rule. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/14/22 87 FR 68312 Comment Period Extended............. 12/23/22 87 FR 78910 NPRM Comment Period End............. 01/13/23 ....................... Final Rule.......................... 12/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jennifer Hawes, Procurement Analyst, DOD/GSA/NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 969-7386, Email: [email protected]. RIN: 9000-AO32 243. Federal Acquisition Regulation (FAR); FAR Case 2021-017, Cyber Threat and Incident Reporting and Information Sharing [9000-AO34] Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy provisions; 10 U.S.C. 3016; 51 U.S.C. 20113 Abstract: This rule will authorize agencies to increase the sharing of information about cyber threats and incident information between Government and certain providers. In addition, this rule will require certain contractors to report cyber incidents to the Federal Government to facilitate effective cyber incident response and remediation. This rule requires an offeror to represent that they have submitted all security incident reports in a current, accurate, and complete manner. This rule is being issued pursuant to recommendations from the Office of Management and Budget and the Department of Homeland Security in accordance with sections 2(b), 2(c), 2(g)(i), and 8(b), of the Executive Order 14028 titled ``Improving the Nation's Cybersecurity.'' Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/03/23 88 FR 68055 NPRM Comment Period Extended........ 11/01/23 88 FR 74970 NPRM Comment Period End............. 12/04/23 ....................... NPRM Comment Period Extended End.... 02/02/24 ....................... Final Rule.......................... 12/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Marissa Ryba, Procurement Analyst, DOD/GSA/NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 314 586-1280, Email: [email protected]. RIN: 9000-AO34 244. Federal Acquisition Regulation (FAR); FAR Case 2023-010, Prohibition on a Bytedance Covered Application [9000-AO58] Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy provisions; 10 U.S.C. 3016; 51 U.S.C. 20113 Abstract: This rule prohibits executive agencies from having or using the social networking service TikTok, developed or provided by ByteDance Limited, on any information technology owned or managed by the Government. This policy is being implemented as a national security measure to protect Government information and information and communication technology systems pursuant to section 102 of Division R of the Consolidated Appropriations Act, 2023, the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget Memorandum M-23-13, ``No TikTok on Government Devices'' Implementation Guidance, dated February 27, 2023. DoD, GSA, and NASA received public comments in response to the interim rule published in June of 2023, which are being considered in the development of the final rule. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Interim Final Rule.................. 06/02/23 88 FR 36430 Interim Final Rule Comment Period 08/01/23 ....................... End. Final Rule.......................... 05/00/25 ....................... ------------------------------------------------------------------------ [[Page 66895]] Regulatory Flexibility Analysis Required: Yes. Agency Contact: FAR Policy, DOD/GSA/NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 969-4075, Email: [email protected]. RIN: 9000-AO58 245. Federal Acquisition Regulation (FAR); FAR Case 2023-021, Pay Equity and Transparency in Federal Contracting [9000-AO69] Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy provisions; 10 U.S.C. 3016; 51 U.S.C. 20113 Abstract: This rule will limit or prohibit contractors and subcontractors from seeking and considering information about job applicants' existing or past compensation when making employment decisions for certain positions. This rule will also require contractors and subcontractors to disclose the compensation to be offered to the hired applicant in job announcements for certain positions. This rule will implement a proposed Governmentwide policy developed by the Administrator for Federal Procurement Policy, pursuant to the Administrator's authority. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/30/24 89 FR 5843 NPRM Comment Period End............. 04/01/24 ....................... Final Rule.......................... 12/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Mahruba Uddowla, Procurement Analyst, DOD/GSA/NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 703 605-2868, Email: [email protected]. RIN: 9000-AO69 DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (FAR) Long-Term Actions 246. Federal Acquisition Regulation (FAR); FAR Case 2020-011, Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders [9000-AO13] Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy provisions; 10 U.S.C. 3016; 51 U.S.C. 20113 Abstract: This rule will protect national security by excluding or removing certain covered products, services, or sources from the Federal supply chain through the issuance of exclusion and removal orders. This rule is being issued pursuant to section 202 of the Strengthening and Enhancing Cyber-capabilities by Utilizing Risk Exposure (SECURE) Technology Act and the Federal Acquisition Security Council (FASC) rule published on August 26, 2021. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Interim Final Rule.................. 10/05/23 88 FR 69503 Interim Final Rule Comment Period 12/04/23 ....................... End. Interim Final Rule Effective........ 12/04/23 ....................... Final Rule.......................... 08/00/25 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Marissa Ryba, Procurement Analyst, DOD/GSA/NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 314 586-1280, Email: [email protected]. RIN: 9000-AO13 DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (FAR) Completed Actions 247. Federal Acquisition Regulation (FAR); FAR Case 2022-006, Sustainable Procurement [9000-AO43] Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 4; 10 U.S.C. ch. 137 legacy provisions; 10 U.S.C. 3016; 51 U.S.C. 20113 Abstract: This rule will require Federal contractors to provide sustainable products and services to the maximum extent practicable under Federal contracts. This rule will also reorganize and streamline FAR part 23 to focus on current environmental matters. This rule implements the Executive Order 14057 titled ``Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability,'' and Office of Management and Budget Memorandum M-22-06. DoD, GSA, and NASA received public comments in response to the proposed rule published in August of 2023, which are being considered in the development of the final rule. Completed: ------------------------------------------------------------------------ Reason Date FR Cite ------------------------------------------------------------------------ Final Rule.......................... 04/24/24 89 FR 30212 Final Rule Effective................ 05/22/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jennifer Hawes, Phone: 202 969-7386, Email: [email protected]. RIN: 9000-AO43 [FR Doc. 2024-16464 Filed 8-15-24; 8:45 am] BILLING CODE 6820-EP-P

usgpo

2024-10-08T13:26:33.093354

FR

FR-2024-08-16/2024-16465

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Page 66898] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16465] [[Page 66897]] Vol. 89 Friday, No. 159 August 16, 2024 Part XIX Commodity Futures Trading Corporation ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66898]] ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION 17 CFR Ch. I Regulatory Flexibility Agenda AGENCY: Commodity Futures Trading Commission. ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: The Commodity Futures Trading Commission (``Commission''), in accordance with the requirements of the Regulatory Flexibility Act, is publishing a semiannual agenda of rulemakings that the Commission expects to propose or promulgate over the next year. The Commission welcomes comments from small entities and others on the agenda. FOR FURTHER INFORMATION CONTACT: Christopher Kirkpatrick, Secretary of the Commission, (202) 418-5964, [email protected], Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601, et seq., includes a requirement that each agency publish semiannually in the Federal Register a regulatory flexibility agenda. Such agendas are to contain the following elements, as specified in 5 U.S.C. 602(a): 1. A brief description of the subject area of any rule that the agency expects to propose or promulgate, which is likely to have a significant economic impact on a substantial number of small entities; 2. A summary of the nature of any such rule under consideration for each subject area listed in the agenda, the objectives and legal basis for the issuance of the rule, and an approximate schedule for completing action on any rule for which the agency has issued a general notice of proposed rulemaking; and 3. The name and telephone number of an agency official knowledgeable about the items listed in the agenda. Accordingly, the Commission has prepared an agenda of rulemakings that it presently expects may be considered during the course of the next year. Subject to a determination for each rule, it is possible as a general matter that some of these rules may have some impact on small entities.\1\ The Commission notes also that, under the RFA, it is not precluded from considering or acting on a matter not included in the regulatory flexibility agenda, nor is it required to consider or act on any matter that is listed in the agenda. See 5 U.S.C. 602(d). The Commission's Spring 2024 regulatory flexibility agenda is included in the Unified Agenda of Federal Regulatory and Deregulatory Actions. The complete Unified Agenda will be available online at www.reginfo.gov, in a format that offers users enhanced ability to obtain information from the Agenda database. Issued in Washington, DC, on May 17, 2024, by the Commission. Christopher Kirkpatrick, Secretary of the Commission. Commodity Futures Trading Commission--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 248....................... Amendments to Certain 3038-AF25 Provisions in Part 4 Applicable to Commodity Pool Operators and Commodity Trading Advisors. ------------------------------------------------------------------------ COMMODITY FUTURES TRADING COMMISSION (CFTC) Final Rule Stage 248. Amendments to Certain Provisions in Part 4 Applicable to Commodity Pool Operators and Commodity Trading Advisors [3038-AF25] Legal Authority: 7 U.S.C. 6m; 7 U.S.C. 6n Abstract: The Commodity Futures Trading Commission (Commission) has proposed a rule amending certain requirements for commodity pool operators and commodity trading advisors, including increasing the threshold in the portfolio requirement to be a Qualified Eligible Person, imposing minimal disclosure requirements addressing principal risk factors, fees/breakeven table, and conflicts of interest, and extending the deadline for providing quarterly account statements to pool participants from 30 to 45 days. Timetable: --------------------------------------------------------------------------- \1\ The Commission published its definition of a ``small entity'' for purposes of rulemaking proceedings at 47 FR 18618 (April 30, 1982). Pursuant to that definition, the Commission is not required to list--but nonetheless does--many of the items contained in this regulatory flexibility agenda. See also 5 U.S.C. 602(a)(1). Moreover, for certain items listed in this agenda, the Commission has previously certified, under section 605 of the RFA, 5 U.S.C. 605, that those items will not have a significant economic impact on a substantial number of small entities. For these reasons, the listing of a rule in this regulatory flexibility agenda should not be taken as a determination that the rule, when proposed or promulgated, will in fact require a regulatory flexibility analysis. Rather, the Commission has chosen to publish an agenda that includes significant and other substantive rules, regardless of their potential impact on small entities, to provide the public with broader notice of new or revised regulations the Commission may consider and to enhance the public's opportunity to participate in the rulemaking process. ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/12/23 88 FR 70852 NPRM Comment Period End............. 12/11/23 ....................... Final Rule.......................... 07/00/24 ....................... Final Rule Effective................ 08/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Pamela M. Geraghty, Deputy Director, Market Participants Division, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581, Phone: 202 418-5634, Email: [email protected]. RIN: 3038-AF25 [FR Doc. 2024-16465 Filed 8-15-24; 8:45 am] BILLING CODE 6351-01-P

usgpo

2024-10-08T13:26:33.116740

FR

FR-2024-08-16/2024-16447

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66900-66901] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16447] [[Page 66899]] Vol. 89 Friday, No. 159 August 16, 2024 Part XX Consumer Financial Protection Bureau ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66900]] ----------------------------------------------------------------------- CONSUMER FINANCIAL PROTECTION BUREAU 12 CFR CH. X Semiannual Regulatory Agenda AGENCY: Consumer Financial Protection Bureau. ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: The Consumer Financial Protection Bureau (CFPB) is publishing this agenda as part of the Spring 2024 Unified Agenda of Federal Regulatory and Deregulatory Actions. The CFPB reasonably anticipates having the regulatory matters identified below under consideration during the period from July 2024 to June 2025. The next agenda will be published in Fall 2024 and will update this agenda through Fall 2025. Publication of this agenda is in accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). DATES: This information is current as of May 15, 2024. ADDRESSES: Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552. FOR FURTHER INFORMATION CONTACT: A staff contact is included for each regulatory item listed herein. If you require this document in an alternative electronic format, please contact [email protected]. SUPPLEMENTARY INFORMATION: The CFPB is publishing its Spring 2024 Agenda as part of the Spring 2024 Unified Agenda of Federal Regulatory and Deregulatory Actions, which is coordinated by the Office of Management and Budget (OMB) under Executive Order 12866. The agenda lists the regulatory matters that the CFPB reasonably anticipates, as of May 15, 2024, that it will have under consideration during the period from July 1, 2024, to June 30, 2025, as described further below.\1\ The complete Unified Agenda is available to the public at the following website: https://www.reginfo.gov. --------------------------------------------------------------------------- \1\ The listing does not include certain routine, frequent, or administrative matters. The CFPB is reporting information for this Unified Agenda in a manner consistent with past practice. --------------------------------------------------------------------------- Consistent with procedures established by OMB's Office of Information and Regulatory Affairs,\2\ the CFPB's active agenda is divided into five sections: pre-rule stage; proposed rule stage; final rule stage; long-term actions, completed actions. Generally, the pre- rule through final rule stages sections list items the CFPB plans to issue within the next 12 months. The long-term actions are listed for informational purposes if a regulatory action is anticipated beyond that one-year time frame. Completed actions are those that have been published as final or are withdrawn. --------------------------------------------------------------------------- \2\ See https://www.reginfo.gov/public/jsp/eAgenda/UA_About.myjsp. Rohit Chopra, Director, Consumer Financial Protection Bureau. Consumer Financial Protection Bureau--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 249....................... Fair Credit Reporting Act 3170-AA54 Rulemaking. ------------------------------------------------------------------------ Consumer Financial Protection Bureau--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 250....................... Amendments to FIRREA 3170-AA57 Concerning Automated Valuation Models. 251....................... Required Rulemaking on 3170-AA78 Personal Financial Data Rights. ------------------------------------------------------------------------ CONSUMER FINANCIAL PROTECTION BUREAU (CFPB) Proposed Rule Stage 249. Fair Credit Reporting Act Rulemaking [3170-AA54] Legal Authority: 15 U.S.C. 1681, et seq. Abstract: Congress enacted the Fair Credit Reporting Act (FCRA) to ensure fair and accurate credit reporting, promote efficiency in the banking system, and protect consumer privacy. The law and its implementing regulations (Regulation V) impose legal duties on consumer reporting agencies, users of consumer reports, and furnishers of information to consumer reporting agencies. The consumer credit reporting industry has consistently been a major source of consumer complaints, and, since the FCRA's enactment in 1970, advances in technology have led, particularly in recent years, to a rapid evolution of the consumer reporting marketplace, including the emergence of companies using business models that rely on newer technologies and novel methods to collect and sell consumer data. The CFPB is considering proposals to regulate many activities of such data brokers as covered under the FCRA and to address other issues that have arisen in the years since the FCRA's enactment. In light of recent events and research, the CFPB is also considering whether medical debts are necessary and appropriate for consideration by creditors in underwriting decisions to protect legitimate operational, transactional, risk, consumer, and other needs, such that they should continue to be covered by a regulatory exemption allowing their consideration by creditors. The CFPB is further considering whether medical debts should be included in consumer reports provided to creditors. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Laura Stack, Office of Regulations, Consumer Financial Protection Bureau, Washington, DC 20552, Phone: 202 435-7700. RIN: 3170-AA54 CONSUMER FINANCIAL PROTECTION BUREAU (CFPB) Final Rule Stage 250. Amendments to FIRREA Concerning Automated Valuation Models [3170- AA57] Legal Authority: 12 U.S.C. 3354 Abstract: The CFPB is participating in an interagency rulemaking process with the Board of Governors of the Federal [[Page 66901]] Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Federal Housing Finance Agency (collectively, the Agencies) to develop regulations to implement the amendments made by the Consumer Financial Protection Act (CFPA) to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) concerning automated valuation models. The FIRREA amendments require implementing regulations for quality control standards for automated valuation models (AVMs). The Agencies issued a proposed rule to implement the CFPA's AVM amendments to FIRREA in June 2023. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ SBREFA Outline...................... 02/23/22 SBREFA Report....................... 05/13/22 NPRM................................ 06/21/23 88 FR 40638 NPRM Comment Period End............. 08/21/23 Final Rule.......................... 07/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Pedro De Oliveira, Office of Regulations, Consumer Financial Protection Bureau, Washington, DC 20552, Phone: 202 435-7700. RIN: 3170-AA57 251. Required Rulemaking on Personal Financial Data Rights [3170-AA78] Legal Authority: 12 U.S.C. 5533; 12 U.S.C. 5481 Abstract: Section 1033 of the Consumer Financial Protection Act (CFPA) provides that, subject to rules prescribed by the CFPB, a covered entity (for example, a bank) must make available to consumers, upon request, transaction data and other information concerning a consumer financial product or service that the consumer obtains from the covered entity. Section 1033 also states that the CFPB must prescribe by rule standards to promote the development and use of standardized formats for information made available to consumers. The CFPB released a Notice of Proposed Rulemaking in October 2023. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Request for Information............. 11/22/16 81 FR 83806 Principles Statement................ 10/18/17 ANPRM............................... 11/06/20 85 FR 71003 ANPRM Comment Period End............ 02/04/21 SBREFA Outline...................... 10/27/22 SBREFA Report....................... 03/30/23 NPRM................................ 10/31/23 88 FR 74796 NPRM Comment Period End............. 12/29/23 Final Rule.......................... 10/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michael Scherzer, Office of Regulations, Consumer Financial Protection Bureau, Washington, DC 20552, Phone: 202 435-7700. RIN: 3170-AA78 [FR Doc. 2024-16447 Filed 8-15-24; 8:45 am] BILLING CODE 4810-AM-P

usgpo

2024-10-08T13:26:33.143516

FR

FR-2024-08-16/2024-16466

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66904-66910] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16466] [[Page 66903]] Vol. 89 Friday, No. 159 August 16, 2024 Part XXI Consumer Product Safety Commission ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66904]] ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Ch. II Semiannual Regulatory Agenda AGENCY: U.S. Consumer Product Safety Commission. ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: In this document, the Commission publishes its semiannual regulatory flexibility agenda. In addition, this document includes an agenda of regulations that the Commission expects to develop or review during the next 12 months. This document meets the requirements of the Regulatory Flexibility Act and Executive Order 12866. Information in this agenda was accurate as of May 2024 when the Commission prepared this agenda. DATES: The Commission welcomes comments on the agenda and on the individual agenda entries. Submit comments to the Office of the Secretary on or before September 16, 2024. ADDRESSES: Caption comments on the regulatory agenda, ``Regulatory Flexibility Agenda.'' You can submit comments by email to: [email protected]. You can also submit comments by mail or delivery to the Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814-4408. FOR FURTHER INFORMATION CONTACT: For further information on the agenda, in general, contact Daniel Vice, Office of the General Counsel, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814-4408, [email protected]. For further information regarding a particular item on the agenda, contact the person listed in the column titled ``Contact'' for that item. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) contains several provisions intended to reduce unnecessary and disproportionate regulatory requirements on small businesses, small governmental organizations, and other small entities. Section 602 of the RFA requires each agency to publish, twice a year, a regulatory flexibility agenda containing ``a brief description of the subject area of any rule which the agency expects to propose or promulgate which is likely to have a significant economic impact on a substantial number of small entities.'' 5 U.S.C. 602. The agency must provide a summary of the nature of the rule, the objectives and legal basis for the rule, and an approximate schedule for acting on each rule for which the agency has issued a notice of proposed rulemaking. Id. In addition, the regulatory flexibility agenda must contain the name and telephone number of an agency official who is knowledgeable about the listed items. Id. Agencies must attempt to provide notice of their agendas to small entities and solicit their comments either by directly notifying them, or by including the agenda in publications that small entities are likely to obtain. Id. In addition, Executive Order 12866, Regulatory Planning and Review (Sep. 30, 1993), requires each agency to publish, twice a year, a regulatory agenda of regulations under development or review during the next year. 58 FR 51735 (Oct. 4, 1993). The Executive Order states that agencies may combine this agenda with the regulatory flexibility agenda required under the RFA. The agenda required by Executive Order 12866 must include all the regulations the agency expects to develop or review during the next 12 months, regardless of whether they may have a significant economic impact on a substantial number of small entities. This agenda also includes regulatory activities that the Commission listed in the fall 2023 agenda and completed before publishing this agenda. The agenda contains a brief description and summary of each regulatory activity, including the objectives and legal basis for each; an approximate schedule of target dates, subject to revision, for developing or completing each activity; and the name and telephone number of an agency official who is knowledgeable about items in the agenda. The internet is the primary means for disseminating the Unified Agenda. The complete Unified Agenda will be available online at: www.reginfo.gov, in a format that allows users to obtain information from the agenda database. Because agencies must publish in the Federal Register the regulatory flexibility agenda required by the RFA (5 U.S.C. 602), the Commission's printed agenda entries include only: (1) rules that are in the agency's regulatory flexibility agenda, in accordance with the RFA, because they are likely to have a significant economic impact on a substantial number of small entities; and (2) rules that the agency has identified for periodic review under section 610 of the RFA. The entries in the Commission's printed agenda are limited to fields that contain information that the RFA requires in an agenda. Additional information on these entries is available in the Unified Agenda published on the internet. The agenda reflects the Commission's agenda as of May 2024. It contains an assessment of the likelihood that the specified event will occur during the next year; the precise dates for each rulemaking are uncertain. New information, changes of circumstances, or changes in the law, may alter anticipated timing. In addition, this agenda does not represent a final determination by the Commission or its staff regarding the need for, or the substance of, any rule or regulation. Alberta E. Mills, Secretary, Consumer Product Safety Commission. Consumer Product Safety Commission--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 252....................... Safety Standard for 3041-AD97 Bassinets and Cradles. ------------------------------------------------------------------------ Consumer Product Safety Commission--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 253....................... Regulatory Options for 3041-AC31 Table Saws. 254....................... Portable Generators....... 3041-AC36 255....................... Safety Standard for 3041-AD70 Residential Gas Furnaces and Boilers. 256....................... Off-Highway Vehicles 3041-AD83 Debris Penetration Hazards. [[Page 66905]] 257....................... Safety Standard for Infant 3041-AD89 Support Cushions (Previously Infant Pillow Ban). 258....................... Infant Rockers and Infant/ 3041-AD98 Toddler Rockers. 259....................... Safety Standard for Infant 3041-AD99 Nursing Pillows. ------------------------------------------------------------------------ Consumer Product Safety Commission--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 260....................... Recreational Off-Road 3041-AC78 Vehicles. ------------------------------------------------------------------------ Consumer Product Safety Commission--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 261....................... Exemption of Baloxavir 3041-AD84 Marboxil Tablets From Poison Prevention Packaging Requirements (Formerly Xofluza Petition). ------------------------------------------------------------------------ CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Proposed Rule Stage 252. Safety Standard for Bassinets and Cradles [3041-AD97] Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a Abstract: Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) is the Danny Keysar Child Product Safety Notification Act. This Act requires the U.S. Consumer Product Safety Commission (CPSC or Commission) to: (1) examine and assess voluntary safety standards for certain infant or toddler products, and (2) promulgate mandatory consumer product safety standards that are substantially the same as the voluntary standards or more stringent than the voluntary standards if the Commission determines that more stringent standards would further reduce the risk of injury associated with these products. Section 104 also requires the Commission to periodically review and revise durable infant or toddler standards to ensure that such standards provide the highest level of safety for such products that is feasible. On February 28, 2024, staff sent a briefing package with a draft notice of proposed rulemaking (NPRM) to the Commission to update the Safety Standard for Bassinets and Cradles to address hazards associated with the use of bassinets on elevated and soft surfaces, ensure bassinets provide a flat, firm sleep surface, and to provide updated and accurate warnings. On March 20, 2024, the Commission voted to publish an NPRM, with amendments to the draft that staff submitted. The NPRM was published on April 16, 2024 and the comment period will close on June 17, 2024. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Staff Sends NPRM Briefing Package to 02/28/24 ....................... Commission. Commission Voted to Publish NPRM.... 03/20/24 ....................... NPRM Published...................... 04/16/24 89 FR 27251 End of Comment Period............... 06/17/24 ....................... Staff Reviews Comments.............. 07/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Celestine Kish, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2547, Email: [email protected]. RIN: 3041-AD97 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Final Rule Stage 253. Regulatory Options for Table Saws [3041-AC31] Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056; 15 U.S.C. 2058 Abstract: In 2006, the Commission granted a petition asking that the Commission issue a rule to prescribe performance standards for an active injury mitigation (AIM) system to reduce or prevent injuries from contacting the blade of a table saw. The Commission subsequently issued a notice of proposed rulemaking (NPRM) that would establish a performance standard requiring table saws to limit the depth of cut to 3.5 millimeters when a test probe, acting as a surrogate for a human body/finger, contacts the table saw's spinning blade. Staff has conducted several studies to provide information for the rulemaking. In November 2023, the Commission published a supplemental notice of proposed rulemaking (SNPRM) based on analysis of newly available incident data, evaluation of newly available products, and other market information that did not exist at the time of the 2017 NPRM. On February 28, 2024, The Commission provided an opportunity for interested parties to make oral presentations on the SNPR. The hybrid hearing was held in person at CPSC's headquarters and remotely via webinar. Staff is redacting data for release for additional public comment and will make those available for public comment in a forthcoming notice of availability (NOA). Staff is assigned to submit a final rule briefing package to the Commission in fiscal year 2024. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Commission Decision to Grant 07/11/06 ....................... Petition. ANPRM............................... 10/11/11 76 FR 62678 Notice of Extension of Time for 12/02/11 76 FR 75504 Comments. [[Page 66906]] Comment Period End.................. 02/10/12 ....................... Notice to Open Comment Period....... 02/15/12 77 FR 8751 Comment Period End.................. 03/16/12 ....................... Staff Sent NPRM Briefing Package to 01/17/17 ....................... Commission. Commission Decision................. 04/27/17 ....................... NPRM................................ 05/12/17 82-FR 22190 NPRM Comment Period End............. 07/26/17 ....................... Public Hearing...................... 08/09/17 82 FR 31035 Staff Sent 2016 NEISS Table Saw Type 08/15/17 ....................... Study Status Report to Commission. Staff Sent 2017 NEISS Table Saw 11/13/18 ....................... Special Study to Commission. Notice of Availability of 2017 NEISS 12/04/18 83FR62561 Table Saw Special Study. Staff Sends a Status Briefing 08/28/19 ....................... Package on Table Saws to Commission. Commission Decision................. 09/10/19 ....................... Staff Sends SNPRM Briefing Package 09/21/23 ....................... to Commission. Commission Decision Approving SNPRM. 10/25/23 ....................... Oral comment presentations.......... 02/28/24 89 FR 8582 Staff Sends NOA for Data to 07/00/24 ....................... Commission. ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Caroleene Paul, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2225, Email: [email protected]. RIN: 3041-AC31 254. Portable Generators [3041-AC36] Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058 Abstract: In 2006, the Commission issued an advance notice of proposed rulemaking (ANPRM) under the Consumer Product Safety Act (CPSA) concerning portable generators. The ANPRM discussed regulatory options that could reduce deaths and injuries related to portable generators, particularly those involving carbon monoxide (CO) poisoning. In fiscal year 2006, staff awarded a contract to develop a prototype generator engine with reduced CO in the exhaust. Also, in fiscal year 2006, staff entered into an interagency agreement (IAG) with the National Institute of Standards and Technology (NIST) to conduct tests with a generator, in both off-the-shelf and prototype configurations, operating in the garage attached to NIST's test house. In fiscal year 2009, staff entered into a second IAG with NIST with the goal of developing CO emission performance requirements for a possible proposed regulation that would be based on health effects criteria. After additional staff and contractor work, the Commission issued a notice of proposed rulemaking (NPRM) in 2016, proposing a performance standard that would limit the CO emission rates from operating portable generators. In 2018, two voluntary standards, UL 2201 and PGMA G300, adopted different CO-mitigation requirements intended to address the CO poisoning hazard associated with portable generators. Staff developed a simulation and analysis plan to evaluate the effectiveness of those voluntary standards' requirements. In 2019, the Commission sought public comments on staff's plan. In August 2020, staff submitted to the Commission a draft notice of availability of the modified plan, based on staff's review and consideration of the comments, for evaluating the voluntary standards; the Commission published the notice of availability in August 2020. In February 2022, staff delivered a briefing package to the Commission with the results of the effectiveness analysis and information on the availability of compliant generators in the marketplace. Staff concluded that the CO hazard- mitigation requirements of one standard are more effective than the other, but conformance to either standard is low. Staff provided a supplemental NPRM (SNPRM) on portable generators to the Commission on March 8, 2023. The Commission published the SNPRM on April 20, 2023. Staff is redacting data for release for additional public comment and will make those available for comment in a forthcoming notice of availability (NOA). Staff is assessing the newly revised PGMA standard and a final rule briefing package is scheduled to be sent to the Commission in fiscal year 2024. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Staff Sent ANPRM to Commission...... 07/06/06 ....................... Staff Sent Supplemental Material to 10/12/06 ....................... Commission. Commission Decision................. 10/26/06 ....................... Staff Sent Draft ANPRM to Commission 11/21/06 ....................... ANPRM............................... 12/12/06 71 FR 74472 ANPRM Comment Period End............ 02/12/07 ....................... Staff Releases Research Report for 10/10/12 ....................... Comment. NPRM................................ 11/21/16 81 FR 83556 NPRM Comment Period Extended........ 12/13/16 81 FR 89888 Public Hearing for Oral Comments.... 03/08/17 82 FR 8907 NPRM Comment Period End............. 04/24/17 ....................... Staff Sends Notice of Availability 06/26/19 ....................... to the Commission. Commission Decision................. 07/02/19 ....................... Notice of Availability.............. 07/09/19 84 FR 32729 Staff Sends Notice of Availability 08/12/20 ....................... to Commission. Commission Decision................. 08/19/20 ....................... Notice of Availability.............. 08/24/20 85 FR 52096 Staff Report on Effectiveness 02/16/22 ....................... Evaluation of Voluntary Standards. Staff Sends SNPRM Briefing Package 03/08/23 ....................... to Commission. Commission Decision................. 04/05/23 ....................... SNPRM............................... 04/20/23 88 FR 24346 SNPRM Comment Period Ends........... 06/20/23 ....................... NOA for Data to Commission.......... 09/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Janet L. Buyer, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2293, Email: [email protected]. [[Page 66907]] RIN: 3041-AC36 255. Safety Standard for Residential Gas Furnaces and Boilers [3041- AD70] Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058 Abstract: Over several years, staff has conducted research and worked with voluntary standards organizations concerning the risk of injury and death associated with carbon monoxide (CO) production and leakage from residential gas furnaces and boilers. This proposed rule would establish a performance requirement, under which gas furnaces or boilers would be required to shut off or modulate when CO levels reach a specified level for a specified duration of time. In 2019, the Commission issued an advance notice of proposed rulemaking (ANPRM) to initiate rulemaking under the Consumer Product Safety Act and requested comments on the risk of injury and alternative approaches to address the risk. On September 24, 2021, the Commission voted to change the fiscal year 2022 deliverable from a notice of proposed rulemaking (NPRM) to Data Analysis and/or Technical Review (DA/TR). On February 9, 2022, staff provided a summary and status update in a public briefing to the Commission. On September 25, 2023, staff sent an NPRM briefing package to the Commission. On October 11, 2023, the Commission approved publication of the NPRM in the Federal Register. On February 21, 2024, the Commission provided an opportunity for interested parties to make oral presentations on the NPRM. The hybrid hearing was held in person at CPSC's headquarters and remotely via webinar. Staff is redacting data for release for additional public comment and will make those available for public comment in a forthcoming Notice of Availability (NOA). The Fiscal Year 2024 Operating Plan calls for staff to submit a Final Rule package to the Commission in fiscal year 2024. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Staff Sent ANPRM Briefing Package to 07/31/19 ....................... Commission. Commission Voted to Publish ANPRM... 08/07/19 ....................... ANPRM Published in FR............... 08/19/19 84 FR 42847 ANPRM Comment Period End............ 10/18/19 ....................... Staff Sent FR Notice to Commission 10/23/19 ....................... to Reopen Comment Period. Commission Voted to Reopen Comment 11/01/19 ....................... Period. Notice to Reopen Comment Period 11/07/19 84 FR 60010 Published in FR. ANPRM Comment Period End............ 01/06/20 ....................... Commission Vote to Change 09/24/21 ....................... Deliverable from NPRM to DA/TR. Public Briefing to Commission....... 02/09/22 ....................... Staff Sends NPRM Briefing Package to 09/25/23 ....................... Commission. Commission Decision to publish NPRM. 11/11/23 ....................... NPRM Published in FR................ 11/25/23 88 FR 85862 NPRM Comment Period Extended........ 12/11/23 ....................... NPRM Comment Period End............. 01/25/24 ....................... Oral comment presentation........... 02/21/24 89 FR 8583 Staff sends NOA Regarding Data to 09/00/24 ....................... the Commission. ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ronald Jordan, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2219, Email: [email protected]. RIN: 3041-AD70 256. Off-Highway Vehicles Debris Penetration Hazards [3041-AD83] Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058 Abstract: On April 28, 2021, staff submitted an advance notice of proposed rulemaking (ANPRM) briefing package for Commission consideration concerning fire hazards associated with recreational off- highway vehicles (ROVs), utility terrain vehicles/utility task vehicles (UTVs), and all-terrain vehicles (ATVs), as well as debris-penetration hazards association with ROVs and UTVs. The Commission published the ANPRM on May 11, 2021. Staff evaluated comments on the ANPRM and conducted research. On May 18, 2022, staff submitted to the Commission a draft notice of proposed rulemaking (NPRM) for safety standards for ROVs/UTVs to prevent debris penetration injuries. The NPRM published on July 21,2022. The written comment period on the NPRM closed on September 19, 2022. Staff is redacting data for release for additional public comment and will make those available and open a comment period in a forthcoming Notice of Availability. Staff is directed to prepare a final rule briefing package for submission to the Commission in fiscal year 2024. As noted, the fire hazards associated with Off-Highway Vehicles were addressed in the ANPRM, along with the debris penetration hazards. However, fire hazards were not addressed in the NPRM. Staff continues to engage the standard development organizations (SDOs) for off highway vehicles to develop voluntary standard requirements to reduce fire hazards associated with ATVs, ROVs, and UTVs. The fire hazards associated with Off-Highway Vehicles will be addressed in a separate rulemaking. Staff is redacting data for release for additional public comment and will make those available for public comment in a forthcoming Notice of Availability (NOA). The Operating Plan calls for staff to submit a Final Rule package to the Commission in fiscal year 2024. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Staff sends ANPRM briefing package 04/28/21 ....................... to Commission (for Fire and Debris Penetration Hazards). ANPRM (for Fire and Debris 05/11/21 86 FR 25817 Penetration Hazards). Staff sends NPRM briefing package to 05/18/22 ....................... Commission (for Debris Penetration Hazards only). NPRM (for Debris Penetration Hazards 07/21/22 87 FR 43688 only). NPRM comment period ends (for Debris 09/19/22 ....................... Penetration Hazards only). [[Page 66908]] Staff sends NOA for Data with 09/00/24 ....................... Comment Period to the Commission. ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Han S. Lim, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, 4330 East West Highway, Bethesda, MD 20814-4408, Phone: 301 504-7538, Email: [email protected]. RIN: 3041-AD83 257. Safety Standard for Infant Support Cushions (Previously Infant Pillow Ban) [3041-AD89] Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a Abstract: Section 104(b) of the CPSIA requires the Commission to consult with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, to assess the effectiveness of voluntary standards for durable infant or toddler products, and then to promulgate mandatory standards for these products. 15 U.S.C. 2056a(b)(1). The mandatory standard must be substantially the same as any voluntary standard, or may be more stringent than any voluntary standard, if the Commission determines that more stringent requirements would further reduce the risk of injury associated with the product. Id. Under this authority, the Commission directed staff to develop a proposed rule for Infant Support Cushions. Staff delivered an NPRM briefing package to the Commission on November 8, 2023. On November 29, 2023 the Commission voted to approve publication of the NPRM. The NPRM was published in the Federal Register on January 16, 2024, and the public comment period closed on March 18, 2024. Staff is redacting data for release for additional public comment and will make those available for public comment in a forthcoming Notice of Availability. Staff anticipates delivering a Final Rule package to the Commission in fiscal year 2024. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Staff sends proposed NPRM package to 11/08/23 ....................... Commission. Commission Decision Approving NPRM.. 11/29/23 ....................... NPRM published...................... 01/16/24 89 FR 2530 NPRM Comment Period Closes.......... 03/18/24 ....................... Staff sends Notice of Availability 07/00/24 ....................... for Data with Reopened Comment Period to the Commission. ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ashley Johnson, Project Manager, Division of Pharmacology and Physiology Assessment, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 504-7872, Email: [email protected]. RIN: 3041-AD89 258. Infant Rockers and Infant/Toddler Rockers [3041-AD98] Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a(b) Abstract: Section 104(b) of the CPSIA requires the Commission to consult with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, to assess the effectiveness of voluntary standards for durable infant or toddler products, and then to promulgate mandatory standards for these products. 15 U.S.C. 2056a(b)(1). The mandatory standard must be substantially the same as the voluntary standard, or may be more stringent than the voluntary standard, if the Commission determines that more stringent requirements would further reduce the risk of injury associated with the product. Id. Under this authority, the Commission directed staff to develop a proposed rule for Infant Rockers and Infant/Toddler Rockers. On September 13, 2024, staff sent an NPRM briefing package to the Commission. On October 11, 2023, the Commission voted to publish the NPRM. The comment period ended on December 26, 2023. Staff is preparing data for release for additional public comment and will make those available for public comment in a forthcoming notice of availability (NOA). Staff will review comments and anticipates sending a final rule briefing package to the Commission in fiscal year 2024. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Staff Sends NPRM Briefing Package to 09/13/23 ....................... Commission. Commission Decision Approving NPRM 10/11/23 ....................... for publication. NPRM published in Federal Register.. 10/26/23 88 FR 73551 NPRM Comment Period Closes.......... 12/26/23 ....................... Staff Sends Notice of Availability 07/00/24 ....................... for Data with Reopened Time Period to the Commission. ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Zachary Foster, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, 5 Research Place, Rockville, MD 29850, Phone: 301 987-2034, Email: [email protected]. RIN: 3041-AD98 259. Safety Standard for Infant Nursing Pillows [3041-AD99] Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a Abstract: Section 104(b) of the CPSIA requires the Commission to consult with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, to assess the effectiveness of voluntary standards for durable infant or toddler products, and then to promulgate mandatory standards for these products. 15 U.S.C. 2056a(b)(1). The mandatory standard must be substantially the same as any voluntary standard, or may be more stringent than any voluntary standard, if the Commission determines that more stringent requirements would further reduce the risk of injury associated with the product. Id . Under this authority, the Commission directed staff to develop a proposed rule for Nursing Pillows. Staff delivered a notice of proposed rulemaking (NPRM) briefing package to the Commission on August 23, 2023. On September 8, 2023, the Commission voted to approve publication of the NPRM in the Federal Register. The NPRM was published in the Federal Register on September 26, 2023, and the public comment period closed on November 27, 2023. Staff is redacting data to release for additional public comment and will make those available and reopen the comment period in a forthcoming Notice of Availability (NOA). Staff anticipates delivering a Final Rule package to the Commission in fiscal year 2024. Timetable: [[Page 66909]] ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Staff Sends NPRM Briefing Package to 08/23/23 ....................... Commission. Commission Decision................. 09/08/23 ....................... NPRM Published...................... 09/26/23 88 FR 65865 NPRM Comment Period Closes.......... 11/27/23 ....................... Staff Sends Notice of Availability 07/00/24 ....................... for Data with Comment Period to the Commission. ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Timothy P. Smith, Project Manager, Consumer Product Safety Commission, Division of Human Factors, Directorate for Engineering Sciences, Washington, DC 20207, Phone: 301 504-7691, Email: [email protected]. RIN: 3041-AD99 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Long-Term Actions 260. Recreational Off-Road Vehicles [3041-AC78] Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058 Abstract: Staff conducted testing and evaluation programs to develop performance requirements addressing vehicle stability, vehicle handling, and occupant protection. In 2014, the Commission issued a notice of proposed rulemaking (NPRM) proposing standards addressing vehicle stability, vehicle handling, and occupant protection for recreational off-road vehicles (ROVs). Congress directed in fiscal year 2016, and reaffirmed in subsequent fiscal year appropriations, that none of the amounts made available by the Appropriations Bill may be used to finalize or implement the proposed Safety Standard for Recreational Off-Highway Vehicles until after the National Academy of Sciences completes a study to determine specific information, as set forth in the Appropriations Bill. Staff ceased work on a Final Rule briefing package and instead engaged the Recreational Off-Highway Vehicle Association (ROHVA) and Outdoor Power Equipment Institute (OPEI) in the development of voluntary standards for ROVs. Staff conducted dynamic and static tests on ROVs, shared test results with ROHVA and OPEI, and participated in the development of revised voluntary standards to address staff's concerns with vehicle stability, vehicle handling, and occupant protection. The voluntary standards for ROVs were revised and published in 2016 (ANSI/ROHVA 1-2016 and ANSI/ OPEI B71.9-2016). Staff assessed the new voluntary standard requirements and prepared a termination of rulemaking briefing package that was submitted to the Commission on November 22, 2016. The Commission voted not to terminate the rulemaking associated with ROVs. In the Fiscal Year 2020 Operating Plan, the Commission directed staff to prepare a rulemaking termination briefing package. Staff submitted a briefing package to the Commission on September 16, 2020 that recommended termination of the rulemaking. On September 22, 2020, the Commission voted 2-2 on this matter. A majority was not reached and no action is being taken. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Staff Sends ANPRM Briefing Package 10/07/09 ....................... to Commission. Commission Decision................. 10/21/09 ....................... ANPRM............................... 10/28/09 74 FR 55495 ANPRM Comment Period Extended....... 12/22/09 74 FR 67987 Extended Comment Period End......... 03/15/10 ....................... Staff Sends NPRM Briefing Package to 09/24/14 ....................... Commission. Staff Sends Supplemental Information 10/17/14 ....................... on ROVs to Commission. Commission Decision................. 10/29/14 ....................... NPRM Published in Federal Register.. 11/19/14 79 FR 68964 NPRM Comment Period Extended........ 01/23/15 80 FR 3535 Extended Comment Period End......... 04/08/15 ....................... Staff Sends Briefing Package 11/22/16 ....................... Assessing Voluntary Standards to Commission. Commission Decision Not to Terminate 01/25/17 ....................... Staff Sends Briefing Package to 09/16/20 ....................... Commission. Commission Decision: Majority Not 09/22/20 ....................... Reached, No Action Will be Taken. ----------------------------------- Next Step Undetermined.............. To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Caroleene Paul, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2225, Email: [email protected]. RIN: 3041-AC78 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Completed Actions 261. Exemption of Baloxavir Marboxil Tablets From Poison Prevention Packaging Requirements (Formerly Xofluza Petition) [3041-AD84] Legal Authority: 15 U.S.C. 1472; 15 U.S.C. 1474 Abstract: On March 30, 2020, Genentech, Inc. submitted a petition requesting exemption from the special packaging requirements of the Poison Prevention Packaging Act (PPPA) for the prescription drug XOFLUZATM (Baloxavir marboxil). The petition was docketed, and staff sent a briefing package to the Commission on September 1, 2021, recommending that the Commission grant the petition and issue a notice of proposed rulemaking (NPRM). On September 8, 2021, the Commission voted to grant the petition and publish an NPRM. On September 16, 2021, the NPRM was published and invited interested parties to submit written comments on the NPRM. The comment period closed on November 30, 2021. Staff submitted a final rule package to the Commission on March 27, 2024, and the Commission voted to approve publication on April 2, 2024. The final rule was published on April 19, 2024 and the effective date is May 20, 2024. [[Page 66910]] Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Petition Docketed................... 10/05/20 ....................... Staff Sent Briefing Package to 09/01/21 ....................... Commission. Commission Decision................. 09/08/21 ....................... NPRM................................ 09/16/21 86 FR 51640 End of NPRM Comment Period.......... 11/30/21 ....................... Staff Submits Final Rule Package to 03/27/24 ....................... Commission. Commission Voted to Publish Final 04/02/24 ....................... Rule. Final Rule Published in Federal 04/19/24 89 FR 28604 Register. ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Cheryl Scorpio, Project Manager, Directorate for Health Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2572. RIN: 3041-AD84 [FR Doc. 2024-16466 Filed 8-15-24; 8:45 am] BILLING CODE 6355-01-P

usgpo

2024-10-08T13:26:33.175762

FR

FR-2024-08-16/2024-16467

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66912-66960] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16467] [[Page 66911]] Vol. 89 Friday, No. 159 August 16, 2024 Part XXII Federal Communications Commission ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66912]] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Ch. I Unified Agenda of Federal Regulatory and Deregulatory Actions-- Spring 2024 AGENCY: Federal Communications Commission. ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: In the Spring and Fall of each year, the Federal Communications Commission publishes in the Federal Register a list in the Unified Agenda of those major items and other significant regulatory proceedings under development or review that pertain to the Regulatory Flexibility Act (5 U.S.C. 602). The Unified Agenda also provides the Code of Federal Regulations citations and legal authorities that govern these proceedings. The complete Unified Agenda will be published on the internet in a searchable format at www.reginfo.gov. ADDRESSES: Federal Communications Commission, 45 L Street NE, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Andrea Brown, Program Specialist, Office of Communications Business Opportunities, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, (202) 418-1663. SUPPLEMENTARY INFORMATION: Unified Agenda of Major and Other Significant Proceedings The Commission encourages public participation in its rulemaking process. To help keep the public informed of significant rulemaking proceedings, the Commission has prepared a list of important proceedings now in progress. The General Services Administration publishes the Unified Agenda in the Federal Register in the spring and fall of each year. The following terms may clarify the status of the proceedings included in this report: Docket Number--assigned to a proceeding if the Commission has issued either a Notice of Proposed Rulemaking or a Notice of Inquiry concerning the matter under consideration. The Commission has used docket numbers since January 1, 1978. Docket numbers consist of the last two digits of the calendar year in which the docket was established plus a sequential number that begins at 1 with the first docket initiated during a calendar year (e.g., Docket No. 15-1 or Docket No. 17-1). The abbreviation for the responsible bureau usually precedes the docket number, as in ``MB Docket No. 15-137,'' which indicates that the responsible bureau is the Media Bureau. A docket number consisting of only five digits (e.g., Docket No. 29622) indicates that the docket was established before January 1, 1978. Notice of Inquiry (NOI)--the Commission will issue an NOI when it is seeking information on a broad subject or trying to generate ideas on a given topic. Interested parties may submit comments during the specified comment period. Notice of Proposed Rulemaking (NPRM)--the Commission will issue an NPRM when it is proposing new rules or changes to existing rules and regulations. Before any changes are made, the Commission requests interested parties to submit written comments on the proposed rules or revisions. Further Notice of Proposed Rulemaking (FNPRM)--the Commission will issue an FNPRM when it is seeking additional information from the public and requests the public to submit comments in the proceeding. Memorandum Opinion and Order (MO&O)--the Commission will issue an MO&O in response to a petition for rulemaking, to conclude an inquiry, modify a decision, amend a Report and Order, or state that the Report and Order will not be changed. Rulemaking (RM) Number--assigned to a proceeding after the appropriate bureau or office has reviewed a petition for rulemaking, but before the Commission has acted on the petition. Report and Order (R&O)--the Commission may issue an R&O that will either adopt new rules, change existing rules, or state that no rule or regulation changes will be made. Sanford S. Williams, Deputy Chief of Staff for Chairwoman Rosenworcel. Consumer and Governmental Affairs Bureau--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 262....................... Rules and Regulations 3060-AI14 Implementing the Telephone Consumer Protection Act (TCPA) of 1991 (CG Docket No. 02- 278). 263....................... Rules and Regulations 3060-AI15 Implementing Section 225 of the Communications Act (Telecommunications Relay Service) (CG Docket No. 03-123). 264....................... Structure and Practices of 3060-AJ42 the Video Relay Service (VRS) Program (CG Docket No. 10-51). 265....................... Implementation of the 3060-AJ84 Middle-Class Tax Relief and Job Creation Act of 2012/Establishment of a Public Safety Answering Point Do-Not-Call Registry (CG Docket No. 12-129). 266....................... Implementation of Sections 3060-AK00 716 and 717 of the Communications Act of 1934, as Enacted by the Twenty-First Century Communications and Video Accessibility Act of 2010 (CG Docket No. 10-213). 267....................... Misuse of Internet 3060-AK01 Protocol (IP) Captioned Telephone Service; Telecommunications Relay Services and Speech-to- Speech Services; CG Docket No. 13-24. 268....................... Advanced Methods to Target 3060-AK62 and Eliminate Unlawful Robocalls (CG Docket No. 17-59). 269....................... Empowering Broadband 3060-AL33 Consumers Through Transparency (CG Docket No 22-2). 270....................... Targeting and Eliminating 3060-AL49 Unlawful Text Messages, CG Docket 21-403, Notice of Proposed Rulemaking. 271....................... Misuse of Internet 3060-AL58 Protocol (IP) Relay Service; CG Docket No. 12- 38. 272....................... Compensation for Internet 3060-AL59 Protocol Captioned Telephone Service, (CG Docket No. 22-408). 273....................... Access to Video 3060-AL66 Conferencing, (CG Docket No. 23-161). ------------------------------------------------------------------------ Economics--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 274....................... Development of Nationwide 3060-AJ15 Broadband Data to Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans. [[Page 66913]] 275....................... Expanding the Economic and 3060-AJ82 Innovation Opportunities of Spectrum Through Incentive Auctions (GN Docket No. 12-268). 276....................... Broadband Data Collection. 3060-AL42 ------------------------------------------------------------------------ Office of Engineering and Technology--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 277....................... Unlicensed Operation in 3060-AI52 the TV Broadcast Bands (ET Docket No. 04-186). 278....................... Use of the 5.850-5.925 GHz 3060-AK96 Band; (ET Docket No. 19- 138), FCC 19-129. 279....................... Unlicensed White Space 3060-AL22 Device Operations in the Television Bands, ET Docket No. 20-36. 280....................... Protecting Against 3060-AL23 National Security Threats to the Communications Supply Chain Through the Equipment Authorization and Competitive Bidding Programs; ET Docket No. 21-232, EA Docket No. 21- 233. 281....................... Wireless Microphones in 3060-AL27 the TV Bands (ET Docket No. 21-115), 600 MHz Guard Band, 600 MHz Duplex Gap, and the 941.5- 944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-959.85 MHz, 1435- 1525 MHz. 282....................... FCC Seeks to Enable State- 3060-AL36 of-the-Art Radar Sensors in 60 GHz Band (ET Docket No. 21-264). 283....................... FCC Proposes to Update 3060-AL39 Equipment Authorization Rules to Incorporate New and Revised Industry Standards, (ET Docket No. 21-363). 284....................... Allocation of Spectrum for 3060-AL44 Non-Federal Space Launch Operations (ET Docket No. 13-115). 285....................... FCC Implements and 3060-AL77 Proposes Final Acts of the WRC-19 and WRC-15, ET Docket No. 21-120 & 21- 121, and RM-11785. ------------------------------------------------------------------------ Media Bureau--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 286....................... Revision of EEO Rules and 3060-AH95 Policies (MB Docket No. 98-204). 287....................... Establishment of Rules for 3060-AI38 Digital Low-Power Television, Television Translator, and Television Booster Stations (MB Docket No. 03-185). 288....................... Authorizing Permissive Use 3060-AK56 of the ``Next Generation'' Broadcast Television Standard (GN Docket No. 16-142). 289....................... 2018 Quadrennial 3060-AK77 Regulatory Review of the Commission's Broadcast Ownership Rules (MB Docket 18-349). 290....................... Equal Employment 3060-AK86 Opportunity Enforcement (MB Docket 19-177). 291....................... Duplication of Programming 3060-AL19 on Commonly Owned Radio Stations (MB Docket No. 19-310). 292....................... Sponsorship Identification 3060-AL20 Requirements for Foreign Government-Provided Programming (MB Docket No. 20-299). 293....................... FM Broadcast Booster 3060-AL21 Stations (MB Docket 20- 401). 294....................... Amendment of Part 73 Rules 3060-AL50 to Update Television and Class A Television Broadcast Station Rules, and Rules Applicable to All Broadcast Stations (MB Docket No. 22-227). 295....................... Implementation of the Low 3060-AL63 Power Protection Act, MB Docket No. 23-126. 296....................... Video Description, MB 3060-AL64 Docket No. 11-43. 297....................... 2022 Quadrennial Review of 3060-AL65 Media Ownership Rules, MB Docket No. 22-459. 298....................... Modifying Rules for FM 3060-AL70 Terrestrial Digital Audio Broadcasting Systems, MB Docket No. 22-405. 299....................... Customer Rebates for 3060-AL71 Undelivered Video Programming During Blackouts, MB Docket No 24-20. 300....................... Priority Application 3060-AL72 Review for Broadcast Stations That Provide Local Journalism or Other Locally Originated Programming, MB Docket No 24-14. 301....................... Cable Operator and DBS 3060-AL73 Provider Billing Practices, MB Docket No 23-405. 302....................... Reporting Requirements for 3060-AL74 Commercial Television Broadcast Station Blackouts, MB Docket No 23-427. 303....................... All-In Pricing for Cable 3060-AL75 and Satellite Television Service, MB Docket No 23- 203. ------------------------------------------------------------------------ Office of Managing Director--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 304....................... Assessment and Collection 3060-AK64 of Regulatory Fees. ------------------------------------------------------------------------ Office of International Affairs--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 305....................... Process Reform for 3060-AL12 Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership, IB Docket No. 16-155. [[Page 66914]] 306....................... Review of International 3060-AL76 Section 214 Authorizations to Assess Evolving National Security, Law Enforcement, Foreign Policy, and Trade Policy Risks, IB Docket No 23- 119, MD Docket No 23-134. ------------------------------------------------------------------------ Public Safety and Homeland Security Bureau--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 307....................... Wireless E911 Location 3060-AJ52 Accuracy Requirements: PS Docket No. 07-114. 308....................... Improving Outage Reporting 3060-AK39 for Submarine Cables and Enhancing Submarine Cable Outage Data; GN Docket No. 15-206. 309....................... Amendments to Part 4 of 3060-AK40 the Commission's Rules Concerning Disruptions to Communications: (PS Docket No. 15-80, 18-336, 23-5). 310....................... New Part 4 of the 3060-AK41 Commission's Rules Concerning Disruptions to Communications; ET Docket No. 04-35. 311....................... Wireless Emergency Alerts 3060-AK54 (WEA): PS Docket No. 15- 91, 15-94, 22-329. 312....................... 911 Fee Diversion 3060-AL31 Rulemaking: PS Docket Nos. 20-291, 09-14. 313....................... Resilient Networks, 3060-AL43 Amendments to Part 4 of the Commission's Rules Concerning Disruptions to Communications; PS Docket No 21-346. 314....................... Location-Based Routing for 3060-AL52 Wireless 911 Calls (P.S. Docket 18-64). 315....................... Next Generation 9-1-1, PS 3060-AL67 Docket No. 21-479, FCC 23- 47. ------------------------------------------------------------------------ Space Bureau--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 316....................... Update to Parts 2 and 25 3060-AK59 Concerning NonGeostationary, Fixed- Satellite Service Systems, and Related Matters: IB Docket No. I6- 408. 317....................... Amendment of Parts 2 and 3060-AK84 25 of the FCC Rules to Facilitate the Use of Earth Stations in Motion Communicating With Geostationary Orbit Space Stations in FSS Bands: IB Docket No. 17-95. 318....................... Facilitating the 3060-AK89 Communications of Earth Stations in Motion With Non-Geostationary Orbit Space Stations: IB Docket No. 18-315. 319....................... Space Innovation; 3060-AK90 Mitigation of Orbital Debris in the New Space Age: IB Docket Nos. 18- 313, 22-271. 320....................... Parts 2 and 25 to Enable 3060-AL28 GSO FSS in the 17.3-17.8 GHz Band, Modernize Rules for 17/24 GHz BSS Space Stations, and Establish Off-Axis Uplink Power Limits for Extended Ka- Band FSS (IB Doc. No. 20- 330). 321....................... Revising Spectrum Sharing 3060-AL41 Rules for Non- Geostationary Orbit, Fixed-Satellite Service Systems: IB Docket No. 21- 456. 322....................... Expediting Initial 3060-AL51 Processing of Satellite and Earth Station Applications; Space Innovation, IB Docket Nos. 22-411 and 22-271. 323....................... Amendment of Parts 2 and 3060-AL79 25 of the Commission's Rules to Enable NGSO Fixed-Satellite Service (Space-to-Earth) Operations in the 17.3- 17.8 GHz Band. ------------------------------------------------------------------------ Wireless Telecommunications Bureau--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 324....................... Amendment of Parts 1, 2, 3060-AJ87 22, 24, 27, 90, and 95 of the Commission's Rules to Improve Wireless Coverage Through the Use of Signal Boosters (WT Docket No. 10-4). 325....................... Promoting Technological 3060-AK06 Solutions to Combat Wireless Contraband Device Use in Correctional Facilities; GN Docket No. 13-111. 326....................... Promoting Investment in 3060-AK12 the 3550-3700 MHz Band; GN Docket No. 17-258. 327....................... Updating Part 1 3060-AK28 Competitive Bidding Rules (WT Docket No. 14-170). 328....................... Use of Spectrum Bands 3060-AK44 Above 24 GHz for Mobile Services--Spectrum Frontiers: WT Docket 10- 112. 329....................... Expanding Flexible Use of 3060-AK76 the 3.7 to 4.2 GHz Band: GN Docket No. 18-122. 330....................... Amendment of the 3060-AK92 Commission's Rules to Promote Aviation Safety: WT Docket No. 19-140. 331....................... Implementation of State 3060-AL29 and Local Governments' Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012 (WT Docket No.19-250). 332....................... Expanding Flexible Use of 3060-AL40 the 12.2-12.7 GHz Band, et al., WT Docket No. 20- 443, et al. 333....................... Facilitating Shared Use in 3060-AL57 the 3100-3550 MHz Band. 334....................... Shared Use of the 42-42.5 3060-AL68 GHz Band (WT Docket No. 23-158, GN Docket No. 14- 177). 335....................... Single Network Future: 3060-AL69 Supplemental Coverage from Space, GN Docket No. 23-65. 336....................... Modifying Emissions Limits 3060-AL80 for the 24.25-24.45 GHz and 24.75-25.25 GHz Bands (ET Docket No. 21-186). 337....................... Alaska Connect Fund Notice 3060-AL81 of Proposed Rulemaking. 338....................... Indian Peak Properties LLC 3060-AL82 Petitions for Declaratory Ruling Seeking Preemption Under The Rule Governing Over-the-Air Reception Devices. ------------------------------------------------------------------------ [[Page 66915]] Wireline Competition Bureau--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 339....................... Telecommunications 3060-AG43 Carriers' Use of Customer Proprietary Network Information and Other Customer Information (CC Docket No. 96-115), Data Breach Reporting Requirements (WC Docket No. 22-21). 340....................... Local Telephone Networks 3060-AH44 That LECs Must Make Available to Competitors. 341....................... Jurisdictional Separations 3060-AJ06 342....................... Rates for Inmate Calling 3060-AK08 Services; WC Docket No. 12-375; Incarcerated People's Communications Services; Implementation of the Martha Wright-Reed Act, WC Docket No. 23-62. 343....................... Comprehensive Review of 3060-AK20 the Part 32 Uniform System of Accounts (WC Docket No. 14-130). 344....................... Restoring Internet 3060-AK21 Freedom, WC Docket No. 17- 108; Protecting and Promoting the Open Internet, GN Docket No. 14-28; Safeguarding and Securing the Open Internet, WC Docket No. 23-320. 345....................... Technology Transitions; GN 3060-AK32 Docket No 13-5, WC Docket No. 05-25; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment; WC Docket No. 17-84. 346....................... Numbering Policies for 3060-AK36 Modern Communications, WC Docket No. 13-97. 347....................... Implementation of the 3060-AK57 Universal Service Portions of the 1996 Telecommunications Act. 348....................... Toll Free Assignment 3060-AK91 Modernization and Toll- Free Service Access Codes: WC Docket No. 17- 192, CC Docket No. 95-155. 349....................... Establishing the Digital 3060-AK93 Opportunity Data Collection; WC Docket Nos. 19-195 and 11-10. 350....................... Call Authentication Trust 3060-AL00 Anchor. 351....................... Implementation of the 3060-AL01 National Suicide Improvement Act of 2018, 988 Suicide Prevention Hotline (WC Docket 18- 336, PS Docket No. 23.5, PS Docket No. 15-80). 352....................... Modernizing Unbundling and 3060-AL02 Resale Requirements in an Era of Next-Generation Networks and Services. 353....................... Establishing a 5G Fund for 3060-AL15 Rural America; GN Docket No. 20-32. 354....................... Protecting Consumers From 3060-AL34 SIM Swap and Port-Out Fraud, WC Docket No. 21- 341. 355....................... Supporting Survivors of 3060-AL48 Domestic and Sexual Violence (WC Docket No. 22-238,11-42, 21-450). ------------------------------------------------------------------------ FEDERAL COMMUNICATIONS COMMISSION (FCC) Consumer and Governmental Affairs Bureau Long-Term Actions 262. Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991 (CG Docket No. 02-278) [3060-AI14] Legal Authority: 47 U.S.C. 227 Abstract: In this docket, the Commission considers rules and policies to implement the Telephone Consumer Protection Act of 1991 (TCPA). The TCPA places requirements on robocalls (calls using an automatic telephone dialing system, an autodialer, a prerecorded or, an artificial voice), telemarketing calls, and unsolicited fax advertisements. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/08/02 67 FR 62667 FNPRM............................... 04/03/03 68 FR 16250 Order............................... 07/25/03 68 FR 44144 Order Effective..................... 08/25/03 Order on Reconsideration............ 08/25/03 68 FR 50978 Order............................... 10/14/03 68 FR 59130 FNPRM............................... 03/31/04 69 FR 16873 Order............................... 10/08/04 69 FR 60311 Order............................... 10/28/04 69 FR 62816 Order on Reconsideration............ 04/13/05 70 FR 19330 Order............................... 06/30/05 70 FR 37705 NPRM................................ 12/19/05 70 FR 75102 Public Notice....................... 04/26/06 71 FR 24634 Order............................... 05/03/06 71 FR 25967 NPRM................................ 12/14/07 72 FR 71099 Declaratory Ruling.................. 02/01/08 73 FR 6041 R&O................................. 07/14/08 73 FR 40183 Order on Reconsideration............ 10/30/08 73 FR 64556 NPRM................................ 03/22/10 75 FR 13471 R&O................................. 06/11/12 77 FR 34233 Public Notice....................... 06/30/10 75 FR 34244 Public Notice (Reconsideration 10/03/12 77 FR 60343 Petitions Filed). Announcement of Effective Date...... 10/16/12 77 FR 63240 Opposition End Date................. 10/18/12 Rule Corrections.................... 11/08/12 77 FR 66935 Declaratory Ruling (release date)... 11/29/12 Declaratory Ruling (release date)... 05/09/13 Declaratory Ruling and Order........ 10/09/15 80 FR 61129 NPRM................................ 05/20/16 81 FR 31889 Declaratory Ruling.................. 07/05/16 R&O................................. 11/16/16 81 FR 80594 Public Notice....................... 06/28/18 83 FR 26284 Public Notice....................... 10/03/18 Declaratory Ruling.................. 12/06/19 Declaratory Ruling.................. 12/09/19 Order............................... 03/17/20 Declaratory Ruling.................. 03/20/20 Declaratory Ruling.................. 06/25/20 Declaratory Ruling and Order........ 06/25/20 Order on Reconsideration............ 08/28/20 Declaratory Ruling.................. 09/04/20 Declaratory Ruling.................. 09/21/20 NPRM................................ 10/09/20 85 FR 64091 Public Notice....................... 12/17/20 Declaratory Ruling.................. 12/18/20 Declaratory Ruling.................. 01/15/21 Order on Recon...................... 02/12/21 86 FR 9299 R&O................................. 02/25/21 86 FR 11443 Public Notice (Reconsideration 04/12/21 86 FR 18934 Petitions Filed). Declaratory Ruling and Order........ 12/14/22 87 FR 76425 Order on Reconsideration and 01/20/23 88 FR 3668 Declaratory Ruling. NPRM................................ 06/29/23 88 FR 42034 NPRM................................ 06/16/23 88 FR 20800 Report and Order.................... 12/18/23 88 FR 5098 FNPRM............................... 12/18/23 88 FR 5177 Report and Order.................... 03/05/24 89 FR 15756 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Kristi Thornton, Deputy Division Chief, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2467, Email: [email protected]. RIN: 3060-AI14 263. Rules and Regulations Implementing Section 225 of the Communications Act (Telecommunications Relay Service) (CG Docket No. 03-123) [3060-AI15] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 225 Abstract: This proceeding continues the Commission's inquiry into improving the quality of telecommunications relay service (TRS) and furthering the goal of functional equivalency, consistent with Congress' [[Page 66916]] mandate that TRS regulations encourage the use of existing technology and not discourage or impair the development of new technology. In this docket, the Commission explores ways to improve emergency preparedness for TRS facilities and services, new TRS technologies, public access to information and outreach, and issues related to payments from the Interstate TRS Fund. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/25/03 68 FR 50993 R&O, Order on Reconsideration....... 09/01/04 69 FR 53346 FNPRM............................... 09/01/04 69 FR 53382 Public Notice....................... 02/17/05 70 FR 8034 Declaratory Ruling/Interpretation... 02/25/05 70 FR 9239 Public Notice....................... 03/07/05 70 FR 10930 Order............................... 03/23/05 70 FR 14568 Public Notice/Announcement of Date.. 04/06/05 70 FR 17334 Order............................... 07/01/05 70 FR 38134 Order on Reconsideration............ 08/31/05 70 FR 51643 R&O................................. 08/31/05 70 FR 51649 Order............................... 09/14/05 70 FR 54294 Order............................... 09/14/05 70 FR 54298 Public Notice....................... 10/12/05 70 FR 59346 R&O/Order on Reconsideration........ 12/23/05 70 FR 76208 Order............................... 12/28/05 70 FR 76712 Order............................... 12/29/05 70 FR 77052 NPRM................................ 02/01/06 71 FR 5221 Declaratory Ruling/Clarification.... 05/31/06 71 FR 30818 FNPRM............................... 05/31/06 71 FR 30848 FNPRM............................... 06/01/06 71 FR 31131 Declaratory Ruling/Dismissal of 06/21/06 71 FR 35553 Petition. Clarification....................... 06/28/06 71 FR 36690 Declaratory Ruling on 07/06/06 71 FR 38268 Reconsideration. Order on Reconsideration............ 08/16/06 71 FR 47141 MO&O................................ 08/16/06 71 FR 47145 Clarification....................... 08/23/06 71 FR 49380 FNPRM............................... 09/13/06 71 FR 54009 Final Rule; Clarification........... 02/14/07 72 FR 6960 Order............................... 03/14/07 72 FR 11789 R&O................................. 08/06/07 72 FR 43546 Public Notice....................... 08/16/07 72 FR 46060 Order............................... 11/01/07 72 FR 61813 Public Notice....................... 01/04/08 73 FR 863 R&O/Declaratory Ruling.............. 01/17/08 73 FR 3197 Order............................... 02/19/08 73 FR 9031 Order............................... 04/21/08 73 FR 21347 R&O................................. 04/21/08 73 FR 21252 Order............................... 04/23/08 73 FR 21843 Public Notice....................... 04/30/08 73 FR 23361 Order............................... 05/15/08 73 FR 28057 Declaratory Ruling.................. 07/08/08 73 FR 38928 FNPRM............................... 07/18/08 73 FR 41307 R&O................................. 07/18/08 73 FR 41286 Public Notice....................... 08/01/08 73 FR 45006 Public Notice....................... 08/05/08 73 FR 45354 Public Notice....................... 10/10/08 73 FR 60172 Order............................... 10/23/08 73 FR 63078 2nd R&O and Order on Reconsideration 12/30/08 73 FR 79683 Order............................... 05/06/09 74 FR 20892 Public Notice....................... 05/07/09 74 FR 21364 NPRM................................ 05/21/09 74 FR 23815 Public Notice....................... 05/21/09 74 FR 23859 Public Notice....................... 06/12/09 74 FR 28046 Order............................... 07/29/09 74 FR 37624 Public Notice....................... 08/07/09 74 FR 39699 Order............................... 09/18/09 74 FR 47894 Order............................... 10/26/09 74 FR 54913 Public Notice....................... 05/12/10 75 FR 26701 Order Denying Stay Motion (Release 07/09/10 ....................... Date). Order............................... 08/13/10 75 FR 49491 Order............................... 09/03/10 75 FR 54040 NPRM................................ 11/02/10 75 FR 67333 NPRM................................ 05/02/11 76 FR 24442 Order............................... 07/25/11 76 FR 44326 Final Rule (Order).................. 09/27/11 76 FR 59551 Final Rule; Announcement of 11/22/11 76 FR 72124 Effective Date. Proposed Rule (Public Notice)....... 02/28/12 77 FR 11997 Proposed Rule (FNPRM)............... 02/01/12 77 FR 4948 First R&O........................... 07/25/12 77 FR 43538 Public Notice....................... 10/29/12 77 FR 65526 Order on Reconsideration............ 12/26/12 77 FR 75894 Order............................... 02/05/13 78 FR 8030 Order (Interim Rule)................ 02/05/13 78 FR 8032 NPRM................................ 02/05/13 78 FR 8090 Announcement of Effective Date...... 03/07/13 78 FR 14701 NPRM Comment Period End............. 03/13/13 ....................... FNPRM............................... 07/05/13 78 FR 40407 FNPRM Comment Period End............ 09/18/13 ....................... R&O................................. 07/05/13 78 FR 40582 R&O................................. 08/15/13 78 FR 49693 FNPRM............................... 08/15/13 78 FR 49717 FNPRM Comment Period End............ 09/30/13 ....................... R&O................................. 08/30/13 78 FR 53684 FNPRM............................... 09/03/13 78 FR 54201 NPRM................................ 10/23/13 78FR 63152 FNPRM Comment Period End............ 11/18/13 ....................... Petiton for Reconsideration; Request 12/16/13 78 FR 76096 for Comment. Petition for Reconsideration; 12/16/13 78 FR 76097 Request for Comment. Request for Clarification; Request 12/30/13 78 FR 79362 for Comment; Correction. Petition for Reconsideration Comment 01/10/14 ....................... Period End. NPRM Comment Period End............. 01/21/14 ....................... Announcement of Effective Date...... 07/11/14 79 FR 40003 Announcement of Effective Date...... 08/28/14 79 FR 51446 Correction--Announcement of 08/28/14 79 FR 51450 Effective Date. Technical Amendments................ 09/09/14 79 FR 53303 Public Notice....................... 09/15/14 79 FR 54979 R&O and Order....................... 10/21/14 79 FR 62875 FNPRM............................... 10/21/14 79 FR 62935 FNPRM Comment Period End............ 12/22/14 ....................... Final Action (Announcement of 10/30/14 79 FR 64515 Effective Date). Final Rule Effective................ 10/30/14 ....................... FNPRM............................... 11/08/15 80 FR 72029 FNPRM Comment Period End............ 01/01/16 ....................... Public Notice....................... 01/20/16 81 FR 3085 Public Notice Comment Period End.... 02/16/16 ....................... R&O................................. 03/21/16 81 FR 14984 FNPRM............................... 08/24/16 81 FR 57851 FNPRM Comment Period End............ 09/14/16 ....................... NOI and FNPRM....................... 04/12/17 82 FR 17613 NOI and FNPRM Comment Period End.... 05/30/17 ....................... R&O................................. 04/13/17 82 FR 17754 R&O................................. 04/27/17 82 FR 19322 FNPRM............................... 04/27/17 82 FR 19347 FNPRM Comment Period End............ 07/11/17 ....................... R&O................................. 06/23/17 82 FR 28566 Public Notice....................... 07/21/17 82 FR 33856 Public Notice--Correction........... 07/25/17 82 FR 34471 Public Notice Comment Period End.... 07/31/17 ....................... Public Notice--Correction Comment 08/17/17 ....................... Period End. R&O................................. 08/22/17 82 FR 39673 Announcement of Effective Date...... 10/17/17 82 FR 48203 Public Notice; Petition for 10/25/17 82 FR 49303 Reconsideration. Oppositions Due Date................ 11/20/17 ....................... R&O and Declaratory Ruling.......... 06/27/18 83 FR 30082 FNPRM............................... 07/18/18 83 FR 33899 FNPRM Comment Period End............ 11/15/18 ....................... Public Notice....................... 08/23/18 83 FR 42630 Public Notice Opposition Period End. 09/17/18 ....................... Announcement of Effective Date...... 02/04/19 84 FR 1409 R&O................................. 03/08/19 84 FR 8457 FNPRM............................... 03/14/19 84 FR 9276 [[Page 66917]] FNPRM Comment Period End............ 04/29/19 ....................... R&O................................. 06/06/19 84 FR 26364 FNPRM............................... 06/06/19 84 FR 26379 Petition for Recon Request for 06/18/19 84 FR 28264 Comment. Petition for Recon Comment Period 07/15/19 ....................... End. FNPRM Comment Period End............ 08/05/19 ....................... R&O................................. 01/06/20 85 FR 462 R&O................................. 01/09/20 85 FR 1125 NPRM................................ 01/09/20 85 FR 1134 NPRM Comment Period End............. 02/13/20 ....................... Announcement of Effective Date...... 02/19/20 85 FR 9392 Final Rule; removal of compliance 05/06/20 85 FR 26857 notices. Report & Order...................... 05/08/20 85 FR 27309 Final Rule; correction.............. 08/26/20 85 FR 52489 R&O and Order on Recon.............. 10/14/20 85 FR 64971 Final Rule; announcement of 10/23/20 85 FR 67447 effective and compliance dates. FNPRM............................... 02/01/21 86 FR 7681 FNPRM Comment Period End............ 04/02/21 ....................... Public Notice; Petition for 02/22/21 86 FR 10458 Reconsideration. Oppositions Due Date................ 03/19/21 ....................... R&O................................. 02/23/21 86 FR 10844 NPRM................................ 03/19/21 86 FR 14859 NPRM Comment Period End............. 05/03/21 ....................... NPRM................................ 06/04/21 86 FR 29969 NPRM Correction..................... 06/15/21 86 FR 31668 Order on Recon...................... 07/07/21 86 FR 35632 Public Notice....................... 07/15/21 86 FR 37328 NPRM Correction Comment Period End.. 07/30/21 ....................... Public Notice Comment Period End.... 08/09/21 ....................... Order on Recon; Correction.......... 10/05/21 86 FR 54871 NPRM................................ 10/05/21 86 FR 64440 NPRM Comment Period End............. 01/18/22 ....................... Report & Order...................... 07/18/22 87 FR 42656 Report & Order...................... 09/21/22 87 FR 57645 Report & Order...................... 11/25/22 87 FR 72409 NPRM................................ 12/08/22 87 FR 75199 NPRM Comment Period End............. 02/06/23 ....................... Public Notice....................... 01/31/23 88 FR 6220 Public Notice Opposition Period End. 02/27/23 ....................... NPRM................................ 02/02/23 88 FR 7049 NPRM Comment Period End............. 04/03/23 ....................... Order on Reconsideration............ 02/22/23 ....................... Final Rule; Announcement of 03/08/23 88 FR 14251 Effective Date. Report and Order.................... 08/01/23 88 FR 50053 NPRM................................ 08/07/23 88 FR 52088 NPRM Comment Period End............. 09/06/23 ....................... NPRM Reply Comment Period End....... 10/06/23 ....................... Report and Order.................... 10/19/23 88 FR 71994 Final Rule; Announcement of 12/21/23 88 FR 88257 Effective Date. Correction; Technical Amendments.... 02/08/24 89 FR 8549 NPRM................................ 03/14/24 89 FR 18589 NPRM Comment Period End............. 04/15/24 NPRM Reply Comment Period End....... 04/29/24 Report and Order.................... 03/21/24 89 FR 20125 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michael Scott, Deputy Chief, Disability Rights Office, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1264, Email: [email protected]. Eliot Greenwald, Deputy Chief, Disability Rights Office, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2235, Email: [email protected]. RIN: 3060-AI15 264. Structure and Practices of the Video Relay Service (VRS) Program (CG Docket No. 10-51) [3060-AJ42] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 225; 47 U.S.C. 303(r) Abstract: The Commission takes a fresh look at its VRS rules to ensure that it is available to and used by the full spectrum of eligible users, encourages innovation, and is provided efficiently to be less susceptible to the waste, fraud, and abuse that have plagued the program and threatened its long-term viability. The Commission also considers the most effective and efficient way to make VRS available and to determine what is the most fair, efficient, and transparent cost-recovery methodology. In addition, the Commission looks at various ways to measure the quality of VRS so as to ensure a better consumer experience. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Declaratory Ruling.................. 05/07/10 75 FR 25255 Declaratory Ruling.................. 07/13/10 75 FR 39945 Order............................... 07/13/10 75 FR 39859 Notice of Inquiry................... 07/19/10 75 FR 41863 NPRM................................ 08/23/10 75 FR 51735 Interim Final Rule.................. 02/15/11 76 FR 8659 Public Notice....................... 03/02/11 76 R 11462 R&O................................. 05/02/11 76 FR 24393 FNPRM............................... 05/02/11 76 FR 24437 NPRM................................ 05/02/11 76 FR 24442 R&O (Correction).................... 05/27/11 76 FR 30841 Order............................... 07/25/11 76 FR 44326 2nd R&O............................. 08/05/11 76 FR 47469 Order (Interim Final Rule).......... 08/05/11 76 FR 47476 Final Rule; Announcement of 09/26/11 76 FR 59269 Effective Date. Final Rule; Petition for 09/27/11 76 FR 59557 Reconsideration; Public Notice. Oppositions Due Date................ 10/07/11 Final Rule; Clarification (MO&O).... 10/31/11 76 FR 67070 FNPRM............................... 10/31/11 76 FR 67118 Interim Final Rule; Announcement of 11/03/11 76 FR 68116 Effective Date. Final Rule; Announcement of 11/04/11 76 FR 68328 Effective Date. Final Rule; Announcement of 11/07/11 76 FR 68642 Effective Date. FNPRM Comment Period End............ 12/30/11 FNPRM............................... 02/01/12 77 FR 4948 FNPRM Comment Period End............ 03/19/12 Final Rule; Correction.............. 03/27/12 77 FR 18106 Correcting Amendments............... 06/07/12 77 FR 33662 Order (Release Date)................ 07/25/12 Correcting Amendments............... 10/04/12 77 FR 60630 Public Notice....................... 10/29/12 77 FR 65526 Comment Period End.................. 11/29/12 FNPRM............................... 07/05/13 78 FR 40407 R&O................................. 07/05/13 78 FR 40582 FNPRM Comment Period End............ 09/18/13 Public Notice....................... 09/11/13 78 FR 55696 Public Notice....................... 09/15/14 79 FR 54979 Comment Period End.................. 10/10/14 Final Action (Announcement of 10/30/14 79 FR 64515 Effective Date). Final Rule Effective................ 10/30/14 FNPRM............................... 11/18/15 80 FR 72029 FNPRM Comment Period End............ 02/01/16 R&O................................. 03/21/16 81 FR 14984 FNPRM............................... 08/24/16 81 FR 57851 FNPRM Comment Period End............ 09/14/16 NOI and FNPRM....................... 04/12/17 82 FR 17613 [[Page 66918]] NOI and FNPRM Comment Period End.... 05/30/17 R&O................................. 04/13/17 82 FR 17754 R&O................................. 04/27/17 82 FR 19322 FNPRM............................... 04/27/17 82 FR 19347 FNPRM Comment Period End............ 07/01/17 Order............................... 06/23/17 82 FR 28566 Public Notice....................... 07/21/17 82 FR 33856 Public Notice Comment Period End.... 07/31/17 Public Notice Correction............ 07/25/17 82 FR 34471 Public Notice Correction Comment 08/17/17 Period End. R&O and Order....................... 08/22/17 82 FR 39673 Announcement of Effective Date...... 10/17/17 82 FR 48203 Public Notice; Petition for 10/25/17 82 FR 49303 Reconsideration. Oppositions Due Date................ 11/20/17 R&O................................. 06/06/19 84 FR 26364 FNPRM............................... 06/06/19 84 FR 26379 FNPRM Comment Period End............ 08/05/19 Report & Order...................... 05/08/20 85 FR 27309 R&O and Order on Recon.............. 10/14/20 85 FR 64971 Final rule; announcement of 10/23/20 85 FR 67447 effective and compliance dates. FNPRM............................... 02/01/21 86 FR 7681 FNPRM Comment Period End............ 04/02/21 Public Notice; Petition for 02/22/21 86 FR 10458 Reconsideration. Oppositions Due Date................ 03/19/21 NPRM................................ 03/19/21 86 FR 14859 NPRM Comment Period End............. 05/03/21 NPRM................................ 06/04/21 86 FR 29969 NPRM Correction..................... 06/15/21 86 FR 31668 NPRM Correction Comment Period End.. 07/30/21 Order on Recon...................... 07/07/21 86 FR 35632 Order on Recon; Correction.......... 10/05/21 86 FR 54871 Report & Order...................... 09/21/22 87 FR 57645 Report & Order...................... 11/25/22 87 FR 72409 NPRM................................ 12/08/22 87 FR 75199 NPRM Comment Period End............. 02/06/23 Public Notice....................... 01/31/23 88 FR 6220 Public Notice Opposition Period End. 02/27/23 Final Rule; Announcement of 03/08/23 88 FR 14251 Effective Date. Public Notice....................... 04/25/23 88 FR 24986 Public Notice Comment Period End.... 05/09/23 Public Notice Reply Comment Period 05/19/23 End. Report and Order.................... 10/19/23 88 FR 71994 Final Rule Effective................ 12/21/23 88 FR 88257 Correction; Technical Amendments.... 02/08/24 89 FR 8549 NPRM................................ 03/14/24 89 FR 18589 NPRM Comment Period End............. 04/15/24 NPRM Reply Comment Period End....... 04/29/24 Report and Order.................... 03/21/24 89 FR 20125 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Eliot Greenwald, Deputy Chief, Disability Rights Office, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2235, Email: [email protected]. RIN: 3060-AJ42 265. Implementation of the Middle-Class Tax Relief and Job Creation Act of 2012/Establishment of a Public Safety Answering Point Do-Not-Call Registry (CG Docket No. 12-129) [3060-AJ84] Legal Authority: Pub. L. 112-96, sec. 6507 Abstract: The Middle Class Tax Relief and Job Creation Act of 2012 required the Commission to create a Do-Not-Call Registry for public safety answering point (PSAP) telephone numbers and to prohibit the use of automated dialing equipment to place calls to PSAP numbers on the Registry. In this docket, the Commission adopted rules and policies implementing these statutory requirements. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/21/12 77 FR 37362 R&O................................. 10/29/12 77 FR 71131 Correction Amendments............... 02/13/13 78 FR 10099 Announcement of Effective Date...... 03/26/13 78 FR 18246 FNPRM............................... 11/01/21 86 FR 60189 FNPRM Comment Period End............ 12/01/21 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Richard D. Smith, Special Counsel, Consumer Policy Division, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 717 338-2797, Fax: 717 338-2574, Email: [email protected]. RIN: 3060-AJ84 266. Implementation of Sections 716 and 717 of the Communications Act of 1934, as Enacted by the Twenty-First Century Communications and Video Accessibility Act of 2010 (CG Docket No. 10-213) [3060-AK00] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 255; 47 U.S.C. 617 to 619 Abstract: These proceedings implement sections 716, 717, and 718 of the Communications Act, which were added by the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), related to the accessibility of advanced communications services and equipment (section 716), recordkeeping and enforcement requirements for entities subject to sections 255, 716, and 718 (section 717), and accessibility of internet browsers built into mobile phones (section 718). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/14/11 76 FR 13800 NPRM Comment Period Extended........ 04/12/11 76 FR 20297 NPRM Comment Period End............. 05/13/11 FNPRM............................... 12/30/11 76 FR 82240 R&O................................. 12/30/11 76 FR 82354 FNPRM Comment Period End............ 03/14/12 Announcement of Effective Date...... 04/25/12 77 FR 24632 2nd R&O............................. 05/22/13 78 FR 30226 R&O on Remand, Declaratory Ruling, 04/13/15 80 FR 19738 and Order. Public Notice....................... 05/19/22 87 FR 30442 Public Notice Comment Period End.... 07/18/22 Report and Order.................... 08/01/23 88 FR 50053 NPRM................................ 08/07/23 88 FR 52088 NPRM Comment Period End............. 09/06/23 NPRM Reply Comment Period End....... 10/06/23 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ike Ofobike, Attorney Advisor, Consumer & Governmental Affairs Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, [[Page 66919]] Phone: 202 418-1028, Email: [email protected]. Darryl Cooper, Attorney, Disability Rights Office, CGB, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7131, Email: [email protected]. RIN: 3060-AK00 267. Misuse of Internet Protocol (IP) Captioned Telephone Service; Telecommunications Relay Services and Speech-to-Speech Services; CG Docket No. 13-24 [3060-AK01] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 225 Abstract: The Federal Communications Commission (FCC) initiated this proceeding in its effort to ensure that internet-Protocol Captioned Telephone Service (IP CTS) is provided effectively and in the most efficient manner. In doing so, the FCC adopted rules to address certain practices related to the provision and marketing of IP CTS, as well as compensation of TRS providers. IP CTS is a form of relay service designed to allow people with hearing loss to speak directly to another party on a telephone call and to simultaneously listen to the other party and read captions of what that party is saying over an IP- enabled device. To ensure that IP CTS is provided efficiently to persons who need to use this service, the Commission adopted rules establishing several requirements and issued an FNPRM to address additional issues. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/05/13 78 FR 8090 Order (Interim Rule)................ 02/05/13 78 FR 8032 Order............................... 02/05/13 78 FR 8030 Announcement of Effective Date...... 03/07/13 78 FR 14701 NPRM Comment Period End............. 03/12/13 R&O................................. 08/30/13 78 FR 53684 FNPRM............................... 09/03/13 78 FR 54201 FNPRM Comment Period End............ 11/18/13 Petition for Reconsideration Request 12/16/13 78 FR 76097 for Comment. Petition for Reconsideration Comment 01/10/14 Period End. Announcement of Effective Date...... 07/11/14 79 FR 40003 Announcement of Effective Date...... 08/28/14 79 FR 51446 Correction--Announcement of 08/28/14 79 FR 51450 Effective Date. Technical Amendments................ 09/09/14 79 FR 53303 R&O and Declaratory Ruling.......... 06/27/18 83 FR 30082 FNPRM............................... 07/18/18 83 FR 33899 Public Notice....................... 08/23/18 83 FR 42630 Public Notice Opposition Period End. 09/17/18 FNPRM Comment Period End............ 11/15/18 Announcement of Effective Date...... 02/04/19 84 FR 1409 R&O................................. 03/08/19 84 FR 8457 FNPRM............................... 03/14/19 84 FR 9276 FNPRM Comment Period End............ 04/29/19 Petition for Recon Request for 06/18/19 84 FR 28264 Comment. Petition for Recon Comment Period 07/15/19 End. R&O................................. 01/06/20 85 FR 462 Announcement of Effective Date...... 02/19/20 85 FR 9392 Final Rule; Removal of Compliance 05/06/20 85 FR 26857 Notes. Final Rule; correction.............. 08/26/20 85 FR 52489 R&O and Order on Recon.............. 10/14/20 85 FR 64971 FNPRM............................... 02/01/21 86 FR 7681 Public Notice; Petition for 02/22/21 86 FR 10458 Reconsideration. NPRM................................ 03/19/21 86 FR 14859 Oppositions Due Date................ 03/19/21 FNPRM Comment Period End............ 04/02/21 NPRM Comment Period End............. 05/03/21 Public Notice....................... 07/15/21 86 FR 37328 Public Notice Comment Period End.... 08/09/21 Report & Order...................... 09/21/22 87 FR 57645 NPRM................................ 12/08/22 87 FR 75199 NPRM Comment Period End............. 02/06/23 Public Notice....................... 01/31/23 88 FR 6220 Public Notice Opposition Period End. 02/27/23 NPRM................................ 02/02/23 88 FR 7049 NPRM Comment Period End............. 04/03/23 Order on Reconsideration............ 02/22/23 88 FR 10853 Final Rule; Announcement of 03/08/23 88 FR 14251 Effective Date. Final Rule; Announcement of 12/21/23 88 FR 88257 Effective Date. Correction; Technical Amendments.... 02/08/24 89 FR 8549 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michael Scott, Deputy Chief, Disability Rights Office, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1264, Email: [email protected]. Eliot Greenwald, Deputy Chief, Disability Rights Office, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2235, Email: [email protected]. RIN: 3060-AK01 268. Advanced Methods To Target and Eliminate Unlawful Robocalls (CG Docket No. 17-59) [3060-AK62] Legal Authority: 47 U.S.C. 201 and 202; 47 U.S.C. 227; 47 U.S.C. 251(e) Abstract: The Telephone Consumer Protection Act of 1991 restricts the use of robocalls autodialed or prerecorded calls in certain instances. In CG Docket No. 17-59, the Commission considers rules and policies aimed at eliminating unlawful robocalling. Among the issues it examines in this docket are whether to allow carriers to block calls that purport to be from unallocated or unassigned phone numbers through the use of spoofing, whether to allow carriers to block calls based on their own analyses of which calls are likely to be unlawful and whether to establish a database of reassigned phone numbers to help prevent robocalls to consumers, who did not consent to such calls. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM/NOI............................ 05/17/17 82 FR 22625 2nd NOI............................. 07/13/17 NPRM Comment Period End............. 07/31/17 FNPRM............................... 01/08/18 83 FR 770 R&O................................. 01/12/18 83 FR 1566 2nd FNPRM........................... 04/23/18 83 FR 17631 2nd FNPRM Comment Period End........ 06/07/18 2nd FNPRM Reply Comment Period End.. 07/09/18 2nd R&O............................. 03/26/19 84 FR 11226 3rd FNPRM........................... 06/24/19 84 FR 29478 Declaratory Ruling.................. 06/24/19 84 FR 29387 Public Notice Seeking Input on 12/30/19 Report. Public Notice Seeking Comment on 01/24/20 Reassigned Numbers. Public Notice Seeking Comment on RND 02/26/20 Cost/Fee Structure. [[Page 66920]] Public Notice Establishing 04/16/20 Guidelines for RND. Report.............................. 06/25/20 3rd NPRM Comment Date............... 06/26/20 Announcement of Compliance Dates.... 06/26/20 85 FR 38334 3rd R&O, Order of Reconsideration, 07/31/20 85 FR 46063 4th FNPRM. 4th R&O (release date).............. 12/30/20 Public Notice....................... 02/08/21 86 FR 8558 Public Notice....................... 04/13/21 Public Notice....................... 06/15/21 Public Notice....................... 10/01/21 86 FR 61077 5th FNPRM........................... 10/26/21 86 FR 59084 Public Notice....................... 12/29/21 Order on Reconsideration, 6th FNPRM, 12/30/21 86 FR 74399 Waiver Order. Public Notice....................... 02/08/22 87 FR 7044 Seventh Further Notice of Proposed 05/19/22 87 FR 42670 Rulemaking. Sixth Report and Order.............. 05/19/22 87 FR 42916 Public Notice....................... 08/24/22 87 FR 51920 Public Notice....................... 11/18/22 87 FR 69206 Seventh Report and Order (Proposed 05/19/23 88 FR 43489 Rule). Eighth Further Notice, and Third 05/19/23 88 FR 43446 Notice of Inquiry (Final Rule). ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jerusha Burnett, Attorney Advisor, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0526, Email: [email protected]. RIN: 3060-AK62 269. Empowering Broadband Consumers Through Transparency (CG Docket No. 22-2) [3060-AL33] Legal Authority: Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429, 60504(a) (2021) Abstract: In this docket, the Commission adopted rules requiring broadband internet access service providers (ISPs) to display, at the point of sale, labels to disclose to consumers certain information about prices, introductory rates or promotions, data allowances, broadband speeds, and management practices, among other things. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/07/22 87 FR 6827 NPRM Comment Period End............. 03/09/22 NPRM Reply Comment Period End....... 03/24/22 Report & Order and FNPRM............ 12/16/22 87 FR 77048 FNPRM Comment Period Extended....... 01/04/23 FNPRM Comment Period End............ 03/16/23 Petition for Reconsideration........ 01/31/23 88 FR 6219 Petition for Reconsideration Comment 02/27/23 Period End. Order............................... 08/07/23 88 FR 52043 Order of Reconsideration............ 09/18/23 88 FR 63853 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Zac Champ, Deputy Division Chief, Consumer & Governmental Affairs Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1495, Email: [email protected]. Erica McMahon, Attorney Advisor, Federal Communications Commission, Consumer and Governmental Affairs Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0346, Email: [email protected]. RIN: 3060-AL33 270. Targeting and Eliminating Unlawful Text Messages, CG Docket 21- 403, Notice of Proposed Rulemaking [3060-AL49] Legal Authority: 47 U.S.C. 154(i), 227(e), 251(e), 303 Abstract: In this docket, the Commission considers rules and policies concerning the ability for mobile wireless service providers to block illegal text messages. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 09/27/22 87 FR 61271 Report & Order...................... 03/17/23 88 FR 21497 FNPRM............................... 03/17/23 88 FR 20800 NPRM................................ 01/26/24 89 FR 5177 Final Rule; Announcement of 01/26/24 89 FR 5098 Effective Date. Final Rule; Announcement of 03/01/24 89 FR 15061 Effective Date. ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Mika Savir, Attorney, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0384, Email: [email protected]. RIN: 3060-AL49 271. Misuse of Internet Protocol (IP) Relay Service; CG Docket No. 12- 38 [3060-AL58] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 152 and 154; 47 U.S.C. 225; 47 U.S.C. 616 Abstract: Title IV of the Americans with Disabilities Act requires the Federal Communications Commission to ensure the availability of telecommunications relay services. IP Relay is a form of TRS that permits an individual with a hearing or a speech disability to communicate in text using an Internet Protocol-enabled device via the internet. In CG Docket No. 12-38, the Commission considers rules and policy for the provision of IP Relay, including the process for registering users for IP CTS and the methodology for determining TRS Fund support. The Commission takes these steps to ensure the provision of IP Relay in a functionally equivalent manner to persons who are deaf, hard of hearing, deaf blind or have speech disabilities. In doing so, the Commission balances several different factors including regulating the recovery of costs caused by the service, encouraging the use of existing technology and not discouraging or impairing the development of improved technology, and ensuring IP Relay is available, to the extent possible and in the most efficient manner. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Public Notice....................... 02/08/12 77 FR 11997 Public Notice Comment Period End.... 03/20/12 Final Rule.......................... 07/25/12 77 FR 43538 Final Rule Effective................ 07/25/12 NPRM................................ 03/19/21 86 FR 14859 NPRM Comment Period End............. 05/03/21 Final Rule.......................... 11/25/22 87 FR 72409 [[Page 66921]] Final Rule Effective................ 12/27/22 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michael Scott, Deputy Chief, Disability Rights Office, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1264, Email: [email protected]. RIN: 3060-AL58 272. Compensation for Internet Protocol Captioned Telephone Service, (CG Docket No. 22-408) [3060-AL59] Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 225 Abstract: Title IV of the Americans with Disabilities Act requires the Federal Communications Commission to ensure the availability of telecommunications relay. Internet Protocol Captioned Telephone Services (IP CTS) is a form of relay service designed to allow people with hearing loss to speak directly to another party on a telephone call and to simultaneously listen to the other party and read captions of what that party is saying over an IP-enabled device. In CG Docket No. 22-408, the Commission considers rules and policy for the adoption of a compensation methodology and compensation levels for Telecommunications Relay Services (TRS) Fund support of providers of IP CTS.The Commission takes these steps to ensure the provision of IP CTS in a functionally equivalent manner to persons who are deaf, hard of hearing, deaf, blind or have speech disabilities. In doing so, the Commission balances several different factors including regulating the recovery of costs caused by the service, encouraging the use of existing technology and not discouraging or impairing the development of improved technology, and ensuring IP CTS is available, to the extent possible and in the most efficient manner. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/02/23 88 FR 7049 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michael Scott, Deputy Chief, Disability Rights Office, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1264, Email: [email protected]. RIN: 3060-AL59 273. Access to Video Conferencing, (CG Docket No. 23-161) [3060-AL66] Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 225 ; 47 U.S.C. 617 Abstract: Section 716 of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) (47 U.S.C. 617) requires the Federal Communications Commission to ensure the accessibility and usability of advanced communications services (ACS), including interoperable video conferencing services (IVCS), for individual with disabilities, unless such requirements are not achievable. IVCS is defined by the CVAA as a service that provides real-time video communications, including audio, to enable users to share information of the user's choosing.'' In CG Docket No. 23-161, the Commission considers rules and policies for the adoption of usability and accessibility requirements for IVCS and the integration of IVCS with telecommunications relay services (TRS). The Commission takes these steps to ensure that IVCS are accessible to and usable by persons with disabilities and that users of TRS are able to participate in video conferencing services in a functionally equivalent manner to persons without hearing and speech disabilities. In doing so, the Commission balances several different factors including regulating IVCS, encouraging the use of advanced technology, not discouraging or impairing the development of improved technology, and ensuring IVCS are accessible to and usable by persons with disabilities. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Report and Order.................... 08/01/23 88 FR 50053 NPRM................................ 08/07/23 88 FR 52088 NPRM Comment Period End............. 09/06/23 NPRM Reply Comment Period End....... 10/06/23 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ike Ofobike, Attorney Advisor, Consumer & Governmental Affairs Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1028, Email: [email protected]. RIN: 3060-AL66 FEDERAL COMMUNICATIONS COMMISSION (FCC) Economics Long-Term Actions 274. Development of Nationwide Broadband Data To Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans [3060-AJ15] Legal Authority: 15 U.S.C. 251; 47 U.S.C. 252; 47 U.S.C. 257; 47 U.S.C. 271; 47 U.S.C. 1302; 47 U.S.C. 160(b); 47 U.S.C. 161(a)(2) Abstract: The 09/09/2022 Order ended the collection of broadband deployment data through Form 477. Broadband and voice subscribership data will continue to be submitted through Form 477. Beginning with data as of December 31, 2022, and beyond, Form 477 subscribership data is submitted in the Broadband Data Collection (BDC) filing system. The Form 477 filing system remains open for filers to submit and make corrections to filings through June 30, 2022. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/16/07 72 FR 27519 Order............................... 07/02/08 73 FR 37861 Order............................... 10/15/08 73 FR 60997 NPRM................................ 02/08/11 76 FR 10827 Order............................... 06/27/13 78 FR 49126 NPRM................................ 08/24/17 82 FR 40118 NPRM Comment Period End............. 09/25/17 NPRM Reply Comment Period End....... 10/10/17 R&O and FNPRM....................... 08/22/19 84 FR 43764 Order............................... 12/16/22 87 FR 76949 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Suzanne Mendez, Associate Division Chief, OEA, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0941, Email: [email protected]. RIN: 3060-AJ15 275. Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions (GN Docket No. 12-268) [3060-AJ82] Legal Authority: 47 U.S.C. 309(j)(8)(G); 47 U.S.C. 1452 [[Page 66922]] Abstract: In February 2012, the Middle-Class Tax Relief and Job Creation Act was enacted (Pub. L. 112-96, 126 Stat. 156 (2012)). Title VI of that statute, commonly known as the Spectrum Act, provides the Commission with the authority to conduct incentive auctions to meet the growing demand for wireless broadband. Pursuant to the Spectrum Act, the Commission may conduct incentive auctions that will offer new initial spectrum licenses subject to flexible-use service rules on spectrum made available by licensees that voluntarily relinquish some or all of their spectrum usage rights in exchange for a portion, based on the value of the relinquished rights as determined by an auction, of the proceeds of bidding for the new licenses. In addition to granting the Commission general authority to conduct incentive auctions, the Spectrum Act requires the Commission to conduct an incentive auction of broadcast TV spectrum and sets forth special requirements for such an auction. The Spectrum Act requires that the BIA consist of a reverse auction ``to determine the amount of compensation that each broadcast television licensee would accept in return for voluntarily relinquishing some or all of its spectrum usage rights'' and a forward auction of licenses in the reallocated spectrum for flexible-use services, including mobile broadband. Broadcast television licensees who elected to voluntarily participate in the auction had three bidding options: go off-the-air, share spectrum with another broadcast television licensee, or move channels to the upper or lower VHS band in exchange for receiving part of the proceeds from auctioning that spectrum to wireless providers. The Spectrum Act also authorized the Commission to reorganize the 600 MHz band following the BIA including, as necessary, reassigning full power and Class A television stations to new channels in order to clear the spectrum sold in the BIA. That post- auction reorganization (known as the repack) is currently underway and all of the stations who were assigned new channels are scheduled to have vacated their pre-auction channels by July 3, 2020, pursuant to a 10-phase transition schedule adopted by the Commission. In May 2014, the Commission adopted a Report and Order that laid out the general framework for the BIA. The auction started on March 29, 2016, with the submission of initial commitments by eligible broadcast licensees. The BIA ended on April 13, 2017, with the release of the Auction Closing and Channel Reassignment Public Notice that also marked the start of the 39-month transition period during which 987 of the full power and Class A television stations remaining on-the-air will transition their stations to their post-auction channel assignments in the reorganized television band. Pursuant to the Spectrum Act, the Commission will reimburse 957 of those full power and Class A stations for the reasonable costs associated with relocating to their post- auction channel assignments and will reimburse multichannel video programming distributors for their costs associated with continuing to carry the signals of those stations. In March 2018, the Consolidated Appropriations Act (Pub. L. 115- 141, at Div. E, Title V, 511, 132 Stat. 348 (2018), codified at 47 U.S.C. 1452(j)-(n)) (the Reimbursement Expansion Act or REA), extended the deadline for reimbursement of eligible entities from April 2020 to no later than July 3, 2023, and also expanded the universe of entities eligible for reimbursement to include low-power television stations and TV translator stations displaced by the BIA for their reasonably incurred costs to relocate to a new channel, and FM broadcast stations for their reasonably incurred costs for facilities necessary to reasonably minimize disruption of service as a result of the post- auction reorganization of the television band. On March 15, 2019, the Commission adopted a Report and Order setting rules for the reimbursement of eligible costs to those newly eligible entities. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/21/12 77 FR 69933 R&O................................. 08/15/14 79 FR 48441 Final Rule.......................... 10/11/17 82 FR 47155 NPRM................................ 08/27/18 83 FR 43613 R&O................................. 03/26/19 84 FR 11233 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jean L. Kiddoo, Chair, Broadband Data Task Force, OEA, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7757, Email: [email protected]. RIN: 3060-AJ82 276. Broadband Data Collection [3060-AL42] Legal Authority: 47 U.S.C. 151 to 154; 47 U.S.C. 157; 47 U.S.C. 201; 47 U.S.C. 254; 47 U.S.C. 301; 47 U.S.C. 303; 47 U.S.C. 309; 47 U.S.C. 319; 47 U.S.C. 332; 47 U.S.C. 641 to 646 Abstract: The Commission has long recognized that precise, granular data on the availability of fixed and mobile broadband are vital to bringing digital opportunity to all Americans, no matter where they live, work, or travel. On March 23, 2020, the Broadband Deployment Accuracy and Technological Availability Act (Broadband DATA Act) was signed into law requiring the Commission to create a new set of broadband availability maps. Among other things, the Broadband DATA Act requires the Commission to collect standardized, granular data on the availability and quality of both fixed and mobile broadband internet access services, to create a common dataset of all locations where fixed broadband internet access service can be installed (the Broadband Serviceable Location Fabric or Fabric), and to create publicly available coverage maps. The Act further requires the Commission to establish processes for members of the public and other entities to (1) provide verified data for use in the coverage maps; (2) challenge the coverage maps, the broadband availability data submitted by broadband internet access service providers (providers), and the Fabric; and (3) submit specific crowdsource information about the development and availability of broadband service. In July 2020, implementing the Broadband DATA Act and building off of an August 2019 Report and Order and Notice of Proposed Rulemaking, the Commission adopted a Second Report and Order and Third Further Notice of Proposed Rulemaking that adopted rules for the collection and verification of improved, more precise data on both fixed broadband availability. In January 2021, the Commission released a Third Report and Order that established new requirements for the BDC and took additional steps to implement the Broadband DATA Act. The rules to specify which fixed and mobile providers are required to report broadband availability data and expanded the reporting and certification requirements for filing data in the BDC. It also adopted standards for collecting verified broadband data from state, local, and Tribal governmental entities and certain third parties, and for identifying locations that would be included in the Fabric. Importantly, in the Third Report and Order, the Commission also established processes for verifying the accuracy of provider-submitted data and the Fabric, including challenge processes which invite input from the public and other stakeholders in order to improve the accuracy of the maps. [[Page 66923]] Implementing the Broadband DATA Act and these new rules, the Commission created a new data platform and system to collect and map availability data collected from over 2,500 providers and for consumers and other stakeholders to submit challenges to that data; established the Fabric dataset of locations upon which to overlay provider availability data; and established a dedicated help center to provide technical assistance to providers, consumers, and other stakeholders. In July 2021, the Wireless Telecommunications Bureau (WTB), Office of Economics and Analytics (OEA), and Office of Engineering and Technology (OET) released a Public Notice seeking comment on the technical requirements for the mobile challenge, verification, and crowdsourcing processes required under the Broadband DATA Act for the new Broadband Data Collection (BDC). In March 2022, the Broadband Data Task Force (Task Force), WTB, OEA, and OET released a detailed order, technical appendix, rules, and technical data specifications setting forth technical requirements and specifications for the mobile challenge, verification, and crowdsource processes required by the Act. To help facilitate the mobile challenge process, in April 2022, the Task Force and OET issued a Public Notice announcing the technical requirements and procedures for approving third-party mobile speed test procedures for use in collecting and submitting mobile network performance data as part of the BDC. To assist entities that choose to file mobile challenges in bulk, in September 2022 the Task Force and WTB established a process for entities to use their own software and hardware to collect on-the-ground mobile speed test data for use in the BDC mobile challenge process. Also in April 2022, the Task Force, WCB, WTB, OEA, and OET released a Public Notice providing details on the procedures for state, local, and Tribal governmental entities to submit verified availability data through the BDC system. To clarify the Commission's rules for filing data in the BDC, in July 2022, WCB, WTB, OEA, and the Taskforce issued a Declaratory Ruling on certain aspects of a rule regarding the engineering certification in BDC filings and issued a limited waiver of the requirement that providers have an engineer certification their biannual BDC filings for the first three filing cycles of the BDC. On June 15, 2022, the FCC Enforcement Bureau issued an Enforcement Advisory reminding all facilities-based providers of their duty to timely file complete and accurate data in the BDC by September 1, 2022. In February 2022, the Commission announced that the initial filing window of the BDC would open on June 30, 2022, and that availability data as of June 30 were due no later than September 1, 2022. In September 2022, the Commission announced that as of September 12, 2022, state, local, and Tribal governments, service providers, and other entities may begin to file bulk challenges to location data in the Fabric. In November 2022, the Commission released a pre-production draft of its new National Broadband Map displaying version 1 of the Fabric overlayed with provider reported availability data as of June 30, 2022. The new map was the most comprehensive, granular, and standardized data the Commission had ever published on broadband availability. With the launch of the pre-production draft map, the Commission began accepting challenges to provider reported availability data, as well as individual consumer challenges to the location data in the Fabric. To date, the mapping team has reviewed and processed more than 4 million availability challenges. Most of those challenges have already been resolved and the majority have led to updates in the data on the map showing where broadband is available. The Commission adopted an Order in December 2022, to sunset the Form 477 broadband deployment data collection and eliminate a largely duplicative requirement on providers. As a result, providers will no longer be required to submit Form 477 broadband deployment data, but must still submit broadband and voice subscription data using the FCC Form 477. To further streamline the FCC's data collection efforts the BDC system allows filers to submit both their BDC data and 477 subscription data as a combined filing using a single interface. The Commission has long recognized that precise, granular data on the availability of fixed and mobile broadband are vital to bringing digital opportunity to all Americans, no matter where they live, work, or travel. On March 23, 2020, the Broadband Deployment Accuracy and Technological Availability Act (Broadband DATA Act) was signed into law requiring the Commission to create a new set of broadband availability maps. Among other things, the Broadband DATA Act requires the Commission to collect standardized, granular data on the availability and quality of both fixed and mobile broadband internet access services, to create a common dataset of all locations where fixed broadband internet access service can be installed (the Broadband Serviceable Location Fabric or Fabric), and to create publicly available coverage maps. The Act further requires the Commission to establish processes for members of the public and other entities to (1) provide verified data for use in the coverage maps; (2) challenge the coverage maps, the broadband availability data submitted by broadband internet access service providers (providers), and the Fabric; and (3) submit specific crowdsource information about the development and availability of broadband service. In July 2020, implementing the Broadband DATA Act and building off of an August 2019 Report and Order and Notice of Proposed Rulemaking, the Commission adopted a Second Report and Order and Third Further Notice of Proposed Rulemaking that adopted rules for the collection and verification of improved, more precise data on both fixed and mobile broadband availability. In January 2021, the Commission released a Third Report and Order that established new requirements for the BDC and took additional steps to implement the Broadband DATA Act. The Commission adopted rules to specify which fixed and mobile providers are required to report broadband availability data and expanded the reporting and certification requirements for filing data in the BDC. It also adopted standards for collecting verified broadband data from state, local, and Tribal governmental entities and certain third parties, and for identifying locations that would be included in the Fabric. Importantly, in the Third Report and Order, the Commission also established processes for verifying the accuracy of provider-submitted data and the Fabric, including challenge processes which invite input from the public and other stakeholders in order to improve the accuracy of the maps. Implementing the Broadband DATA Act and these new rules, the Commission created a new data platform and system to collect and map availability data collected from over 2,500 providers and for consumers and other stakeholders to submit challenges to that data; established the Fabric dataset of locations upon which to overlay provider availability data; and established a dedicated help center to provide technical assistance to [[Page 66924]] providers, consumers and other stakeholders. In July 2021, the Wireless Telecommunications Bureau (WTB), Office of Economics and Analytics (OEA), and Office of Engineering and Technology (OET) released a Public Notice seeking comment on the technical requirements for the mobile challenge, verification, and crowdsourcing processes required under the Broadband DATA Act for the new Broadband Data Collection (BDC). In March 2022, the Broadband Data Task Force (Task Force), WTB, OEA, and OET released a detailed order, technical appendix, rules, and technical data specifications setting forth technical requirements and specifications for the mobile challenge, verification, and crowdsource processes required by the Act. To help facilitate the mobile challenge process, in April 2022, the Task Force and OET issued a Public Notice announcing the technical requirements and procedures for approving third-party mobile speed test procedures for use in collecting and submitting mobile network performance data as part of the BDC. To assist entities that choose to file mobile challenges in bulk, in September 2022 the Task Force and WTB established a process for entities to use their own software and hardware to collect on-the-ground mobile speed test data for use in the BDC mobile challenge process. Also in April 2022, the Task Force, WCB, WTB, OEA, and OET released a Public Notice providing details on the procedures for state, local, and Tribal governmental entities to submit verified availability data through the BDC system. To clarify the Commission's rules for filing data in the BDC, in July 2022, WCB, WTB, OEA, and the Taskforce issued a Declaratory Ruling on certain aspects of a rule regarding the engineering certification in BDC filings and issued a limited waiver of the requirement that providers have an engineer certification their biannual BDC filings for the first three filing cycles of the BDC. On June 15, 2022, the FCC Enforcement Bureau issued an Enforcement Advisory reminding all facilities-based providers of their duty to timely file complete and accurate data in the BDC by September 1, 2022. In February 2022, the Commission announced that the initial filing window of the BDC would open on June 30, 2022, and that availability data as of June 30 were due no later than September 1, 2022. In September 2022, the Commission announced that as of September 12, 2022, state, local, and Tribal governments, service providers, and other entities may begin to file bulk challenges to location data in the Fabric. In November 2022, the Commission released a pre-production draft of its new National Broadband Map displaying version 1 of the Fabric overlayed with provider reported availability data as of June 30, 2022. The new map was the most comprehensive, granular, and standardized data the Commission had ever published on broadband availability. With the launch of the pre-production draft map, the Commission began accepting challenges to provider reported availability data, as well as individual consumer challenges to the location data in the Fabric. To date, the mapping team has reviewed and processed more than 4 million availability challenges. Most of those challenges have already been resolved and the majority have led to updates in the data on the map showing where broadband is available. The Commission adopted an Order in December 2022, to sunset the Form 477 broadband deployment data collection and eliminate a largely duplicative requirement on providers. As a result, providers will no longer be required to submit Form 477 broadband deployment data, but must still submit broadband and voice subscription data using the FCC Form 477. To further streamline the FCC's data collection efforts the BDC system allows filers to submit both their BDC data and 477 subscription data as a combined filing using a single interface. The second version of the Fabric was made available to providers and other stakeholders in December 2022. This updated Fabric contained a net increase of more than one million new serviceable locations, as compared to the initial version. It also reflected the outcome of over 1 million location challenges. The second filing window of the BDC opened on January 3, 2023, and required all fixed and mobile providers to submit broadband availability data as of December 31, 2022, no later than March 1, 2023. On May 30, 2023, the National Broadband Map was updated to reflect availability data as of December 31, 2022, and version 2 of the Fabric. On July 3, 2023, the Commission announced the opening of the third filing window for broadband availability data as of June 30, 2023. The BDC will continue to collect updated availability data from providers every 6 months. Updates to the National Broadband Map will be iterative and ongoing. The challenge processes will also continue on an ongoing basis in order to allow the public to provide input and help improve the accuracy of the National Broadband Map. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/03/17 82 FR 40118 NPRM Comment Period End............. 09/25/17 ....................... Report & Order...................... 08/01/19 84 FR 43705 Second Further Notice of Proposed 08/01/19 84 FR 43764 Rulemaking. Second Further NPRM Comment Period 10/07/19 ....................... End. 2nd R&O............................. 07/16/20 85 FR 50886 3rd FNPRM........................... 07/16/20 85 FR 50911 3rd R&O............................. 01/13/21 86 FR 18124 Public Notice....................... 07/16/21 86 FR 40398 Public Notice Comment Period End.... 09/27/21 ....................... Order............................... 03/09/22 87 FR 21476 Order............................... 12/16/22 87 FR 76949 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jean L. Kiddoo, Chair, Broadband Data Task Force, OEA, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7757, Email: [email protected]. Eduard Bartholme, Senior Outreach Director, Broadband Data Task Force, OEA, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1463, Email: [email protected]. Kimia Nikseresht, Legal Advisor, Broadband Data Task Force, OEA, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1636, Email: [email protected]. RIN: 3060-AL42 FEDERAL COMMUNICATIONS COMMISSION (FCC) Office of Engineering and Technology Long-Term Actions 277. Unlicensed Operation in the TV Broadcast Bands (ET Docket No. 04- 186) [3060-AI52] Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 302; 47 U.S.C. 303(e) and 303(f); 47 U.S.C. 303(r); 47 U.S.C. 307 Abstract: The Commission adopted rules to allow unlicensed radio transmitters to operate in the broadcast [[Page 66925]] television spectrum at locations where that spectrum is not being used by licensed services. (This unused TV spectrum is often termed ``white spaces.'') This action will make a significant amount of spectrum available for new and innovative products and services, including broadband data and other services for businesses and consumers. The actions taken are a conservative first step that includes many safeguards to prevent harmful interference to incumbent communications services. Moreover, the Commission will closely oversee the development and introduction of these devices to the market and will take whatever actions may be necessary to avoid and, if necessary, correct any interference that may occur. The Second Memorandum Opinion and Order finalizes rules to make the unused spectrum in the TV bands available for unlicensed broadband wireless devices. This particular spectrum has excellent propagation characteristics that allow signals to reach farther and penetrate walls and other structures. Access to this spectrum could enable more powerful public internet connections--super Wi-Fi hot spots--with extended range, fewer dead spots, and improved individual speeds as a result of reduced congestion on existing networks. This type of ``opportunistic use'' of spectrum has great potential for enabling access to other spectrum bands and improving spectrum efficiency. The Commission's actions here are expected to spur investment and innovation in applications and devices that will be used not only in the TV band, but eventually in other frequency bands as well. This Order addressed five petitions for reconsideration of the Commission's decisions in the Second Memorandum Opinion and Order (``Second MO&O'') in these proceeding and modified rules in certain respects. In particular, the Commission: (1) increased the maximum height above average terrain (HAAT) for sites where fixed devices may operate; (2) modified the adjacent channel emission limits to specify fixed rather than relative levels; and (3) slightly increased the maximum permissible power spectral density (PSD) for each category of TV bands device. These changes will result in decreased operating costs for fixed TVBDs and allow them to provide greater coverage, thus increasing the availability of wireless broadband services in rural and underserved areas without increasing the risk of interference to incumbent services. The Commission also revised and amended several of its rules to better effectuate the Commission's earlier decisions in this docket and to remove ambiguities. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/18/04 69 FR 34103 First R&O........................... 11/17/06 71 FR 66876 FNPRM............................... 11/17/06 71 FR 66897 R&O and MO&O........................ 02/17/09 74 FR 7314 Petitions for Reconsideration....... 04/13/09 74 FR 16870 Second MO&O......................... 12/06/10 75 FR 75814 Petitions for Reconsideration....... 02/09/11 76 FR 7208 2 Order on Reconsideration, FNPRM, 05/17/12 77 FR 29236 and Order. FNPRM--Proposed Rule................ 06/01/22 87 FR 33109 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Hugh Van Tuyl, Electronics Engineer, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7506, Fax: 202 418-1944, Email: [email protected]. RIN: 3060-AI52 278. Use of the 5.850-5.925 GHz Band; (ET Docket No. 19-138), FCC 19- 129 [3060-AK96] Legal Authority: 47 U.S.C. 1; 47 U.S.C. 4(i); 47 U.S.C. 301; 47 U.S.C. 302; 47 U.S.C. 303; 47 U.S.C. 316; 47 U.S.C. 332; 47 CFR 1.411 Abstract: In this proceeding, we repurpose 45 megahertz of the 5.850-5.925 GHz band (the 5.9 GHz band) to allow for the expansion of unlicensed mid-band spectrum operations, while continuing to dedicate 30 megahertz of spectrum for vital intelligent transportation system (ITS) operations. In addition, to promote the most efficient and effective use of this ITS spectrum, we are requiring the ITS service to use cellular vehicle-to-everything (C-V2X) based technology at the end of a transition period. By splitting the 5.9 GHz band between unlicensed and ITS uses, today's decision puts the 5.9 GHz band in the best position to serve the needs of the American public. In the Further Notice, the Commission addresses issues remaining to finalize the restructuring of the 5.9 GHz band. Specifically, the Commission addresses: The transition of ITS operations in the 5.895- 5.925 GHz band from Dedicated Short Range Communications (DSRC) based technology to Cellular Vehicle-to-Everything (C-V2X) based technology; the codification of C-V2X technical parameters in the Commission's rules; other transition considerations; and the transmitter power and emissions limits, and other issues, related to full-power outdoor unlicensed operations across the entire 5.850-5.895 GHz portion of the 5.9 GHz band. The Commission modified the Further Notice released on November 20, 2020, with an Erratum released on December 11, 2020. The Commission released a Second Erratum on February 9, 2021. The corrections from these errata are included in this document. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/06/20 85 FR 6841 NPRM Comment Period End............. 03/09/20 ....................... FNPRM............................... 05/03/21 86 FR 23323 R&O & Order of Proposed Modification 05/03/21 86 FR 23281 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Howard Griboff, Attorney Advisor, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0657, Fax: 202 418-2824, Email: [email protected]. RIN: 3060-AK96 279. Unlicensed White Space Device Operations in the Television Bands, ET Docket No. 20-36 [3060-AL22] Legal Authority: 47 U.S.C.154(i); 47 U.S.C. 201; 47 U.S.C. 302a; 47 U.S.C. 303; 47 U.S.C. 1.407 and 1.411 Abstract: In this proceeding, the Commission revises its rules to provide additional opportunities for unlicensed white space devices operating in the broadcast television bands (TV bands) to deliver wireless broadband services in rural areas and applications associated with the Internet of Things (IoT). This region of the spectrum has excellent propagation characteristics that make it particularly attractive for delivering communications services over long distances, coping with variations in terrain, as well as providing coverage into and within buildings. We offer several proposals to spur continued growth of the white space device ecosystem, especially for providing affordable broadband service to rural and underserved communities that can help close the digital divide. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/03/20 85 FR 18901 [[Page 66926]] NPRM Comment Period End............. 04/03/20 ....................... Report & Order...................... 01/12/21 86 FR 2278 R&O--Final Rule..................... 01/12/21 86 FR 2278 FNPRM--Proposed Rule................ 02/25/21 86 FR 11490 2nd Order on Recon, FNPRM, and Order 06/01/22 87 FR 33109 Order of Reconsideration, R&O, MO&O-- 05/22/23 88 FR 32682 Final Rule. ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Hugh Van Tuyl, Electronics Engineer, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7506, Fax: 202 418-1944, Email: [email protected]. RIN: 3060-AL22 280. Protecting Against National Security Threats to the Communications Supply Chain Through the Equipment Authorization and Competitive Bidding Programs; ET Docket No. 21-232, EA Docket No. 21-233 [3060- AL23] Legal Authority: secs. 4(i), 301, 302, 303, 309(j), 312, and 316 of the Communications Act of 1934, as amended, 47 U.S.C. secs. 154(i), 301, 302a, 303, 309(j), 312, 316, and sec. 1.411 Abstract: In this proceeding, the Commission proposes prohibiting the authorization of any communications equipment on the list of equipment and services (Covered List) that the Commission maintains pursuant to the Secure and Trusted Communications Networks Act of 2019. Such equipment has been found to pose an unacceptable risk to the national security of the United States or the security and safety of United States persons. We also seek comment on whether and under what circumstances we should revoke any existing authorizations of such covered communications equipment. We invite comment on whether we should require additional certifications relating to national security from applicants who wish to participate in Commission auctions. In the Notice of Inquiry, we seek comment on other actions the Commission should consider taking to create incentives in its equipment authorization processes for improved trust through the adoption of cybersecurity best practices in consumer devices. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM and NOI........................ 08/19/21 86 FR 46644 NPRM Comment Period End............. 09/20/21 ....................... Report & Order and FNPRM............ 11/25/22 ....................... FNPRM--Proposed Rule................ 03/08/23 88 FR 14312 Report & Order--Final Rule.......... 02/06/23 88 FR 7592 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jamie Coleman, Attorney Advisor, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2705, Email: [email protected]. RIN: 3060-AL23 281. Wireless Microphones in the TV Bands (ET Docket No. 21-115), 600 MHz Guard Band, 600 MHz Duplex Gap, and the 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-959.85 MHz, 1435-1525 MHz [3060-AL27] Legal Authority: 47 U.S.C. secs. 154(i), 201, 302a, 303, and secs. 1.407 and 1.411 Abstract: In this proceeding, the Commission seeks to enhance the spectral efficiency of wireless microphones by permitting a recently developed type of wireless microphone system, termed herein as a Wireless Multi-Channel Audio System (WMAS), to operate in certain frequency bands. This emerging technology would enable more wireless microphones to operate in the spectrum available for wireless microphone operations, and thus advances an important Commission goal of promoting efficient spectrum use. The Commission proposes to revise the applicable technical rules for operation of low-power auxiliary station (LPAS) devices to permit WMAS to operate in the broadcast television (TV) bands and other LPAS frequency bands on a licensed basis. The Commission also proposes to update the existing LPAS and wireless microphone rules to reflect the end of the post-Incentive auction transition period and update references to international wireless microphone standards. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/01/21 86 FR 35046 NPRM Comment Period End............. 08/02/21 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Hugh Van Tuyl, Electronics Engineer, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7506, Fax: 202 418-1944, Email: [email protected]. RIN: 3060-AL27 282. FCC Seeks To Enable State-of-the-Art Radar Sensors in 60 GHz Band (ET Docket No. 21-264) [3060-AL36] Legal Authority: 47 U.S.C. 154(i), 201, 302a, 303, and secs. 1.407 and 1.411 Abstract: In this preceding, the Commission proposes to revise the Commission's rules to provide expanded operational flexibility to unlicensed field disturbance sensor (FDS) devices (e.g., radars) that operate in the 57-64 GHz band (60 GHz band). The Commission's proposal recognizes the increasing practicality of using mobile radar devices in the 60 GHz band to perform innovative and life-saving functions, including gesture control, detection of unattended children in vehicles, and monitoring of vulnerable medical patients, and it is designed to stimulate the development of new products and services in a wide variety of areas to include, for example, personal safety, autonomous vehicles, home automation, environmental control, and healthcare monitoring, while also ensuring coexistence among unlicensed FDS devices and current and future unlicensed communications devices in the 60 GHz band. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/19/21 86 FR 46661 NPRM Comment Period End............. 10/18/21 Report and Order--Final Rule........ 07/24/23 88 FR 47384 2nd Report and Order--Final Rule.... 08/23/23 88 FR 47384 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Anh Wride, Electronics Engineer, Federal Communications Commission, 445 12th Street SW, Washington, DC 20554, [[Page 66927]] Phone: 202 418-0577, Fax: 202 418-1944, Email: [email protected]. Thomas Struble, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2470, Email: [email protected]. RIN: 3060-AL36 283. FCC Proposes To Update Equipment Authorization Rules To Incorporate New and Revised Industry Standards, (ET Docket No. 21-363) [3060-AL39] Legal Authority: 47 U.S.C. 154(i), 301, 302a, 303, and secs. 1.407 and 1.411 Abstract: We propose targeted updates to our rules to incorporate four new and updated standards that are integral to the testing of equipment and accreditation of laboratories that test RF devices. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/17/22 87 FR 15180 NPRM Comment Period End............. 04/16/22 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brian Butler, Engineer, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2702, Email: [email protected]. RIN: 3060-AL39 284. Allocation of Spectrum for Non-Federal Space Launch Operations (ET Docket No. 13-115) [3060-AL44] Legal Authority: 47 U.S.C. 151, 152, 154(i), 155(c), 301, 303(c), 303(f), and 303(r) Abstract: In this proceeding, the Federal Communications Commission (Commission) takes steps towards establishing a spectrum allocation and licensing framework that will provide regulatory certainty and improved efficiency and that will promote innovation and investment in the United States commercial space launch industry. In the Further Notice of Proposed Rulemaking, the Commission seeks comment on the definition of space launch operations, the potential allocation of spectrum for the commercial space launch industry, including the 420-430 MHz, 2025- 2110 MHz, and 5650-5925 MHz bands. In addition, the Commission seeks comment on establishing service rules, including licensing and technical rules and coordination procedures, for the use of spectrum for commercial space launch operations. Finally, the Commission seeks to refresh the record on potential ways to facilitate Federal use of commercial satellite services in what are currently non-Federal satellite bands and enable more robust federal use of the 399.9-400.05 MHz band. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM and NOI........................ 07/01/13 78 FR 39200 FNPRM--Proposed Rule................ 06/10/21 86 FR 30860 Report & Order--Final Rule.......... 06/28/21 86 FR 33902 Order on Recon., R&O, MO&O, and 06/21/23 88 FR 32682 Final Rule. ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Nicholas Oros, Supervisory Attorney Advisor, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0636, Email: [email protected]. RIN: 3060-AL44 285. FCC Implements and Proposes Final Acts of the WRC-19 and WRC-15, ET Docket No. 21-120 & 21-121, and RM-11785 [3060-AL77] Legal Authority: Part 2--47 U.S.C. 154; 47 U.S.C. 302a and 303; 47 U.S.C. 336 Abstract: In this document, the Federal Communications Commission (Commission) makes non-substantive, editorial revisions to the Commission's Table of Frequency Allocations (Allocation Table), primarily to reflect decisions from the Final Acts of the World Radiocommunication Conference 2019 (WRC19 Final Acts). The purpose of this administrative action is to revise the Allocation Table by updating the International Table of Frequency Allocations (International Table) portion of the Allocation Table to reflect the International Telecommunication Union's (ITU's) Table of Frequency Allocations in its Radio Regulations (Edition of 2020) (Radio Regulations), and by making updates and corrections in the United States Table of Frequency Allocations (U.S. Table) portion of the Allocation Table. The Commission also proposes implementation of certain allocation decisions from the Final Acts of the World Radiocommunication Conference 2015 (WRC15 Final Acts) concerning portions of the radio spectrum between 5330.5 kHz and 29.5 GHz, other spectrum allocation changes, and related updates to the Commission's service rules. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 09/29/23 88 FR 67160 NPRM Comment Period End............. 12/28/23 88 FR 73810 Final Action........................ 09/28/23 88 FR 67514 Final Action Effective.............. 10/30/23 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Patrick Forster, Electronics Engineer, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7061, Email: [email protected]. RIN: 3060-AL77 FEDERAL COMMUNICATIONS COMMISSION (FCC) Media Bureau Long-Term Actions 286. Revision of EEO Rules and Policies (MB Docket No. 98-204) [3060- AH95] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 257; 47 U.S.C. 301; 47 U.S.C. 303; 47 U.S.C. 307 to 309; 47 U.S.C. 334; 47 U.S.C. 403; 47 U.S.C. 554 Abstract: FCC authority to govern Equal Employment Opportunity (EEO) responsibilities of cable television operators was codified in the Cable Communications Policy Act of 1984. This authority was extended to television broadcast licensees and other multi-channel video programming distributors (MVPDs) in the Cable and Television Consumer Protection Act of 1992. In the Second Report and Order, the FCC adopted new EEO rules and policies. This action was in response to a decision of the U.S. Court of Appeals for the District of Columbia Circuit that found prior EEO rules unconstitutional. In 2004, the Third Report and Order adopted revised forms for broadcast station and MVPD Annual Employment Reports. The Fourth Report and Order reinstated the collection of workforce composition data for television and radio broadcasters. The Second Further Notice of Proposed Rulemaking sought to refresh the record on the collection of workforce composition data for MVPDs. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/14/02 67 FR 1704 [[Page 66928]] Second R&O and Third NPRM........... 01/07/03 68 FR 670 Correction.......................... 01/13/03 68 FR 1657 Fourth NPRM......................... 06/23/04 69 FR 34986 Third R&O........................... 06/23/04 69 FR 34950 FNPRM............................... 08/31/21 86 FR 48610 FNPRM Comment Period End............ 09/30/21 Fourth Report and Order, Order of 02/22/24 Recon., and 2nd FNPRM. ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Radhika Karmarkar, Chief, Industry Analysis Division, Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1523, Email: [email protected]. RIN: 3060-AH95 287. Establishment of Rules for Digital Low-Power Television, Television Translator, and Television Booster Stations (MB Docket No. 03-185) [3060-AI38] Legal Authority: 47 U.S.C. 309; 47 U.S.C. 336 Abstract: This proceeding initiated the digital television conversion for low-power television (LPTV) and television translator stations. The rules and policies adopted as a result of this proceeding provide the framework for these stations' conversion from analog to digital broadcasting. The revised rules reflect an effort to simplify, streamline, and modernize existing rules and procedures that will enable stations to comply with licensing requirements more easily through familiar and low-cost measures. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 09/26/03 68 FR 55566 NPRM Comment Period End............. 11/25/03 R&O................................. 11/29/04 69 FR 69325 FNPRM and MO&O...................... 10/18/10 75 FR 63766 2nd R&O............................. 07/07/11 76 FR 44821 3rd NPRM............................ 11/28/14 79 FR 70824 NPRM Comment Period End............. 12/29/14 NPRM Reply Comment Period End....... 01/12/15 3rd R&O............................. 02/01/16 81 FR 5041 4th NPRM............................ 02/01/16 81 FR 5086 Comment Period End.................. 02/22/16 NPRM................................ 12/23/19 84 FR 70489 5th NPRM............................ 06/17/22 87 FR 36440 Report and Order.................... 05/12/23 88 FR 30654 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Shaun Maher, Attorney, Video Division, Federal Communications Commission, Media Bureau, 45 L. Street NE, Washington, DC 20554, Phone: 202 418-2324, Fax: 202 418-2827, Email: [email protected]. RIN: 3060-AI38 288. Authorizing Permissive Use of the ``Next Generation'' Broadcast Television Standard (GN Docket No. 16-142) [3060-AK56] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 157; 47 U.S.C. 301; 47 U.S.C. 303; 47 U.S.C. 307 to 309; 47 U.S.C. 316; 47 U.S.C. 319; 47 U.S.C. 325(b); 47 U.S.C. 336; 47 U.S.C. 399(b); 47 U.S.C. 403; 47 U.S.C. 534; 47 U.S.C. 535 Abstract: In this proceeding, the Commission seeks to authorize television broadcasters to use the ``Next Generation'' ATSC 3.0 broadcast television transmission standard on a voluntary, market- driven basis, while they continue to deliver current-generation digital television broadcast service to their viewers. In the Report and Order, the Commission adopted rules to afford broadcasters flexibility to deploy ATSC 3.0-based transmissions, while minimizing the impact on, and costs to, consumers and other industry stakeholders. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/10/17 82 FR 13285 NPRM Comment Period End............. 05/09/17 FNPRM............................... 12/20/17 82 FR 60350 R&O................................. 02/02/18 83 FR 4998 FNPRM Comment Period End............ 02/20/18 FNPRM Reply Comment Period End...... 03/20/18 NPRM................................ 05/13/20 85 FR 28586 2nd R&O Order on Recon.............. 07/17/20 85 FR 43478 Report & Order...................... 04/22/21 86 FR 21217 FNPRM............................... 12/13/21 86 FR 70793 FNPRM Comment Period End............ 02/11/22 3rd FNPRM........................... 07/07/22 87 FR 40464 3rd R&O............................. 07/17/23 88 FR 45347 4th FNPRM........................... 07/17/23 88 FR 45378 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ty Bream, Attorney Advisor, Industry Analysis Div., Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0644, Email: [email protected]. RIN: 3060-AK56 289. 2018 Quadrennial Regulatory Review of the Commission's Broadcast Ownership Rules (MB Docket 18-349) [3060-AK77] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 152(a); 47 U.S.C. 154(i); 47 U.S.C. 257; 47 U.S.C. 303; 47 U.S.C. 307; 47 U.S.C. 309 and 310; 47 U.S.C. 403; sec. 202(h) of the Telecommunications Act Abstract: Section 202(h) of the Telecommunications Act of 1996 requires the Commission to review its broadcast ownership rules every 4 years and to determine whether any such rules are necessary in the public interest as the result of competition. The rules subject to review in the 2018 quadrennial review are the Local Radio Ownership Rule, the Local Television Ownership Rule, and the Dual Network Rule. Based on a careful review of the record, the Commission found that the existing rules, with some minor modifications, remain necessary in the public interest. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/28/19 84 FR 6741 Report and Order.................... 02/15/24 89 FR 12196 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Radhika Karmarkar, Chief, Industry Analysis Division, Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1523, Email: [email protected]. RIN: 3060-AK77 290. Equal Employment Opportunity Enforcement (MB Docket 19-177) [3060- AK86] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 154(j); 47 U.S.C. 334; 47 U.S.C. 554 Abstract: In this proceeding, the Commission seeks comment on ways in which it can make improvements to equal employment opportunity (EEO) compliance and enforcement. Timetable: [[Page 66929]] ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/22/19 84 FR 35063 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Radhika Karmarkar, Chief, IAD, Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1523, Email: [email protected]. RIN: 3060-AK86 291. Duplication of Programming on Commonly Owned Radio Stations (MB Docket No. 19-310) [3060-AL19] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) and 154(j) and 303(r); 47 U.S.C. 303(r) Abstract: In this proceeding, the Commission eliminated the radio duplication rule. The rule bars same-service (AM or FM) commercial radio stations from duplicating more than 25% of their total hours of programming in an average broadcast week if the stations have 50% or more contours overlap and are commonly owned or subject to a time brokerage agreement. Petitions for reconsideration are pending. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/23/19 84 FR 70485 Report & Order...................... 10/22/20 85 FR 67303 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Radhika Karmarkar, Chief, Industry Analysis Division, Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1523, Email: [email protected]. RIN: 3060-AL19 292. Sponsorship Identification Requirements for Foreign Government- Provided Programming (MB Docket No. 20-299) [3060-AL20] Legal Authority: 47 U.S.C. 151 and 154; 47 U.S.C. 155; 47 U.S.C. 301 and 303; 47 U.S.C. 307 and 309 ; 47 U.S.C. 310; 47 U.S.C. 334; 47 U.S.C. 336 and 339 Abstract: In this proceeding, the Commission modifies its rules to require specific disclosure requirements for broadcast programming that is paid for, or provided by a foreign government or its representative. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/24/20 85 FR 74955 R&O................................. 06/17/21 86 FR 32221 Second NPRM......................... 11/17/22 87 FR 68960 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Radhika Karmarkar, Chief, IAD, Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1523, Email: [email protected]. RIN: 3060-AL20 293. FM Broadcast Booster Stations (MB Docket No. 20-401) [3060-AL21] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154 and 157; 47 U.S.C. 301 to 303; 47 U.S.C. 307 to 309; 47 U.S.C. 316 and 319; 47 U.S.C. 324 Abstract: In this proceeding, the Commission seeks comment on a proposal to amend its rules to enable FM broadcasters to use FM booster stations to air geo-targeted content (e.g., news, weather, and advertisements) independent of the signals of its primary station within different portions of the primary station's protected service contour for a limited period of time during the broadcast hour. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/11/21 86 FR 1909 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Al Shuldiner, Division Chief, Audio Div., Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2700, Email: [email protected]. RIN: 3060-AL21 294. Amendment of Part 73 Rules To Update Television and Class A Television Broadcast Station Rules, and Rules Applicable to All Broadcast Stations (MB Docket No. 22-227) [3060-AL50] Legal Authority: 47 U.S.C. 151 and 154; 47 U.S.C. 301 and 303; 47 U.S.C. 307 to 308; 47 U.S.C. 309 to 310; 47 U.S.C. 316 and 319; 47 U.S.C. 336 Abstract: In this proceeding, the Commission seeks to adopt revisions to rules in part 0, part 27, subparts E, H, I, J, and L of part 73, and certain parts of parts 74 and 90 in light of the fact that all television services have ceased analog operations. The Commission proposes to amend section headings and language in rules to remove references to DTV, digital, and analog television service, as these distinctions are no longer necessary. The Commission also propose to delete outdated rules that are no longer valid given changes in Commission-adopted policy. The Commission also proposes other non- substantive, technical revisions. The Commission also proposes to update rules to reference the current designation for form numbers (e.g., FCC Form 2100) and by requiring electronic filing in the Commission's Licensing and Management System. The Commission also propose to make corrections or updates, inter alia, to section headings, spelling, contact information, and rule cross-references, or to language inadvertently omitted from a rule. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/09/23 88 FR 8636 Report and Order.................... 02/01/24 89 FR 7224 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Emily Harrison, Attorney Advisor, Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1665, Email: [email protected]. Joyce Bernstein, Attorney Advisor, Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1647, Email: [email protected]. RIN: 3060-AL50 295. Implementation of the Low Power Protection Act, MB Docket No. 23- 126 [3060-AL63] Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 154(i) and 154(j); 47 U.S.C. 303; 47 U.S.C. 307 and 309; 47 U.S.C. 311 and 336(f) Abstract: In this proceeding, the Commission seeks to implement the Low Power Protection Act (LPPA) consistent with Congressional direction. The LPPA provides certain low power television stations with an opportunity to apply for primary spectrum use status as Class A television stations. In the Report and Order, the Commission established the Class A eligibility requirements and the process for submitting applications. Timetable: [[Page 66930]] ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/14/23 88 FR 2980 Report and Order.................... 01/10/24 89 FR 1466 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Kim Matthews, Attorney, Policy Division, Federal Communications Commission, Media Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2154, Fax: 202 418-2053, Email: [email protected]. RIN: 3060-AL63 296. Video Description, MB Docket No. 11-43 [3060-AL64] Legal Authority: 47 U.S.C. 613 Abstract: In this proceeding, the Commission seeks to expand audio description requirements to additional market areas. The proposed expansion would help ensure that a greater number of individuals who are blind or visually impaired can be connected, informed, and entertained by television programming. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/29/23 88 FR 18505 Report and Order.................... 10/27/23 88 FR 73758 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Diana Sokolow, Attorney, Policy Division, Federal Communications Commission, Media Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2120, Email: [email protected]. RIN: 3060-AL64 297. 2022 Quadrennial Review of Media Ownership Rules, MB Docket No. 22-459 [3060-AL65] Legal Authority: 202(h) of the Telecommunications Act of 1996 Abstract: Section 202(h) of the Telecommunications Act of 1996 requires the Commission to review its media ownership rules every four years to determine whether they remain necessary in the public interest as the result of competition. This proceeding will examine the media ownership rules in light of the media landscape of 2022 and beyond. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Public Notice....................... 01/17/23 88 FR 2595 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ty Bream, Attorney Advisor, Industry Analysis Div., Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0644, Email: [email protected]. RIN: 3060-AL65 298. Modifying Rules for FM Terrestrial Digital Audio Broadcasting Systems, MB Docket No. 22-405 [3060-AL70] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) and 154(j); 47 U.S.C. 301 and 302(a) Abstract: In this proceeding, the Commission proposes changes to the digital audio broadcasting technical rules that would permit additional FM stations to increase FM hybrid digital effective radiated power beyond the existing levels without the need for individual Commission authorization. In addition, the Commission propose to allow a digital FM station to operate with asymmetric power on the digital sidebands. These rule changes are intended to improve digital FM signal quality and minimize the effect of the digital FM station signal on adjacent channel FM transmissions. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/22/23 88 FR 57033 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Al Shuldiner, Division Chief, Audio Div., Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2700, Email: [email protected]. RIN: 3060-AL70 299. Customer Rebates for Undelivered Video Programming During Blackouts, MB Docket No. 24-20 [3060-AL71] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) and 154(j); 47 U.S.C. 303 and 335(a) Abstract: In this proceeding, the Commission seeks comment on whether to require cable operators and direct broadcast satellite (DBS) providers to give their subscribers rebates when those subscribers are deprived of video programming they expect to receive during programming blackouts that result from failed retransmission consent negotiations or failed non-broadcast carriage negotiations. In the event that such a requirement is adopted, the Commission seeks comment below on how to apply the rule, and whether to specify the method that cable operators and DBS providers use to offer the rebates and if so, how they should issue rebates. The Commission also seeks comment on its our authority to adopt a rebate rule. The Commission also invites comment on any other proposals to ensure that subscribers are made whole when they lose access to programming that they expected to receive in exchange for paying a monthly subscription fee when they signed up for service. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/07/24 89 FR 8385 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brendan Murray, Deputy Division Chief, Policy Division, Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1573, Email: [email protected]. RIN: 3060-AL71 300. Priority Application Review for Broadcast Stations That Provide Local Journalism or Other Locally Originated Programming, MB Docket No. 24-14 [3060-AL72] Legal Authority: 47 U.S.C. 151 ; 47 U.S.C. 152; 47 U.S.C. 154(i) and 154(j); 47 U.S.C. 303 Abstract: This proceeding addresses certain billing practices of cable and direct broadcast satellite (DBS) service providers that penalize subscribers for terminating video service or switching video service providers. Comment is sought on proposals to protect consumers and promote competition in the video programming marketplace. The proposed customer service protection rules include prohibiting cable operators and DBS service providers from imposing early termination fees and billing cycle fees on subscribers. Timetable: [[Page 66931]] ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/05/24 89 FR 740 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Katie Costello, Policy Division, Media Bureau, Federal Communications Commission, Media Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2233, Fax: 202 418-1069, Email: [email protected]. RIN: 3060-AL72 301. Cable Operator and DBS Provider Billing Practices, MB Docket No. 23-405 [3060-AL73] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) ; 47 U.S.C. 303(v) and 335(a); 47 U.S.C. 552(b) Abstract: This proceeding addresses certain billing practices of cable and direct broadcast satellite (DBS) service providers that penalize subscribers for terminating video service or switching video service providers. Comment is sought on proposals to protect consumers and promote competition in the video programming marketplace. The proposed customer service protection rules include prohibiting cable operators and DBS service providers from imposing early termination fees and billing cycle fees on subscribers. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/05/24 89 FR 740 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Katie Costello, Policy Division, Media Bureau, Federal Communications Commission, Media Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2233, Fax: 202 418-1069, Email: [email protected]. RIN: 3060-AL73 302. Reporting Requirements for Commercial Television Broadcast Station Blackouts, MB Docket No. 23-427 [3060-AL74] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 301 and 303; 47 U.S.C. 307; . . . Abstract: In this proceeding, the Commission proposes a reporting framework for TV station blackouts occurring on video service platforms offered by cable operators, satellite TV providers, and other multichannel video programming distributors (MVPDs). The proposed reporting framework would require MVPDs to publicly report to the Commission the beginning and end of any qualifying blackout of a commercial broadcast television station, or stations, and disclose either publicly or confidentially the number of subscribers affected by the blackout. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/26/24 89 FR 42277 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brooke Olaussen, Policy Division, Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1060, Email: [email protected]. RIN: 3060-AL74 303. All-In Pricing for Cable and Satellite Television Service, MB Docket No. 23-203 [3060-AL75] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 303 and 316; 47 U.S.C. 335(a); . . . Abstract: In this proceeding, the Commission proposes to require cable operators and direct broadcast satellite providers to specify the all-in price for video programming as a prominent single line item on subscribers' bills and in promotional materials that state a price. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/30/23 88 FR 42277 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brendan Murray, Deputy Division Chief, Policy Division, Media Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1573, Email: [email protected]. RIN: 3060-AL75 FEDERAL COMMUNICATIONS COMMISSION (FCC) Office of Managing Director Long-Term Actions 304. Assessment and Collection of Regulatory Fees [3060-AK64] Legal Authority: 47 U.S.C. 159 Abstract: Section 9 of the Communications Act of 1934, as amended (47 U.S.C. 159), requires the Federal Communications Commission to recover the cost of its activities by assessing and collecting annual regulatory fees from beneficiaries of the activities. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/06/17 82 FR 26019 R&O................................. 09/22/17 82 FR 44322 NPRM................................ 06/14/18 83 FR 27846 NPRM Comment Period End............. 06/21/18 ....................... R&O................................. 09/18/18 83 FR 47079 NPRM................................ 06/05/19 84 FR 26234 NPRM Comment Period End............. 06/07/19 ....................... R&O................................. 09/26/19 84 FR 50890 NPRM................................ 05/08/20 85 FR 32256 R&O................................. 06/22/20 85 FR 37364 NPRM................................ 05/13/21 86 FR 26262 R&O................................. 05/17/21 86 FR 26677 NPRM................................ 09/21/21 86 FR 52429 R&O................................. 09/22/21 86 FR 52742 NPRM Comment Period End............. 10/21/21 ....................... NPRM................................ 06/28/22 87 FR 38588 Report & Order...................... 09/14/22 87 FR 56494 NPRM................................ 06/01/23 88 FR 36154 NPRM Comment Period End............. 06/29/23 ....................... Report and Order.................... 09/15/23 88 FR 63694 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Roland Helvajian, Office of the Managing Director, Federal Communications Commission, 445 12th Street SW, Washington, DC 20554, Phone: 202 418-0444, Email: [email protected]. RIN: 3060-AK64 [[Page 66932]] FEDERAL COMMUNICATIONS COMMISSION (FCC) Office of International Affairs Long-Term Actions 305. Process Reform for Executive Brance Review of Certain FCC Applications and Petitions Involving Foreign Ownership, IB Docket No. 16-155 [3060-AL12] Legal Authority: 47 U.S.C. 154(l); 47 U.S.C. 154(j); 47 U.S.C. 214; 47 U.S.C. 303; 47 U.S.C. 309; 47 U.S.C. 310; 47 U.S.C. 413; 47 U.S.C. 34-39; E.O. 10530; 3 U.S.C. 301 Abstract: In this proceeding, the Commission considers rules and procedures that streamline and improve the timeliness and transparency of the process by which the Commission refers certain applications and petitions for declaratory ruling to the Executive Branch agencies for assessment of any national security, law enforcement, foreign policy or trade policy issues related to foreign investment in the applicants and petitioners. The Commission, in this proceeding, also adopted Standard Questions that certain applicants with reportable foreign ownership will be required to answer as part of the Executive Branch review process of their applications. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/24/16 81 FR 46870 NPRM Comment Period End............. 09/02/16 ....................... Public Notice....................... 04/27/20 85 FR 29914 Public Notice Comment Period End.... 09/02/20 ....................... Report & Order...................... 10/01/20 85 FR 76360 Public Notice....................... 12/30/20 85 FR 12312 Public Notice Comment Period End.... 04/19/21 ....................... Secord Report and Order Adopted..... 09/30/21 86 FR 68428 Second R&O Released................. 10/01/21 86 FR 68428 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Arthur T. Lechtman, Attorney Advisor, Federal Communications Commission, International Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1465, Fax: 202 418-0175, Email: [email protected]. RIN: 3060-AL12 306. Review of International Section 214 Authorizations To Assess Evolving National Security, Law Enforcement, Foreign Policy, and Trade Policy Risks, IB Docket No. 23-119, MD Docket No. 23-134 [3060- AL76] Legal Authority: 47 U.S.C. 154(i) and 154(j); 47 U.S.C. 201 and 214; 47 U.S.C. 218 and 219; 47 U.S.C. 403 and 413 Abstract: By this Notice, the Commission proposes rules that would require carriers to renew, every 10 years, their international section 214 authority. In the alternative, the Commission seeks comment on adopting rules that would require all international section 214 authorization holders to periodically update information enabling the Commission to review the public interest and national security implications of those authorizations based on that updated information. Through these proposals, the Commission seeks to ensure that the Commission is exercising appropriate oversight of international section 214 authorization holders to safeguard U.S. telecommunications networks. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/01/23 88 FR 50486 NPRM Comment Period End............. 10/02/23 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Gabrielle Kim, Attorney Advisor, Office of International Affairs, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0730, Email: [email protected]. RIN: 3060-AL76 FEDERAL COMMUNICATIONS COMMISSION (FCC) Public Safety and Homeland Security Bureau Long-Term Actions 307. Wireless E911 Location Accuracy Requirements: PS Docket No. 07-114 [3060-AJ52] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 332 Abstract: This rulemaking is related to the proceedings in which the FCC previously acted to improve the quality of all emergency services. Wireless carriers must provide specific automatic location information in connection with 911 emergency calls to Public Safety Answering Points (PSAPs). Wireless licensees must satisfy enhanced 911 location accuracy standards at either a county-based or a PSAP-based geographic level. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/20/07 72 FR 33948 R&O................................. 02/14/08 73 FR 8617 Public Notice....................... 09/25/08 73 FR 55473 FNPRM; NOI.......................... 11/02/10 75 FR 67321 Public Notice....................... 11/18/09 74 FR 59539 2nd R&O............................. 11/18/10 75 FR 70604 Second NPRM......................... 08/04/11 76 FR 47114 Second NPRM Comment Period End...... 11/02/11 ....................... Final Rule.......................... 04/28/11 76 FR 23713 NPRM, 3rd R&O, and 2nd FNPRM........ 09/28/11 76 FR 59916 3rd FNPRM........................... 03/28/14 79 FR 17820 Order Extending Comment Period...... 06/10/14 79 FR 33163 3rd FNPRM Comment Period End........ 07/14/14 ....................... Public Notice (Release Date)........ 11/20/14 ....................... Public Notice Comment Period End.... 12/17/14 ....................... 4th R&O............................. 03/04/15 80 FR 11806 Final Rule.......................... 08/03/15 80 FR 45897 Order Granting Waiver............... 07/10/17 ....................... NPRM................................ 09/26/18 83 FR 54180 4th NPRM............................ 03/18/19 84 FR 13211 5th R&O............................. 01/16/20 85 FR 2660 5th NPRM............................ 01/16/20 85 FR 2683 5th NPRM Comment Period End......... 03/16/20 ....................... 6th R&O and Order on Recon.......... 08/28/20 85 FR 53234 Order of Reconsideration............ 01/01/21 86 FR 8714 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brenda Boykin, Deputy Chief, Policy & Licensing Division, Public Safety and Homeland Security Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2062, Email: [email protected]. RIN: 3060-AJ52 308. Improving Outage Reporting for Submarine Cables and Enhancing Submarine Cable Outage Data; GN Docket No. 15-206 [3060-AK39] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 34 to 39; 47 U.S.C. 301 [[Page 66933]] Abstract: This proceeding takes steps toward assuring the reliability and resiliency of submarine cables, a critical piece of the Nation's communications infrastructure, by proposing to require submarine cable licensees to report to the Commission when outages occur and communications are disrupted. The Commission's intent is to enhance national security and emergency preparedness by these actions. In December 2019, the Commission adopted an Order on Reconsideration that modifies the requirement for submarine cable licensees to report outages to the Commission. The compliance date for the new mandatory submarine cable outage reporting rules was October 28, 2021. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM (Release Date)................. 09/18/15 ....................... R&O................................. 06/24/16 81 FR 52354 Petitions for Recon................. 09/08/16 ....................... Petitions for Recon--Public Comment. 10/17/16 81 FR 75368 Order on Recon...................... 12/20/19 84 FR 15733 PRA Approval for new collection..... 03/25/21 ....................... Public Notice re effective date..... 04/28/21 ....................... Compliance Date for New Rules....... 10/28/21 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Scott Cinnamon, Attorney-Advisor, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2319, Email: [email protected]. RIN: 3060-AK39 309. Amendments to Part 4 of the Commission's Rules Concerning Disruptions to Communications: (PS Docket No. 15-80, 18-336, 23-5) [3060-AK40] Legal Authority: sec. 1, 4(i), 4(j), 4(o), 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307, 309(a), 309(j); 316, 332, 403, 615a-1, and 615c of Pub. L. 73-416, 4 Stat. 1064, as amended; and sec. 706 of Pub. L. 104-104, 110 Stat. 56; 47 U.S.C. 151, 154(i)-(j) & (o), 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307; 309(a), 309(j), 316, 332, 403, 615a-1, 615c, and 1302, unless otherwise noted Abstract: The 2004 Report and Order (R&O) extended the Commission's communication disruptions reporting rules to non-wireline carriers and streamlined reporting through a new electronic template (see docket ET Docket 04-35). In 2015, this proceeding, PS Docket 15-80, was opened to amend the original communications disruption reporting rules from 2004 in order to reflect technology transitions observed throughout the telecommunications sector. The Commission seeks to further study the possibility to share the reporting database information and access with State and other Federal entities. In May 2016, the Commission released a Report and Order, FNPRM, and Order on Reconsideration (see also Dockets 11-82 and 04-35). The R&O adopted rules to update the part 4 requirements to reflect technology transitions. The FNPRM sought comment on sharing information in the reporting database. Comments and replies were received by the Commission in August and September 2016. In March 2020, the Commission adopted a Second Further Notice of Proposed Rulemaking in PS Docket No. 15-80 that proposed a framework to provide state and federal agencies with access to outage information to improve their situational awareness while preserving the confidentiality of this data, including proposals to: provide direct, read-only access to NORS and DIRS filings to qualified agencies of the 50 states, the District of Columbia, Tribal nations, territories, and federal government; allow these agencies to share NORS and DIRS information with other public safety officials that reasonably require NORS and DIRS information to prepare for and respond to disasters; allow participating agencies to publicly disclose NORS or DIRS filing information that is aggregated and anonymized across at least four service providers; condition a participating agency's direct access to NORS and DIRS filings on their agreement to treat the filings as confidential and not disclose them absent a finding by the Commission that allows them to do so; and establish an application process that would grant agencies access to NORS and DIRS after those agencies certify to certain requirements related to maintaining confidentiality of the data and the security of the databases. In March 2021, the Commission adopted the proposed information sharing framework with some modifications in a Second Report and Order. In April 2021, in a Notice of Proposed Rulemaking, the Commission proposed to codify a rule adopted in 2016 that exempts satellite and terrestrial wireless providers from reporting outages that potentially affect special offices and facilities, as defined in Commission rules. This proceeding addresses the Commission's efforts to improve the utility of its efforts to track network outages and disruptions and does not promote the administration's specified priorities. In May 2021, the California Public Utilities Commission (CPUC) filed a Petition for Reconsideration (PFR) requesting that the Commission reconsider its decision in the Second Report and Order to maintain the presumption of confidentiality applied to NORS and DIRS filings. The Commission sought comment on the PFR's requests. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM, 2nd R&O, Order on Recon....... 06/16/15 80 FR 34321 NPRM Comment Period End............. 07/31/15 ....................... R&O................................. 07/12/16 81 FR 45055 FNPRM, 1 Part 4 R&O, Order on Recon. 08/11/16 81 FR 45059 Order Denying Reply Comment Deadline 09/08/16 ....................... Extension Request. FNPRM Comment Period End............ 09/12/16 ....................... Announcement of Effective Date for 06/22/17 82 FR 28410 Rule Changes in R&O. Announcement of Effective Date for 06/22/17 82 FR 28410 Rule Changes in R&O. Second Further NPRM................. 02/28/20 85 FR 17818 Second Further NPRM Comment Period 06/01/20 ....................... End. 2nd R&O............................. 04/29/21 86 FR 22796 3rd NPRM............................ 06/30/21 86 FR 34679 CPUC PFR Comment Period End......... 08/23/21 86 FR 40801 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Logan Bennett, Attorney Advisor, Public Safety and Homeland Security Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7790, Email: [email protected]. Saswat Misra, Attorney-Advisor, Public Safety and Homeland Security Bureau, Federal Communications [[Page 66934]] Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0944, Email: [email protected]. RIN: 3060-AK40 310. New Part 4 of the Commission's Rules Concerning Disruptions to Communications; ET Docket No. 04-35 [3060-AK41] Legal Authority: 47 U.S.C. 154 and 155; 47 U.S.C. 201; 47 U.S.C. 251; 47 U.S.C. 307; 47 U.S.C. 316 Abstract: The proceeding creates a new part 4 in title 47 and amends part 63.100. The proceeding updates the Commission's communication disruptions reporting rules for wireline providers formerly in 47 CFR 63.100 and extends these rules to other non-wireline providers. Through this proceeding, the Commission streamlines the reporting process through an electronic template. The Report and Order received several petitions for reconsideration, of which two were eventually withdrawn. In 2015, seven were addressed in an Order on Reconsideration and in 2016 another petition was addressed in an Order on Reconsideration. One petition (CPUC Petition) remains pending regarding NORS database sharing with States, which is addressed in a separate proceeding, PS Docket 15-80. To the extent the communication disruption rules cover VoIP, the Commission studies and addresses these questions in a separate docket, PS Docket 11-82. In May 2016, the Commission released a Report and Order, FNPRM, and Order on Reconsideration (see Dockets 11-82 and 15-80). The Order on Reconsideration addressed outage reporting for events at airports, and the FNPRM sought comment on database sharing. The Commission received comments and replies in August and September 2016. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/26/04 69 FR 15761 R&O................................. 11/26/04 69 FR 68859 Denial for Petition for Partial Stay 12/02/04 ....................... Seek Comment on Petition for Recon.. 02/02/10 ....................... Reply Period End.................... 03/19/10 ....................... Seek Comment on Broadband and 07/02/10 ....................... Interconnected VOIP Service Providers. Reply Period End.................... 08/16/12 ....................... 2nd R&O, and Order on Recon, NPRM... 06/16/15 80 FR 34321 R&O................................. 07/12/16 81 FR 45055 FNPRM, 1 Part 4 R&O, Order on Recon. 08/11/16 81 FR 45095, 81 FR 45055 Order Denying Extension of Time to 09/08/16 ....................... File Reply Comments. Announcement of Effective Date for 06/22/17 82 FR 28410 Rule Changes in R&O. ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Logan Bennett, Attorney Advisor, Public Safety and Homeland Security Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7790, Email: [email protected]. RIN: 3060-AK41 311. Wireless Emergency Alerts (WEA): PS Docket No. 15-91, 15-94, 22- 329 [3060-AK54] Legal Authority: Pub. L. 109-347, title VI; 47 U.S.C. 151; 47 U.S.C. 154(i) Abstract: This proceeding was initiated to improve Wireless Emergency Alerts (WEA) messaging, ensure that WEA alerts reach only those individuals to whom they are relevant, and establish an end-to- end testing program based on advancements in technology. In April 2023, the Commission released an FNPRM seeking comment on proposals to make WEA alerts understandable to people with disabilities and people with native languages other than English and Spanish, communities that would otherwise be underserved by WEA. In October 2023, the Commission adopted a Report and Order adopting some of the proposals from the April FNPRM. Proposals adopted include making WEA multilingual, including location-aware maps with alerting, permitting two live WEA tests per county or county equivalent per year, and creating a publicly available WEA Database which will include information about where WEA is and is not available and by what providers. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/19/15 80 FR 77289 NPRM Comment Period End............. 01/13/16 ....................... NPRM Reply Comment Period End....... 02/12/16 ....................... Order............................... 12/08/16 81 FR 75710 FNPRM............................... 09/29/16 81 FR 78539 Comment Period End.................. 12/08/16 ....................... Petition for Recon.................. 12/19/16 81 FR 91899 Order on Recon...................... 02/04/17 82 FR 57158 2nd R&O and 2nd Order on Recon...... 02/28/18 83 FR 8619 Public Notice....................... 04/26/18 83 FR 18257 Public Notice Comment Period End.... 05/29/18 ....................... Public Notice Reply Comment Period 06/11/18 ....................... End. Report and Order and FNPRM.......... 06/17/21 86 FR 46783 FNPRM............................... 04/21/22 87 FR 30857 FNPRM............................... 11/23/22 87 FR 71539 FNPRM............................... 06/21/23 88 FR 40606 Report and Order.................... 12/15/23 88 FR 86824 Correction.......................... 01/17/24 89 FR 2885 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michael Antonino, Attorney Advisor, PSHSB, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7965, Email: [email protected]. James Wiley, Deputy Division Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1678, Email: [email protected]. RIN: 3060-AK54 312. 911 Fee Diversion Rulemaking: PS Docket Nos. 20-291, 09-14 [3060- AL31] Legal Authority: Consolidated Appropriations Act, 2021, Pub. L. 116-260, Division FF, title 1X, sec. 902, Don't Break Up the T-Band Act of 2020 (sec. 902) Abstract: In 2020, Congress adopted the ``Don't Break Up the T-Band Act'' (section 902) to help address the diversion of 911 fees by states and other jurisdictions for purposes unrelated to 911. Among other requirements, Congress mandated that the Commission should issue final rules designating the uses of 911 fees by states and taxing jurisdictions that constitute 911 fee diversion for purposes of 47 U.S.C. 615a-1, as amended by section 902. The Commission initiated this proceeding and issued new rules at 47 CFR 9.21-9.26 that: (1) clarify the purposes and functions for which expenditures of 911 fees are acceptable and which would be considered [[Page 66935]] unacceptable and constitute diversion, with illustrative, non- exhaustive examples of each; (2) establish a declaratory ruling process for providing further guidance to states and taxing jurisdictions on fee diversion issues; and (3) codify the specific obligations and restrictions that section 902 imposes on states and taxing jurisdictions, including those that engage in diversion as defined by the Commission's rules. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Notice of Inquiry................... 10/02/20 ....................... NOI Comment Period End.............. 11/02/20 ....................... NOI Reply Comment Period End........ 12/02/20 ....................... NPRM................................ 02/17/21 86 FR 12399 NPRM Comment Period End............. 03/23/21 ....................... NPRM Reply Comment Period End....... 04/02/21 86 FR 12399 Report & Order...................... 06/25/21 86 FR 45892 R&O Erratum......................... 08/12/21 86 FR 45892 Petition for Recon.................. 12/22/21 86 FR 72546 Oppositions to Petition for Recon... 01/06/22 ....................... Replies to Oppositions to Petition 01/18/22 ....................... for Recon. ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brenda Boykin, Deputy Chief, Policy & Licensing Division, Public Safety and Homeland Security Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2062, Email: [email protected]. RIN: 3060-AL31 313. Resilient Networks, Amendments to Part 4 of the Commission's Rules Concerning Disruptions to Communications; PS Docket No. 21-346 [3060- AL43] Legal Authority: 47 U.S.C. 1; 47 U.S.C. 4(i) and 4(o); 47 U.S.C. 201(b) and 214(d); 47 U.S.C. 218 and 251(e)(3); 47 U.S.C. 301; 47 U.S.C. 303(b) and 303(g); 47 U.S.C. 303(j) and 303(r); 47 U.S.C. 307; 47 U.S.C. 309(a) and 309(j); 47 U.S.C. 316 and 332; 47 U.S.C. 403; 47 U.S.C. 615a-1 ; 47 U.S.C. 615c of the Communications Act of 1934, as amended; 47 U.S.C. 154(i)-(j) and (o); 47 U.S.C. 151; 47 U.S.C 4(j); . . . Abstract: In October 2021, the Commission adopted a Notice of Proposed Rulemaking (NPRM) to investigate ways to improve the reliability and resiliency of communications networks during emergencies and ways to ensure that communications services remain operational when disasters strike. The NPRM sought comment on: (i) potential improvements to the voluntary Wireless Resiliency Cooperative Framework (Framework), including evaluating what triggers its activation, its scope of participants, whether existing Framework elements can be strengthened, any gaps that need to be addressed, and whether the public would benefit from codifying some or all of the Framework, (ii) ways to enhance the information available to the Commission through Network Outage Reporting System (NORS) and Disaster Information Reporting System (DIRS) during disasters and network outages to improve situational awareness, and (iii) communications resiliency strategies for power outages, including improved coordination between communications service providers and power companies and deploying onsite backup power or other alternative measures to reduce the frequency, duration, or severity of power- related disruptions to communications services. In June 2022, the Commission adopted a Report & Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) following up on and further addressing matters related to the Framework. The R&O introduced the Mandatory Disaster Response Initiative (MDRI), which largely codified the Framework's five substantive provisions as mandatory, extended the reach of these provisions to all facilities-based mobile wireless providers, expanded the real-world criteria that trigger activation of the MDRI (as compared to the Framework) and introduced new provisions requiring providers to test their roaming capabilities and report on the performance of their implementation of the MDRI to the Commission after disaster events. The FNPRM examined whether and how the new reporting requirement can be standardized to ensure that the Commission obtains vital and actionable information on the performance of providers' implementation of the MDRI in the aftermath of exigency, while also minimizing associated burdens. This proceeding addresses network reliability in the context of public safety and does not promote the administration's specified priorities. In October 2022, CTIA and the Competitive Carriers Association (CCA) filed a Petition for Clarification and Partial Reconsideration in response to the 2022 Resilient Networks R&O. Particularly, Petitioners asked that the Commission: (1) provide a list of potential providers to which the MDRI may apply; (2) provide sufficient time for wireless providers to achieve compliance (by requesting 12 months for non-small providers and 18 months for small providers); (3) align the definitions of ``non-small'' and ``small'' with the Commission's existing definitions of ``nationwide'' and ``non-nationwide'' as used in the 911 context; (4) establish the process in which the Public Safety and Homeland Security Bureau (Bureau) will inform providers that the MDRI is active; and (5) affirm that Office of Management and Budget (OMB) review is required for all information collection obligations and that the Commission will treat all roaming arrangements as presumptively confidential under Section 4.17(d). A draft Order on Reconsideration was circulated for Commission consideration on July 28, 2023. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/01/21 86 FR 61103 NPRM Comment Period End............. 01/14/22 ....................... FNPRM............................... 06/27/22 87 FR 59379 R&O................................. 06/27/22 87 FR 59329 FNPRM Comment Period End............ 10/31/22 ....................... FNPRM Reply Comment Period End...... 11/29/22 ....................... Petition for Reconsideration........ 10/31/22 ....................... Public Notice Comment............... 12/02/22 87 FR 7102 Extends Deadline to File Replies.... 12/19/22 87 FR 79263 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Logan Bennett, Attorney Advisor, Public Safety and Homeland Security Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7790, Email: [email protected]. RIN: 3060-AL43 314. Location-Based Routing for Wireless 911 Calls (P.S. Docket 18-64) [3060-AL52] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 152(a); 47 U.S.C. 154(i); 47 U.S.C. 160; 47 U.S.C. 201; 47 U.S.C. 214; 47 U.S.C. 222; 47 U.S.C. 251(e); 47 U.S.C. 301 to 303; 47 U.S.C. 307; 47 U.S.C. 309; 47 U.S.C. 316 and 332; 47 U.S.C. 615; 47 U.S.C. 615a; 47 U.S.C. 615b; 47 U.S.C. 615c [[Page 66936]] Abstract: In this proceeding, the Federal Communications Commission proposes rules to more precisely route wireless 911 calls and texts to Public Safety Answering Points (PSAPs), which can result in faster response times during emergencies. Wireless 911 calls have historically been routed to PSAPs based on the location of the cell tower that handles the call. Sometimes, however, the 911 call is routed to the wrong PSAP because the cell tower is not in the same jurisdiction as the 911 caller. This can happen, for instance, when an emergency call is placed near a county border. These misrouted 911 calls must be transferred from one PSAP to another, which consumes time and resources and can cause confusion and delay in emergency response. The Notice of Proposed Rulemaking (NPRM) proposes to require wireless and covered text providers to deploy technology that supports location-based routing, a method that relies on precise information about the location of the wireless caller's device, on some networks and to use location- based routing to route 911 voice calls and texts originating on those networks when caller location is accurate and timely. In addition, the NPRM proposes to require CMRS and covered text providers to deliver 911 calls, texts, and associated routing information in internet Protocol (IP) format upon request of certain 911 authorities. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/17/23 88 FR 2565 NPRM Comment Period End............. 02/16/23 ....................... Reply Comments Due.................. 03/20/23 ....................... Report and Order.................... 03/13/24 89 FR 18488 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brenda Boykin, Deputy Chief, Policy and Licensing Div, PSHSB, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2062, Email: [email protected]. RIN: 3060-AL52 315. Next Generation 9-1-1, PS Docket No. 21-479, FCC 23-47 [3060-AL67] Legal Authority: Not Yet Determined Abstract: The Federal Communications Commission (the FCC or Commission) proposes rules that will advance the nationwide transition to Next Generation 911 (NG911). The Notice of Proposed Rulemaking (NPRM) proposes requiring certain service providers to complete all translation and routing to deliver 911 calls in the requested internet Protocol (IP)-based format to an Emergency Services IP network (ESInet) or other designated point(s) that allow emergency calls to be answered upon request of 911 authorities who have certified the capability to accept IP-based 911 communications. In addition, the NPRM proposes to require service providers to transmit all 911 calls to destination point(s) in those networks designated by a 911 authority upon request of 911 authorities who have certified the capability to accept IP-based 911 communications. Finally, the NPRM proposes that in the absence of agreements by states or localities on alternative cost recovery mechanisms, service providers must cover the costs of transmitting 911 calls to the point(s) designated by a 911 authority. In addition, the NPRM seeks comment on promoting diversity and inclusion. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/10/23 88 FR 43514 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brenda Boykin, Deputy Chief, Policy & Licensing Division, Public Safety and Homeland Security Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2062, Email: [email protected]. RIN: 3060-AL67 FEDERAL COMMUNICATIONS COMMISSION (FCC) Space Bureau Long-Term Actions 316. Update to Parts 2 and 25 Concerning Nongeostationary, Fixed- Satellite Service Systems, and Related Matters: IB Docket No. I6-408 [3060-AK59] Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 303; 47 U.S.C. 316 Abstract: On January 11, 2017, the Commission began a rulemaking to update its rules and policies concerning non-geostationary-satellite orbit (NGSO), fixed-satellite service (FSS) systems and related matters. The Commission proposed among other things, to provide for more flexible use of the 17.8-20.2 GHz bands for FSS, promote shared use of spectrum among NGSO FSS satellite systems, and remove unnecessary design restrictions on NGSO FSS systems. The Commission subsequently adopted a Report and Order establishing new sharing criteria among NGSO FSS systems and providing additional flexibility for FSS spectrum use. The Commission also released a Further Notice of Proposed Rulemaking proposing to remove the domestic coverage requirement for NGSO FSS systems and later adopted a Second Report and Order removing this requirement. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/11/17 82 FR 3258 NPRM Comment Period End............. 04/10/17 ....................... FNPRM............................... 11/15/17 82 FR 52869 R&O................................. 12/18/17 82 FR 59972 FNPRM Comment Period End............ 01/02/18 ....................... 2nd R&O............................. 02/21/21 86 FR 11642 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Clay DeCell, Attorney Advisor, Federal Communications Commission, International Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0803, Email: [email protected]. RIN: 3060-AK59 317. Amendment of Parts 2 and 25 of the FCC Rules to Facilitate the Use of Earth Stations in Motion Communicating With Geostationary Orbit Space Stations in FSS Bands: IB Docket No. 17-95 [3060-AK84] Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 157(a); 47 U.S.C. 303; 47 U.S.C. 308(b); 47 U.S.C. 316 Abstract: In June 2017, the Commission began a rulemaking to streamline, consolidate, and harmonize rules governing earth stations in motion (ESIMs) used to provide satellite-based services on ships, airplanes and vehicles communicating with geostationary-satellite orbit (GSO), fixed-satellite service (FSS) satellite systems. In September 2018, the Commission adopted rules governing communications of ESIMs with GSO satellites. These rules addressed communications in the conventional C-, Ku-, and Ka-bands, as well as portions of the extended Ku-band. At the same time, the Commission also released a Further Notice of Proposed Rulemaking that sought comment on [[Page 66937]] allowing ESIMs to operate in all of the frequency bands in which earth stations at fixed locations operating in GSO FSS satellite networks can be blanket-licensed. Specifically, comment was sought on expanding the frequencies available for communications of ESIMs with GSO FSS satellites to include the following frequency bands: 10.7-10.95 GHz, 11.2-11.45 GHz, 17.8-18.3 GHz, 18.8-19.3 GHz, 19.3-19.4 GHz, 19.6-19.7 GHz (space-to-Earth); and 28.6-29.1 GHz (Earth-to-space). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/16/17 82 FR 27652 NPRM Comment Period End............. 08/30/17 ....................... OMB-approval for Information 08/28/18 ....................... Collection of R&O Comment Period End. FNPRM............................... 07/24/20 85 fr 44818 R&O................................. 07/24/20 85 FR 44772 FNPRM Comment Period End............ 09/22/20 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Cindy Spiers, Attorney Advisor, Federal Communications Commission, International Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1593, Email: [email protected]. RIN: 3060-AK84 318. Facilitating the Communications of Earth Stations in Motion With Non-Geostationary Orbit Space Stations: IB Docket No. 18-315 [3060- AK89] Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 157(a); 47 U.S.C. 303; 47 U.S.C. 308(b); 47 U.S.C. 316 Abstract: In November 2018, the Commission adopted a notice of proposed rulemaking that proposed to expand the scope of the Commission's rules governing ESIMs operations to cover communications with NGSO FSS satellites. Comment was sought on establishing a regulatory framework for communications of ESIMs with NGSO FSS satellites that would be analogous to that which exists for ESIMs communicating with GSO FSS satellites. In this context, comment was sought on: (1) allowing ESIMs to communicate in many of the same conventional Ku-band, extended Ku-band, and Ka-band frequencies that were allowed for communications of ESIMs with GSO FSS satellites (with the exception of the 18.6-18.8 GHz and 29.25-29.5 GHz frequency bands); (2) extending blanket licensing to ESIMs communicating with NGSO satellites; and (3) revisions to specific provisions in the Commission's rules to implement these changes. The specific frequency bands for communications of ESIMs with NGOS FSS satellites on which comment was sought are as follows: 10.7-11.7 GHz; 11.7-12.2 GHz; 14.0- 14.5 GHz; 17.8-18.3 GHz; 18.3-18.6 GHz; 18.8-19.3 GHz; 19.3-19.4 GHz; 19.6-19.7 GHz; 19.7-20.2 GHz; 28.35-28.6 GHz; 28.6-29.1 GHz; and 29.5- 30.0 GHz. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/28/18 83 FR 67180 NPRM Comment Period End............. 03/13/19 ....................... R&O................................. 07/24/20 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Cindy Spiers, Attorney Advisor, Federal Communications Commission, International Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1593, Email: [email protected]. RIN: 3060-AK89 319. Space Innovation; Mitigation of Orbital Debris in the New Space Age: IB Docket Nos. 18-313, 22-271 [3060-AK90] Legal Authority: 47 U.S.C. 154; 47 U.S.C. 157; 47 U.S.C. 301; 47 U.S.C. 302; 47 U.S.C. 303; 47 U.S.C. 307; 47 U.S.C. 308; 47 U.S.C. 309; 47 U.S.C. 310; 47 U.S.C. 319; 47 U.S.C. 332; 47 U.S.C. 336; 47 U.S.C. 605; 47 U.S.C. 721 Abstract: The Commission's current orbital debris rules were first adopted in 2004. Since then, significant changes have occurred in satellite technologies and market conditions, particularly in Low Earth Orbit, i.e., below 2000 kilometers altitude. These changes include the increasing use of lower cost small satellites and proposals to deploy large constellations of non-geostationary satellite orbit (NGSO) systems, some involving thousands of satellites. The NPRM proposes changes to improve disclosure of debris mitigation plans. The NPRM also makes proposals and seeks comment related to satellite disposal reliability and methodology, appropriate deployment altitudes in low-Earth-orbit, and on-orbit lifetime, with a particular focus on large NGSO satellite constellations. Other aspects of the NPRM include new rule proposals for geostationary orbit satellite (GSO) license term extension requests, and consideration of disclosure requirements related to several emerging technologies and new types of commercial operations, including rendezvous and proximity operations. The Report and Order in this proceeding adopted a number of these proposals. In addition a Further Notice of Proposed Rulemaking sought comment on topics such as collision risk and casualty risk for multi- satellite systems, de-orbit timelines, maneuverability requirements, and indemnification and post mission disposal bond issues. The Commission issued a Second Report and Order adopting a 5-year de-orbit timeframe for satellites ending their missions in or passing through the low-Earth Orbit region. Three petitions for reconsideration were filed in response to the initial Report and Order, which were all subsequently denied. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/19/19 84 FR 4742 NPRM Comment Period End............. 05/06/19 ....................... R&O................................. 08/25/20 85 FR 52422 FNPRM............................... 08/25/20 85 FR 52455 FNPRM Comment Period End............ 10/09/20 ....................... Second R&O.......................... 09/29/22 ....................... Notice of Petition for 11/09/20 85 FR 71296 Reconsideration. Denial of Reconsideration........... 02/22/24 89 FR 13276 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Alexandra Horn, Attorney Advisor, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1376, Email: [email protected]. RIN: 3060-AK90 320. Parts 2 and 25 To Enable GSO FSS in the 17.3-17.8 GHz Band, Modernize Rules for 17/24 GHz BSS Space Stations, and Establish Off- Axis Uplink Power Limits for Extended KA-Band FSS (IB Doc. No. 20-330) [3060-AL28] Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 303(r); 47 U.S.C. 309(j) Abstract: This item addresses the addition of an allocation in the 17.3-17.7 GHz and 17.7-17.8 GHz bands to the fixed-satellite service in the space-to-Earth direction. The Notice of Proposed Rulemaking proposes to add these allocations to the U.S. Table of Frequency Allocations (non-Federal), and proposes modification of existing [[Page 66938]] technical rules to prevent harmful interference between services in these bands. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/01/21 86 FR 7660 NPRM Comment Period End............. 03/03/21 ....................... NPRM Reply Comment Period End....... 03/18/21 ....................... R&O................................. 09/03/22 ....................... Erraturn............................ 09/03/22 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Stephanie Neville, Attorney Advisor, Satellite Programs and Policy Div., Space Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1672, Email: [email protected]. Sean O'More, Attorney Advisor, International Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 245 418-2453, Email: [email protected]. RIN: 3060-AL28 321. Revising Spectrum Sharing Rules for Non-Geostationary Orbit, Fixed-Satellite Service Systems: IB Docket No. 21-456 [3060-AL41] Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 157(a); 47 U.S.C. 303; 47 U.S.C. 308(b); 47 U.S.C. 316 Abstract: In 2021, the Commission released a Notice of Proposed Rulemaking (NPRM) seeking comment on revisions to the spectrum sharing requirements among non-geostationary satellite orbit (NGSO), fixed- satellite service (FSS) systems. The NPRM proposed that the Commission's existing spectrum sharing mechanism for NGSO FSS systems will be limited to those systems approved in the same processing round. The NPRM also proposed to adopt a rule providing that later-round NGSO FSS systems will have to protect earlier-round systems, and invited comment on how to define such protection. In addition, the NPRM sought comment on whether to sunset, after a period of time, the interference protection afforded to an NGSO FSS system because of its processing round status. In 2023, the Commission released a Report and Order (R&O) in this proceeding. The R&O adopted rules clarifying protection obligations between NGSO FSS systems authorized through different processing rounds by using a degraded throughput methodology, and subjected those protections to a sunset period. After the sunset period, new entrants authorized in later processing rounds would share spectrum on an equal basis with earlier-round incumbents. The R&O also clarified that all NGSO FSS operators licensed or granted market access in the United States must coordinate with each other in good faith, regardless of their processing round status, and explained the Commission's expectations for information sharing during this good-faith coordination. In an accompanying Further Notice of Proposed Rulemaking (FNPRM), the Commission sought comment on which specific metrics should be used to define the protection afforded to an earlier-round NGSO FSS system from a later-round system, and sought specific comment on implementation of the degraded throughput methodology. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/24/22 87 FR 3481 NPRM Comment Period End............. 03/25/22 ....................... Report and Order.................... 06/20/23 88 FR 39783 FNPRM............................... 06/21/23 88 FR 40142 FNPRM Comment Period End............ 09/05/23 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Clay DeCell, Attorney Advisor, Federal Communications Commission, International Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0803, Email: [email protected]. RIN: 3060-AL41 322. Expediting Initial Processing of Satellite and Earth Station Applications; Space Innovation, IB Docket Nos. 22-411 and 22-271 [3060- AL51] Legal Authority: 47 U.S.C. 154(i) and 157(a); 47 U.S.C. 303 and 308(b) Abstract: In December 2022, the Commission adopted a Notice of Proposed Rulemaking to seek comment on changes to its rules, policies, or practices to facilitate the acceptance for filing of satellite and earth station applications under 47 CFR part 25. In September 2023 the Commission adopted a Report and Order implementing its proposed changes as well as establishing timeframes for placing space and earth stations on public notice, creating a new, streamlined processing framework for earth station operators to add satellite points of communication, and establishing a Transparency Initiative led by the Space Bureau to provide clarity and access to applicants. The Commission also adopted a Further Notice of Proposed Rulemaking to seek comment on additional proposed changes to further expedite satellite and earth station licensing. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/17/23 88 FR 2590 NPRM Comment Period End............. 04/03/23 ....................... FNPRM............................... 12/08/23 ....................... Report and Order--Final Rule........ 01/05/24 ....................... FNPRM Comment Period End............ 02/06/24 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Julia Malette, Attorney Advisor, Space Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2453, Email: [email protected]. Clay DeCell, Attorney Advisor, Federal Communications Commission, International Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0803, Email: [email protected]. RIN: 3060-AL51 323. Amendment of Parts 2 and 25 of the Commission's Rules To Enable NGSO Fixed-Satellite Service (Space-to-Earth) Operations in the 17.3-17.8 GHz Band [3060-AL79] Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 157(a); 47 U.S.C. 303(c) and 303(f),; 47 U.S.C. 303(g) and 303(r) Abstract: Amendment of Parts 2 and 25 of the Commission's Rules to Enable NGSO Fixed-Satellite Service (Space-to-Earth) Operations in the 17.3-17.8 GHz Band. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/26/22 87 FR 64750 NPRM Comment Period End............. 12/27/22 ....................... NPRM Reply Comment End.............. 01/24/23 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. [[Page 66939]] Agency Contact: Stephanie Neville, Attorney Advisor, Satellite Programs and Policy Div., Space Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1672, Email: [email protected]. RIN: 3060-AL79 FEDERAL COMMUNICATIONS COMMISSION (FCC) Wireless Telecommunications Bureau Long-Term Actions 324. Amendment of Parts 1, 2, 22, 24, 27, 90, and 95 of the Commission's Rules to Improve Wireless Coverage Through the Use of Signal Boosters (WT Docket No. 10-4) [3060-AJ87] Legal Authority: 15 U.S.C. 79; 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 154(j); 47 U.S.C. 155; 47 U.S.C. 157; 47 U.S.C. 225; 47 U.S.C. 227; 47 U.S.C. 303(r) Abstract: This action adopts new technical, operational, and registration requirements for signal boosters. It creates two classes of signal boosters--consumer and industrial--with distinct regulatory requirements for each, thereby establishing a two-step transition process for equipment certification for both consumer and industrial signal boosters sold and marketed in the United States. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/10/11 76 FR 26983 R&O................................. 04/11/13 78 FR 21555 Petition for Reconsideration........ 06/06/13 78 FR 34015 Order on Reconsideration............ 11/08/14 79 FR 70790 FNPRM............................... 11/28/14 79 FR 70837 2nd R&O and 2nd FNPRM............... 03/23/18 83 FR 17131 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Morgan Mendenhall, Attorney Advisor, Wireless Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0154, Email: [email protected]. Jaclyn Rosen, Federal Communications Commission, Wireless Telecommunications Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0154, Email: [email protected]. RIN: 3060-AJ87 325. Promoting Technological Solutions to Combat Wireless Contraband Device Use in Correctional Facilities; GN Docket No. 13-111 [3060-AK06] Legal Authority: 47 U.S.C. 151 to 152; 47 U.S.C. 154(i); 47 U.S.C. 154(j); 47 U.S.C. 301; 47 U.S.C. 303(a); 47 U.S.C. 303(b); 47 U.S.C. 307 to 310; 47 U.S.C. 332; 47 U.S.C. 302(a) Abstract: In the 2017 Report and Order, 82 FR 22742, the Commission addressed the problem of illegal use of contraband wireless devices by inmates in correctional facilities by streamlining the process of deploying contraband wireless device interdiction systems (CIS)-- systems that use radio communications signals requiring Commission authorization--in correctional facilities. In particular, the Commission eliminated certain filing requirements and provides for immediate approval of the lease applications needed to operate these systems. In the 2017 Further Notice, 82 FR 22780, the Commission sought comment on a process for wireless providers to disable contraband wireless devices once they have been identified. The Commission also sought comment on additional methods and technologies that might prove successful in combating contraband device use in correctional facilities, and on various other proposals related to the authorization process for CISs and their deployment. In the Second Report and Order, the Commission takes further steps to facilitate the deployment and viability of technological solutions used to combat contraband wireless devices in correctional facilities. The Second Report and Order adopts a framework requiring the disabling of contraband wireless devices detected in correctional facilities upon satisfaction of certain criteria, and the Commission addresses issues involving oversight, wireless provider liability, and treatment of 911 calls. The Second Report and Order further adopts rules requiring advance notice of certain wireless provider network changes to promote and maintain contraband interdiction system effectiveness. In the Second Further Notice of Proposed Rulemaking, the Commission takes further steps to facilitate the deployment and viability of technological solutions used to combat contraband wireless devices in correctional facilities. The Second Further Notice of Proposed Rulemaking seeks further comment on the relative effectiveness, viability, and cost of additional technological solutions to combat contraband phone use in correctional facilities previously identified in the record. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/18/13 78 FR 36469 NPRM Comment Period End............. 08/08/13 ....................... FNPRM............................... 05/18/17 82 FR 22780 R&O................................. 05/18/17 82 FR 22742 Final Rule Effective (Except for 06/19/17 ....................... Rules Requiring OMB Approval). FNPRM Comment Period End............ 07/17/17 ....................... Final Rule Effective for 47 CFR 10/20/17 82 FR 48773 1.9020(n), 1.9030(m), 1.9035 (o), and 20.23(a). Final Rule Effective for 47 CFR 02/12/18 ....................... 1.902(d)(8), 1.9035(d)(4), 20.18(a), and 20.18(r). 2nd FNPRM........................... 08/13/21 86 FR 44681 2nd R&O............................. 08/13/21 86 FR 44635 2nd FNPRM Comment Period End........ 09/13/21 ....................... Final Rules Effective (except for 09/13/21 ....................... those requiring OMB approval). Reply Comment Period End............ 10/12/21 ....................... Final Rule Effective................ 05/03/22 87 FR 26139 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Melissa Conway, Attorney Advisor, Mobility Div., Wireless Bureau, Federal Communications Commission, 445 12th Street SW, Washington, DC 20554, Phone: 202 418-2887, Email: [email protected]. RIN: 3060-AK06 326. Promoting Investment in the 3550-3700 MHz Band; GN Docket No. 17- 258 [3060-AK12] Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 154(i); 47 U.S.C. 154(j) ; 47 U.S.C. 302(a); 47 U.S.C. 303 and 304; 47 U.S.C. 307(e); 47 U.S.C. 316 Abstract: The Report and Order and Second Further Notice of Proposed Rulemaking (NPRM) adopted by the Commission established a new Citizens Broadband Radio Service for shared wireless broadband use of the 3550 to 3700 MHz band. The Citizens Broadband Radio Service is governed by a three-tiered spectrum authorization [[Page 66940]] framework to accommodate a variety of commercial uses on a shared basis with incumbent Federal and non-Federal users of the band. Access and operations will be managed by a dynamic spectrum access system. The three tiers are: Incumbent Access, Priority Access, and General Authorized Access. Rules governing the Citizens Broadband Radio Service are found in part 96 of the Commission's rules. The Order on Reconsideration and Second Report and Order addressed several Petitions for Reconsideration submitted in response to the Report and Order and resolved the outstanding issues raised in the Second Further Notice of Proposed Rulemaking. The 2017 NPRM sought comment on limited changes to the rules governing Priority Access Licenses in the band, adjacent channel emissions limits, and public release of base station registration information. The 2018 Report and Order addressed the issues raised in the 2017 NPRM and implemented changes rules governing Priority Access Licenses in the band and public release of base station registration information. On July 2020, the Commission commenced an auction of Priority Access Licenses in the band. ``Winning bidders were announced on September 2, 2020''. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/08/13 78 FR 1188 NPRM Comment Period End............. 03/19/13 ....................... FNPRM............................... 06/02/14 79 FR 31247 FNPRM Comment Period End............ 08/15/14 ....................... R&O and 2nd FNPRM................... 06/15/15 80 FR 34119 2nd FNPRM Comment Period End........ 08/14/15 ....................... Order on Recon and 2nd R&O.......... 07/26/16 81 FR 49023 NPRM................................ 11/28/17 82 FR 56193 NPRM Comment Period End............. 01/29/18 ....................... R&O................................. 12/07/18 83 FR 6306 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Paul Powell, Assistant Chief, Mobility Division, WTB, Federal Communications Commission, Wireless Telecommunications Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1613 Email: [email protected]. RIN: 3060-AK12 327. Updating Part 1 Competitive Bidding Rules (WT Docket No. 14-170) [3060-AK28] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 303(r); 47 U.S.C. 309(j); 47 U.S.C. 316 Abstract: This proceeding was initiated to revise some of the Commission's general part 1 rules governing competitive bidding for spectrum licenses to reflect changes in the marketplace, including the challenges faced by new entrants, as well as to advance the statutory directive to ensure that small businesses, rural telephone companies, and businesses owned by members of minority groups and women are given the opportunity to participate in the provision of spectrum-based services. In July 2015, the Commission revised its competitive bidding rules, specifically adopting revised requirements for eligibility for bidding credits, a new rural service provider bidding credit, a prohibition on joint bidding agreements and other changes. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/14/14 79 FR 68172 Public Notice....................... 03/16/15 80 FR 15715 Public Notice....................... 04/23/15 80 FR 22690 R&O................................. 09/18/15 80 FR 56764 Public Notice on Petitions for 11/10/15 80 FR 69630 Reconsideration. ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Kelly Quinn, Assistant Chief, Auctions and Spectrum Access Division, Federal Communications Commission, 445 12th Street SW, Washington, DC 20554, Phone: 202 418-0660, Email: [email protected]. RIN: 3060-AK28 328. Use of Spectrum Bands Above 24 GHz for Mobile Services--Spectrum Frontiers: WT Docket 10-112 [3060-AK44] Legal Authority: 47 U.S.C. 151 to 154; 47 U.S.C. 157; 47 U.S.C. 160; 47 U.S.C. 201; 47 U.S.C. 225; 47 U.S.C. 227; 47 U.S.C. 301 and 302; 47 U.S.C. 302(a); 47 U.S.C. 303 and 304; 47 U.S.C. 307; 47 U.S.C. 309 and 310; 47 U.S.C. 316; 47 U.S.C. 319; 47 U.S.C. 332; 47 U.S.C. 336; 47 U.S.C. 1302 Abstract: In this proceeding, the Commission adopted service rules for licensing of mobile and other uses for millimeter wave (mmW) bands. These high frequencies previously have been best suited for satellite or fixed microwave applications; however, recent technological breakthroughs have newly enabled advanced mobile services in these bands, notably including very high speed and low latency services. This action will help facilitate Fifth Generation mobile services and other mobile services. In developing service rules for mmW bands, the Commission will facilitate access to spectrum, develop a flexible spectrum policy, and encourage wireless innovation. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/13/16 81 FR 1802 NPRM Comment Period End............. 02/26/16 ....................... FNPRM............................... 08/24/16 81 FR 58269 Comment Period End.................. 09/30/16 ....................... FNPRM Reply Comment Period End...... 10/31/16 ....................... R&O................................. 11/14/16 81 FR 79894 R&O................................. 01/02/18 83 FR 37 FNPRM............................... 01/02/18 83 FR 85 FNPRM Comment Period End............ 01/23/18 ....................... R&O................................. 07/20/18 83 FR 34478 FNPRM............................... 07/20/18 83 FR 34520 FNPRM Comment Period End............ 09/28/18 ....................... R&O................................. 02/05/19 84 FR 1618 R&O................................. 05/01/19 84 FR 18405 NPRM-Correction..................... 04/25/19 84 FR 17360 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: John Schauble, Deputy Chief, Broadband Division, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0797, Email: [email protected]. RIN: 3060-AK44 329. Expanding Flexible Use of the 3.7 to 4.2 GHz Band: GN Docket No. 18-122 [3060-AK76] Legal Authority: 47 U.S.C. 151 to 153; 47 U.S.C. 154(i); 47 U.S.C. 157; 47 U.S.C. 201; 47 U.S.C. 301 to 304; 47 U.S.C. 307 to 310; 47 U.S.C. 1302; . . . Abstract: In the 2020 Report and Order, the Commission adopted rules to make 280 megahertz of mid-band spectrum available for flexible use (plus a 20-megahertz guard band) throughout the contiguous United States. Pursuant to the Report and Order, existing fixed satellite service (FSS) and fixed services (FS) must relocate operations out of the lower portion of the 3.7-4.0 GHz band. The Commission will issue flexible use licenses in the 3.7-3.98 GHz portion of [[Page 66941]] the band in the contiguous United States via a system of competitive bidding. The Commission established rules to govern the transition including optional payments for satellite operators that choose to relocate on an accelerated schedule and provide reimbursement to FSS operators and their associated earth stations for reasonable expenses incurred to facilitate the transition. The Report and Order also established service and technical rules for the new flexible use licenses that will be issued in the 3.7-3.98 GHz portion of the band. ``On December 8, 2020, the Commission began an auction of licenses in the 3.7-3.98 GHz portion of the band. The winning bidders were announced on February 24, 2021''. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/29/18 83 FR 44128 NPRM Comment Period End............. 11/27/18 ....................... Public Notice....................... 05/20/19 84 FR 22733 Certifications and Data Filing 05/28/19 ....................... Deadline. Public Notice....................... 06/03/19 84 FR 22514 Public Notice Comment Period End.... 07/03/19 ....................... Public Notice Reply Comment Period 07/18/19 ....................... End. R&O................................. 04/23/20 85 FR 22804 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Paul Powell, Assistant Chief, Mobility Division, WTB, Federal Communications Commission, Wireless Telecommunications Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1613, Email: [email protected]. RIN: 3060-AK76 330. Amendment of the Commission's Rules To Promote Aviation Safety: WT Docket No. 19-140 [3060-AK92] Legal Authority: 47 U.S.C. 154; 47 U.S.C. 303; 307(e) Abstract: The Federal Communications Commission regulates the Aviation Radio Service, a family of services using dedicated spectrum to enhance the safety of aircraft in flight, facilitate the efficient movement of aircraft both in the air and on the ground, and otherwise ensure the reliability and effectiveness of aviation communications. Recent technological advances have prompted the Commission to open this new rulemaking proceeding to ensure the timely deployment and use of today's state-of-the-art safety-enhancing technologies. With this Notice of Proposed Rulemaking, the Commission proposes changes to its part 87 Aviation Radio Service rules to support the deployment of more advanced avionics technology, increase the efficient use of limited spectrum resources, and generally improve aviation safety. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/02/19 84 FR 31542 NPRM Comment Period End............. 09/03/19 ....................... NPRM Reply Comment Period End....... 09/30/19 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jeff Tobias, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1617, Email: [email protected]. RIN: 3060-AK92 331. Implementation of State and Local Governments' Obligation To Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012 (WT Docket No. 19-250) [3060-AL29] Legal Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461, unless otherwise noted. Abstract: In this proceeding, the Commission seeks to reduce regulatory barriers to wireless infrastructure deployment by further streamlining the state and local government review process for modifications to existing wireless infrastructure under section 6409(a) of the Spectrum Act of 2012. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/02/20 85 FR 39859 Declaratory Ruling.................. 07/27/20 85 FR 45126 NPRM Comment Period End............. 08/03/20 ....................... R&O................................. 12/03/20 85 FR 78005 Petition for Recon.................. 03/03/21 86 FR 12898 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Allison Jones, Associate Division Chief, CIPD, Wireless Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1571, Email: [email protected]. Garnet Hanly, Division Chief, Wireless Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0995, Email: [email protected]. RIN: 3060-AL29 332. Expanding Flexible Use of the 12.2-12.7 GHz Band, et al., WT Docket No. 20-443, ET AL [3060-AL40] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 152; 47 U.S.C. 153; 47 U.S.C. 154; 47 U.S.C. 155; 47 U.S.C. 157; 47 U.S.C. 301; 47 U.S.C. 302; 47 U.S.C. 303; 47 U.S.C. 304; 47 U.S.C. 307; 47 U.S.C. 309; 47 U.S.C. 310; 47 U.S.C. 316 Abstract: The Federal Communications Commission (Commission or FCC) finds that it is not in the public interest to add a mobile allocation to permit a two-way terrestrial 5G service in the 12.2 GHz band based on the current record and seeks further comment on how it could facilitate more robust terrestrial operations in the 12.212.7 GHz band. The item specifically seeks comment on how its proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility, as well as the scope of the Commission's relevant legal authority. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/08/21 86 FR 13266 NPRM Comment Period End............. 04/07/21 ....................... NPRM Reply Comment Period End....... 05/07/21 ....................... NPRM................................ 04/16/21 86 FR 20111 NPRM Extension Comment Period End... 05/07/21 ....................... NPRM Extension Reply Comment Period 06/07/21 ....................... End. NPRM Denial of Further Extension of 05/27/21 86 FR 28520 Deadlines for Filing Comments and Reply Comments. NPRM................................ 06/22/21 86 FR 32669 NPRM Extension Reply Comment Period. 07/07/21 ....................... Report and Order.................... 07/10/23 88 FR 43462 FNPRM............................... 07/10/23 88 FR 43502 FNPRM Comment Period End............ 08/09/23 ....................... FNPRM Reply Comment Period End...... 09/08/23 ....................... [[Page 66942]] NPRM................................ 09/18/23 88 FR 63890 NPRM Comment Period End............. 09/08/23 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Madelaine Maior, Assistant Division Chief, Broadband Div., WTB, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1466, Email: [email protected]. RIN: 3060-AL40 333. Facilitating Shared Use in the 3100-3550 MHz Band [3060-AL57] Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 154(i); 47 U.S.C. 155(c) and 157; 47 U.S.C. 301 and 303; 47 U.S.C. 307 and 308; 47 U.S.C. 309; 47 U.S.C. 309(j)(3)(B) and 309(j)(4)(D); 47 U.S.C. 310 and 316; 47 U.S.C. 923(g) and 928; 47 U.S.C. 1502; Pub. L. 115-141, sec. 603; Pub. L. 116-260, sec. 905 Abstract: In the 3.45 GHz Band Second R&O, the Commission adopted rules to make 100 megahertz of mid-band spectrum available for flexible use throughout the contiguous United States. To facilitate this goal, the Commission previously had determined that secondary, nonfederal radiolocation licensees in the band would be relocated to the 2.9-3.0 GHz band. In the 3.45 GHz Band Second R&O, the Commission further determined that secondary, non-federal radiolocation authorizations would sunset 180 days after new 3.45 GHz Service licenses are granted in the band. On January 4, 2022, the auction for these new licenses concluded and licenses were granted on May 4, 2022. The non-federal radiolocation authorizations sunset on October 31, 2022. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/22/20 85 FR 3579 NPRM Comment Period End............. 03/23/20 ....................... Final Rule.......................... 10/09/20 85 FR 64062 Report & Order and FNPRM............ 10/21/20 85 FR 66888 FNPRM Comment Period End............ 11/20/20 ....................... Correction to Final Rule............ 11/03/20 85 FR 69515 Report & Order, Order on 04/07/21 86 FR 17920 Reconsideration and Order of Proposed Modification. Final Rule and Order................ 12/22/22 87 FR 78579 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Morgan Mendenhall, Attorney Advisor, Wireless Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0154, Email: [email protected]. RIN: 3060-AL57 334. Shared Use of the 42-42.5 GHz Band (WT Docket No. 23-158, GN Docket No. 14-177) [3060-AL68] Legal Authority: 47 U.S.C. 151 thru 152; 47 U.S.C. 154; 47 U.S.C. 301 and 302a; 47 U.S.C. 303 and 304; 47 U.S.C. 307 and 309 Abstract: The Federal Communications Commission seeks comment on how innovative, non-exclusive spectrum access models might be deployed in the 42 GHz band (42-42.5 GHz) to provide increased access to high- band spectrum, particularly by smaller wireless service providers, and to support efficient, intensive use of the band. The Commission also seeks comment on how potential sharing and licensing regimes might lower barriers to entry for smaller or emerging wireless service providers, encourage competition, and prevent spectrum warehousing. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/31/23 88 FR 49423 NPRM Comment Period End............. 08/30/23 ....................... NPRM Reply Comment Period End....... 09/29/23 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Catherine Schroeder, Attorney Advisor, Broadband Div., Wireless Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 428-1956, Email: [email protected]. Katherine Schroder, Attorney, Federal Communications Commission, Common Carrier Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7400, Email: [email protected]. RIN: 3060-AL68 335. Single Network Future: Supplemental Coverage From Space, GN Docket No. 23-65 [3060-AL69] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 157; 47 U.S.C. 301 and 303; 47 U.S.C. 307 and 308; 47 U.S.C. 309 and 310 Abstract: In the 2023 Notice of Proposed Rulemaking, the Commission proposed a new regulatory framework for Supplemental Coverage from Space (SCS) that would facilitate the integration of satellite and terrestrial networks through partnerships between satellite operators and terrestrial service providers on flexible-use spectrum licensed to terrestrial services. The proposed framework would enable expanded coverage to a terrestrial licensee's subscribers, especially in remote, unserved, and underserved areas, and would increase the availability of emergency communications. In the 2024 Report and Order, the Commission adopted a regulatory framework for SCS that will serve important public interest goals, including expanding the reach of communications services, particularly emergency services, so that connectivity and emergency assistance is available in more remote places. The framework will also spur advancements in space-based technologies that will position the United States as a global leader in this arena, and promote the innovative and efficient use of our nation's spectrum resources. The Commission authorized SCS only in certain spectrum bands and only where one or more terrestrial licensees together holding all licenses on the relevant channel throughout a defined geographically independent area lease access to their spectrum rights to a participating satellite operator. The Report and Order also imposed technical rules in an effort to mitigate harmful interference. In the Report and Order, in recognition that this new offering has the potential to bring life-saving connectivity to remote areas, the Commission adopted interim 911 call and text routing requirements to ensure that help is available to those who need it today while the Commission works toward enabling automatic location-based routing of all emergency communications. In the 2024 Further Notice of Proposed Rulemaking, the Commission sought to further develop the record on 911 service for SCS connections, including the use of location-based routing to route SCS voice calls directly to an appropriate Public Safety Answering Point. In addition, the Commission sought further [[Page 66943]] comment on procedures related to the protection of radio astronomy. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/12/23 88 FR 21944 NPRM Comment Period End............. 06/12/23 ....................... Report and Order.................... 03/15/24 ....................... FNPRM............................... 03/15/24 ....................... FNPRM Comment Period End............ 04/15/24 ....................... ----------------------------------- Final Rule Effective (Rules To Be Determined Requiring OMB Approval). ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jonathan Markman, Attorney Advisor, Mobility Division, Wireless Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7090, Email: [email protected]. RIN: 3060-AL69 336. Modifying Emissions Limits For the 24.25-24.45 GHz and 24.75-25.25 GHz Bands (ET Docket No. 21-186) [3060-AL80] Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 201; 47 U.S.C. 302; 47 U.S.C. 302(a) and 302(r) ; 47 U.S.C. 308; 47 U.S.C. 309; 47 U.S.C. 333 Abstract: In this Notice of Proposed Rulemaking, the Federal Communications Commission propose to implement certain decisions regarding the 24.25-27.5 GHz band made in the World Radiocommunication Conference held by the International Telecommunication Union (ITU) in 2019 (WRC-19). Specifically, it proposes to align part 30 of the Commission's rules for mobile operations with the Resolution 750 limits on unwanted emissions into the passive 23.6-24.0 GHz band that were adopted at WRC-19. These proposed rule changes would help to facilitate the protection of passive sensors used for weather forecasting and scientific research in the 23.6 GHz-24.0 GHz band, while continuing to promote flexible commercial use of the 24.25-24.45 GHz and 24.75-25.25 GHz bands. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/29/24 89 FR 5440 NPRM Comment Period End............. 02/28/24 ....................... NPRM Reply Comment End.............. 03/14/24 ....................... Interim Final Rule Comment Period 02/08/24 89 FR 8621 End. ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Simon Banyai, Attorney Advisor, Broadband Division, Wireless Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1443, Email: [email protected]. RIN: 3060-AL80 337. Alaska Connect Fund Notice of Proposed Rulemaking [3060- AL81] Legal Authority: 47 U.S.C. 151 thru 152; 47 U.S.C. 154 thru 155; 47 U.S.C. 201 thru 206; 47 U.S.C. 214; 47 U.S.C. 218 thru 220; 47 U.S.C. 251 thru 252; 47 U.S.C. 254 and 256; 47 U.S.C. 301 and 303; 47 U.S.C. 309; 47 U.S.C. 332; 47 U.S.C. 403 Abstract: On October 19, 2023, the Commission adopted a Notice of Proposed Rulemaking to explore how the universal service high-cost support program can continue funding fixed and mobile broadband services in Alaska one of the hardest to serve areas in the country. The Commission sought comment to better understand the changes, including technology and the broadband funding landscape, that have occurred in Alaska since 2016 when the Commission adopted the currently operative, ten-year Alaska Plan, which, alongside two other fixed-high cost programs in Alaska, is scheduled to wind-down in the next few years. The proposed rulemaking sought comment on a number of issues to help the Commission determine the most effective methodologies and uses for future universal service funding for high-cost fixed and mobile services in Alaska. As part of the rulemaking, the Commission will leverage data from the agency's new and improved broadband coverage map and broadband funding map, which provide a more accurate picture of where service is and is not, and where deployment has already been funded, in Alaska. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/17/23 88 FR 80238 NPRM Comment Period End............. 02/15/24 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Matt Warner, Attorney Advisor, Wireless Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2419, Email: [email protected]. RIN: 3060-AL81 338. Indian Peak Properties LLC Petitions for Declaratory Ruling Seeking Preemption Under the Rule Governing Over-the-Air Reception Devices [3060-AL82] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) and 154(j); 47 U.S.C. 155(c); 47 U.S.C. 201(b); 47 U.S.C. 202(a); 47 U.S.C. 205; 47 U.S.C. 251; 47 U.S.C. 253; 47 U.S.C. 303; 47 U.S.C. 316; 47 U.S.C. 332; Pub. L. 104-104, 207, 706, 110 Stat. 56, 114, 153 Abstract: In its Application for Review, Indian Peak sought review of decisions by the Wireless Telecommunications Bureau and the Media Bureau to deny its petition for protection under the Over-the-Air- Reception-Device (OTARD) rule of antennas it had placed on the roof of a single family home in a residential neighborhood. Indian Peak was operating the home as a commercial communications site. The Order on Review denies in part and dismisses in part the application for review. In denying the application for review, the Order on Review clarifies that to qualify for protection under the OTARD rule, the equipment must benefit a human end-user on the premises. Section 207 of the Telecommunications Act of 1996 directed the Commission to promulgate regulations to prohibit restrictions that impair a viewer's ability to receive video programming services through devices designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service, or direct broadcast satellite services. To meet this requirement, the Commission adopted the OTARD rule. The Commission subsequently expanded the scope of the rule so that it now covers wireless broadband antennas including hub and relay antennas. Beginning in 2004, when the rule was expanded to cover equipment designed to receive wireless broadband signal, the Commission began using the term customer in place of viewer. The facts pled by Indian Peak were vague but indicated that the property was largely an unmanned communications site with equipment that was controlled remotely by offsite personnel. In the Order on Review, the Commission clarifies that the use of the [[Page 66944]] term viewer in section 207 of the Telecommunications Act of 1996 signaled Congress's intent to protect the rights of a human being to receive signal, and therefore to qualify for protection under the OTARD rule an applicant must plead facts sufficient to establish that the equipment provides signal to a human end-user on the premises. The Commission's use of the term customer in place of viewer does not alter this basic requirement of the rule. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Allison Jones, Associate Division Chief, CIPD, Wireless Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1571, Email: [email protected]. RIN: 3060-AL82 FEDERAL COMMUNICATIONS COMMISSION (FCC) Wireline Competition Bureau Long-Term Actions 339. Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information (CC Docket No. 96-115), Data Breach Reporting Requirements (WC Docket No. 22-21) [3060-AG43] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 222; 47 U.S.C. 272; 47 U.S.C. 303(r) Abstract: The Commission adopted rules implementing the new statutory framework governing carrier use and disclosure of customer proprietary network information (CPNI) created by section 222 of the Communications Act of 1934, as amended. CPNI includes, among other things, to whom, where, and when a customer places a call, as well as the types of service offerings to which the customer subscribes and the extent to which the service is used. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/28/96 61 FR 26483 Public Notice....................... 02/25/97 62 FR 8414 Second R&O and FNPRM................ 04/24/98 63 FR 20364 Order on Recon...................... 10/01/99 64 FR 53242 Final Rule, Announcement of 01/26/01 66 FR 7865 Effective Date. Clarification Order and Second NPRM. 09/07/01 66 FR 50140 Third R&O and Third FNPRM........... 09/20/02 67 FR 59205 NPRM................................ 03/15/06 71 FR 13317 NPRM................................ 06/08/07 72 FR 31782 Final Rule, Announcement of 06/08/07 72 FR 31948 Effective Date. Public Notice....................... 07/13/12 77 FR 35336 Final Rule.......................... 09/21/17 82 FR 44188 NPRM................................ 01/23/23 88 FR 3953 NPRM Comment Period End............. 02/23/23 ....................... NPRM Reply Comment Period End....... 03/24/23 ....................... Report and Order.................... 02/12/24 89 FR 9968 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Melissa Kirkel, Deputy Division Chief, Wireline Competition Bureau, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7958, Fax: 202 418-1413, Email: [email protected]. RIN: 3060-AG43 340. Local Telephone Networks That LECs Must Make Available to Competitors [3060-AH44] Legal Authority: 47 U.S.C. 251 Abstract: The Commission adopted rules applicable to incumbent local exchange carriers (LECs) to permit competitive carriers to access portions of the incumbent LECs' networks on an unbundled basis. Unbundling allows competitors to lease portions of the incumbent LECs' network to provide telecommunications services. These rules, adopted in dockets CC 96-98, WC 01-338, and WC 04-313, are intended to accelerate the development of local exchange competition. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Second FNPRM........................ 04/26/99 64 FR 20238 Fourth FNPRM........................ 01/14/00 65 FR 2367 Errata Third R&O and Fourth FNPRM... 01/18/00 65 FR 2542 Second Errata Third R&O and Fourth 01/18/00 65 FR 2542 FNPRM. Supplemental Order.................. 01/18/00 65 FR 2542 Third R&O........................... 01/18/00 65 FR 2542 Correction.......................... 04/11/00 65 FR 19334 Supplemental Order Clarification.... 06/20/00 65 FR 38214 Public Notice....................... 02/01/01 66 FR 8555 Public Notice....................... 03/05/01 66 FR 18279 Public Notice....................... 04/10/01 ....................... Public Notice....................... 04/23/01 ....................... Public Notice....................... 05/14/01 ....................... NPRM................................ 01/15/02 67 FR 1947 Public Notice....................... 05/29/02 ....................... Public Notice....................... 08/01/02 ....................... Public Notice....................... 08/13/02 ....................... NPRM................................ 08/21/03 68 FR 52276 R&O and Order on Remand............. 08/21/03 68 FR 52276 Errata.............................. 09/17/03 ....................... Report.............................. 10/09/03 68 FR 60391 Order............................... 10/28/03 ....................... Order............................... 01/09/04 ....................... Public Notice....................... 01/09/04 ....................... Public Notice....................... 02/18/04 ....................... Order............................... 07/08/04 ....................... Second R&O.......................... 07/08/04 69 FR 43762 Order on Recon...................... 08/09/04 69 FR 54589 Interim Order....................... 08/20/04 69 FR 55111 NPRM................................ 08/20/04 69 FR 55128 Public Notice....................... 09/10/04 ....................... Public Notice....................... 09/13/04 ....................... Public Notice....................... 10/20/04 ....................... Order on Recon...................... 12/29/04 69 FR 77950 Order on Remand..................... 02/04/04 ....................... Public Notice....................... 04/25/05 70 FR 29313 Public Notice....................... 05/25/05 70 FR 34765 Declaratory Ruling.................. 05/26/11 ....................... NPRM................................ 01/06/20 85 FR 472 NPRM Comment Period End............. 03/06/20 ....................... Report & Order...................... 01/08/21 86 FR 1636 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Edward Krachmer, Deputy Division Chief, Wireline Competition Bureau, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1525, Email: [email protected]. RIN: 3060-AH44 341. Jurisdictional Separations [3060-AJ06] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) and 154(j); 47 U.S.C. 205; 47 U.S.C. 221(c); 47 U.S.C. 254; 47 U.S.C. 403; 47 U.S.C. 410 Abstract: Jurisdictional separations is the process, pursuant to part 36 of the Commission's rules, by which incumbent local exchange carriers apportion regulated costs between the intrastate and interstate jurisdictions. In 1997, the Commission initiated a proceeding seeking comment on the extent to which legislative changes, technological changes, and marketplace changes warrant comprehensive reform of the separations process. In 2001, the Commission adopted the Federal-State Joint Board on Jurisdictional Separations' Joint Board's [[Page 66945]] recommendation to impose an interim freeze on the part 36 category relationships and jurisdictional cost allocation factors for a period of 5 years, pending comprehensive reform of the part 36 separations rules. In 2006, the Commission issued an Order and Further Notice of Proposed Rulemaking that extended the separations freeze for a period of 3 years and sought comment on comprehensive reform. In 2009, the Commission issued a Report and Order extending the separations freeze an additional year to June 2010. In 2010, the Commission issued a Report and Order extending the separations freeze for an additional year to June 2011. In 2011, the Commission adopted a Report and Order extending the separations freeze for an additional year to June 2012. In 2012, the Commission issued a Report and Order extending the separations freeze for an additional 2 years to June 2014. In 2014, the Commission issued a Report and Order extending the separations freeze for an additional 3 years to June 2017. In 2016, the Commission issued a Report and Order extending the separations freeze for an additional 18 months until January 1, 2018. In 2017, the Joint Board issued a Recommended Decision recommending changes to the part 36 rules designed to harmonize them with the Commission's previous amendments to its part 32 accounting rules. In February 2018, the Commission issued a Notice of Proposed Rulemaking proposing amendments to part 36 consistent with the Joint Board's recommendations. In October 2018, the Commission issued a Report and Order adopting each of the Joint Board's recommendations and amending the Part 36 consistent with those recommendations. In July 2018, the Commission issued a Notice of Proposed Rulemaking proposing to extend the separations freeze for an additional 15 years and to provide rate- of-return carriers that had elected to freeze their category relationships a time limited opportunity to opt out of that freeze. In December 2018, the Commission issued a Report and Order extending the freeze for up to 6 years until December 31, 2024, and granting rate-of- return carriers that had elected to freeze their category relationships a one-time opportunity to opt out of that freeze. On March 31, 2020, the United States Court of Appeals for the District of Columbia Circuit affirmed the Commission's December 2018 Report and Order. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/05/97 62 FR 59842 NPRM Comment Period End............. 12/10/97 ....................... Order............................... 06/21/01 66 FR 33202 Order and FNPRM..................... 05/26/06 71 FR 29882 Order and FNPRM Comment Period End.. 08/22/06 ....................... R&O................................. 05/15/09 74 FR 23955 R&O................................. 05/25/10 75 FR 30301 R&O................................. 05/27/11 76 FR 30840 R&O................................. 05/23/12 77 FR 30410 R&O................................. 06/13/14 79 FR 36232 R&O................................. 06/02/17 82 FR 25535 Recommended Decision................ 10/27/17 ....................... NPRM................................ 03/13/18 83 FR 10817 NPRM Comment Period End............. 04/27/18 ....................... NPRM................................ 07/27/18 83 FR 35589 NPRM Comment Period End............. 09/10/18 ....................... R&O................................. 12/11/18 83 FR 63581 R&O................................. 02/15/19 84 FR 4351 Announcement of OMB Approval........ 03/01/19 84 FR 6977 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Irina Asoskov, Assistant Division Chief, Pricing Policy Div. Wireline Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7122, Fax: 202 418- 1413, Email: [email protected]. William A. Kehoe III, Senior Counsel, Policy & Program Planning Division, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7122, Email: [email protected]. RIN: 3060-AJ06 342. Rates for Inmate Calling Services; WC Docket No. 12-375; Incarcerated People's Communications Services; Implementation of the Martha Wright-Reed Act, WC Docket No. 23-62 [3060-AK08] Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 154(i) and (j); 47 U.S.C. 201(b); 47 U.S.C. 218; 47 U.S.C. 220; 47 U.S.C. 276; 47 U.S.C. 403; 47 CFR 64; Martha Wright-Reed Just and Reasonable Communications Act of 2022; Pub. L. 117-338, 136 Stat. 6156; 47 U.S.C. 152(b) and 153(1)(E); 47 U.S.C. 276(b)(1)(A) and (d) Abstract: In the Second Report and Order, the Federal Communications Commission (the Commission) adopted rule changes to ensure that rates for both interstate and intrastate inmate calling services (ICS) are fair, just, and reasonable limits on ancillary service charges imposed by ICS providers. In the Second Report and Order, the Commission set caps on all interstate and intrastate calling rates for ICS, established a tiered rate structure based on the size and type of facility being served, limited the types of ancillary services that ICS providers may charge for and capped the charges for permitted fees, banned flat-rate calling, facilitated access to ICS by people with disabilities by requiring providers to offer free or steeply discounted rates for calls using TTY, and imposed reporting and certification requirements to facilitate continued oversight of the ICS market. In the Third Further Notice portion of the item, the Commission sought comment on ways to promote competition for ICS, video visitation, and rates for international calls, and considered an array of solutions to further address areas of concern in the ICS industry. In an Order on Reconsideration, the Commission amended its rate caps and the definition of ``mandatory tax or mandatory fee''. On June 13, 2017, the D.C. Circuit vacated the rate caps adopted in the Second Report and Order, as well as reporting requirements related to video visitation. The court held that the Commission lacked jurisdiction over intrastate ICS calls and that the rate caps the Commission adopted for interstate calls were arbitrary and capricious. The court also remanded the Commission's caps on ancillary fees. On September 26, 2017, the court denied a petition for rehearing en banc. On December 21, 2017, the court issued two separate orders: one vacating the 2016 Order on Reconsideration insofar as it purported to set rate caps on inmate calling services, and one dismissing as moot challenges to the Commission's First Report and Order on ICS. On February 4, 2020, the Commission's Wireline Competition Bureau (WCB) released a Public Notice seeking to refresh the record on ancillary service charges imposed in connection with ICS. On August 6, 2020, the Commission adopted a Report and Order on Remand and a Fourth Further Notice of Proposed Rulemaking responding to remands by the D.C. Circuit and proposing to comprehensively reform rates and charges for the ICS within the Commission's jurisdiction. The Report and Order on Remand found that the Commission's five permitted ancillary service charges: (1) automated payment fees; (2) fees for single-call and related services; (3) live agent fees; (4) paper bill/ statement fees; and (5) third-party [[Page 66946]] financial transaction fees generally, cannot be practically segregated between interstate and intrastate inmate telephone calls, except in a limited number of cases. Accordingly, the Commission prohibited ICS providers from imposing ancillary service fees higher than the Commission's caps, or imposing fees for additional ancillary services unless imposed in connection with purely intrastate inmate telephone service calls. The Order also reinstated a rule prohibiting providers from marking up third-party fees for single-call services; reinstated rule language that prohibits providers from marking up mandatory taxes or fees that they pass on to inmate telephone service consumers; and amended certain of the ICS rules consistent with the D.C. Circuit's mandates to reflect that the Commission's rate and fee caps on ICS apply only to interstate and international inmate calling. The Fourth Further Notice of Proposed Rulemaking proposed to substantially reduce the interstate rate cap for inmate telephone calls from the current interim rate caps of $0.21 per minute for debit or prepaid calls and $0.25 per minute for collect calls for all types of correctional facilities, to permanent rate caps of $0.14 per minute for all interstate calls from prisons and $0.16 for all interstate calls from jails. The Fourth Further Notice of Proposed Rulemaking also proposed to adopt rate caps for international ICS calls for the first time based on the proposed interstate rate caps, plus the amount that the provider must pay its underlying international service provider for an international call. It also proposed a waiver process for providers that believe the Commission's rate caps would not allow them to recover their costs of serving a particular facility or contract. Finally, it sought comment on a further mandatory data collection to continue efforts to reform these rates and fees. On November 23, 2020, Global Tel*Link Corporation (GTL) filed a petition for reconsideration of the August 6, 2020 Order on Remand. On December 3, 2020, the Commission established the opposition and reply comment dates for the petition. On May 24, 2021, the Commission released the Third Report and Order, Order on Reconsideration and Fifth Further Notice of Proposed Rulemaking. In the Third Report and Order, the Commission: (1) substantially reduced the interim rate caps for interstate ICS from prisons and larger jails (those with 1,000 or more incarcerated people) from $0.21 per minute for debit and prepaid calls and $0.25 per minute for collect calls to new uniform interim interstate caps of $0.12 per minute for prisons and $0.14 per minute for larger jails; (2) maintained the interim interstate rate cap of $0.21 for jails with less than 1,000 incarcerated people because of insufficient record evidence to determine providers' costs of serving those facilities at the time; (3) eliminated separate treatment of collect calls, resulting in a uniform interim interstate rate cap for all types of calls at each facility; (4) reformed the treatment of site commission payments by specifying that providers may pass through to consumers (without any markup) site commission payments that are mandated by federal, state, or local law and that providers may pass through to consumers no more than $ 0.02 per minute site commission payments resulting from contractual obligations negotiated between providers and correctional officials; (5) capped, for the first time, international calling rates at all facilities at the applicable facility's total interstate rate cap, plus the amount the inmate calling services provider pays to its underlying wholesale carriers for completing international calls; (6) reformed the ancillary service charge caps for third-party financial transaction fees, including those related to calls that are billed on a per-call basis; and (7) adopted a new mandatory data collection to obtain more uniform cost data based on consistent, prescribed allocation methodologies to determine just and reasonable, permanent, interstate and international cost-based rates for facilities of all sizes. In the Order on Reconsideration, the Commission denied GTL's petition for reconsideration of a single sentence from the 2020 Remand Order, in which the Commission reminded providers that the jurisdictional nature of a call, that is whether it is interstate or intrastate, depends on the physical location of the endpoints of the call and not on whether the area code or NXX prefix of the telephone number associated with the account are associated with a particular state. The Commission determined that the end-to-end analysis has been, and remains, the generally applicable test for all telecommunications carriers in determining the jurisdiction of their calls and the Commission continues to use the traditional end-to-end jurisdictional analysis in setting rates for calls placed by ICS consumers. In the Fifth Further Notice, the Commission proposed to amend its rules to require calling service providers to provide access to all forms of Telecommunications Relay Services, including internet-based services, to facilitate greater accessibility for incarcerated people with hearing and speech disabilities. The Commission also sought comment on: (1) the methodology the Commission should use to set permanent per-minute rate caps for interstate and international inmate calling services; (2) site commission costs for facilities of all sizes and site commission reform generally; (3) the costs of providing services to jails with average daily populations of fewer than 1,000 incarcerated people; (4) whether and how the Commission should reform the ancillary service charge caps and how the Commission can curtail potentially abusive practices related to these charges; (5) whether to institute a recurring periodic data collection; and (6) whether some providers have market power in the bidding process, thereby impacting the competitiveness of the bidding process. On September 22, 2021, WCB and the Office of Economics and Analytics (OEA), (collectively, WCB/OEA) issued a Public Notice seeking comment on the contours and specific requirements of the Third Mandatory Data Collection, including proposed instructions and a proposed template for that collection. In issuing this Public Notice, WCB/OEA were acting pursuant to the Commission's directive, made in the 2021 ICS Order, that the new data collection obtain data on providers' operations, costs, demand, and revenues, among other information. As the Commission explained in that Order, the collected information would allow the Commission to set permanent interstate and international inmate calling services rate caps and to evaluate and, if warranted, revise the ancillary service charge caps. On December 15, 2021, WCB/OEA issued a Public Notice seeking comment on revised requirements for ICS Annual Reports, including proposed instructions, templates, and a provider certification. Specifically, the Public Notice proposed changes in the reporting requirements to align them with ICS rule changes adopted in the 2021 ICS Order. On January 18, 2022, WCB adopted an Order implementing the Third Mandatory Data Collection and adopted accompanying instructions, reporting templates, and a certification form. The collected information would allow the Commission to set permanent interstate and international inmate calling services rate caps and to evaluate and, if warranted, revise the current ancillary service charge caps. [[Page 66947]] On February 9, 2022, WCB released a public notice announcing that the providers' mandatory data collection responses will be due no later than June 30, 2022. On June 24, 2022, WCB adopted an Order implementing revisions to its annual reporting requirements, including accompanying instructions, reporting templates, and a certification form. The revisions were consistent with changes made in the Third Report and Order. On September 30, 2022, the Commission released the Fourth Report and Order, and Sixth Further Notice of Proposed Rulemaking. The Report and Order required ICS providers to provide access to all relay services eligible for Telecommunications Relay Services fund support in any correctional facility that is located where broadband is available and is part of a correctional system with 50 or more incarcerated people. This included the ability to place point-to-point video calls using American Sign Language. The rules also restricted provider charges for relay services and point-to-point video calls. More generally, the rules reduced certain charges and curtailed abusive practices related to ICS to ease the financial burdens on all incarcerated people and their families. To ensure that the rates, terms, and practices related to interstate and international ICS are just and reasonable, the Order prohibited providers from taking control of funds in inactive calling accounts until at least 180 calendar days of continuous inactivity had passed, after which providers are required to refund the balance or dispose of the funds in accordance with applicable state law. The Order also lowered the current ancillary fee caps on charges for single call services, and lowered the cap on provider charges for processing credit card, debit card, and other payments to calling services accounts. Finally, the Commission revised the definitions of ``Prison'' and ``Jail'' in its rules to conform with the Commission's intent in adopting them in 2015. In the Sixth Further Notice, the Commission sought additional comment on whether to allow enterprise registration for internet Protocol Captioned Telephone Service in carceral settings and how to address the special circumstances faced by some ICS providers in jurisdictions with average daily populations of fewer than 50 incarcerated persons. This Notice sought comment on refining the rules adopted in the Fifth Report and Order concerning the treatment of balances in inactive accounts. It also sought comment on expanding the breadth and scope of the Commission's consumer disclosure requirements. The Commission asked for comment on how it should use the data filed in response to the Third Mandatory Data Collection to establish just and reasonable permanent caps on interstate and international rates and associated ancillary service charges consistent with the Telecommunications Act of 1934 (the Act). The Commission invited further comment on allowing ICS providers to offer pilot programs allowing consumers to purchase calling services under alternative pricing structures. On March 17, 2023, the Commission opened a new docket, WC Docket No. 23-62, and released a Notice of Proposed Rulemaking and Order to begin implementation of the Martha Wright-Reed Just and Reasonable Communications Act of 2022, which was signed into law on January 5, 2023. The Martha Wright-Reed Act expands the Commission's authority over rates charged for incarcerated people's communications services, including intrastate services, and directs the Commission to adopt just and reasonable rates and charges for incarcerated people's audio and video communications services not earlier than 18 months and not later than 24 months after the date of its enactment. The Notice seeks comment on (1) the expansion of the Commission's authority over incarcerated people's communications services to include advanced communications services (including audio and video services) and intrastate services; (2) the meaning of ``just and reasonable'' in the context of the Act's other provisions; (3) the rate-making methodology the Commission should use to fulfill its mandate to ensure that rates and charges for incarcerated people's communications services are just and reasonable; (4) the safety and security costs necessary for the provision of incarcerated people's communications services; and (5) the actions the Commission should take to ensure that incarcerated people's communications services are accessible to, and usable by, people with communication disabilities. The accompanying Order reaffirmed the Commission's prior delegation of data collection authority to WCB/OEA and directed staff to initiate a collection of provider data to inform the Commission's responsibilities to implement the requirements of the Martha Wright-Reed Act. [Note: The Commission has historically used the term inmate calling services'' or ICS'' when referencing payphone service in the incarceration context. With the passage of the Martha Wright-Reed Act, the Commission now uses the term incarcerated people's communications services'' or IPCS'' instead of inmate calling services'' or ICS'' to refer to the broader range of communications services and providers subject to the Commission's jurisdiction as a result of the Act.] On April 28, 2023, the Wireline Competition Bureau and the Office of Economics and Analytics released a Public Notice seeking comment on a proposal to update the Commission's Third Mandatory Data Collection to encompass and collect data on all incarcerated people's communications services (IPCS) from all providers of those services subject to the Commission's expanded authority under the Martha Wright- Reed Just and Reasonable Communications Act. The proposed modifications included collecting information concerning any audio or video communications service used by incarcerated people for the purpose of communicating with non-incarcerated individuals, regardless of technology used. The Public Notice also sought comment on proposed modifications to the instructions, reporting template, and certification form to implement the modified mandatory data collection. On July 26, 2023, the Wireline Competition Bureau and the Office of Economics and Analytics released an Order adopting the modifications to the Third Mandatory Data Collection proposed in the April 28, 2023, Public Notice. The modifications included collecting information concerning any audio or video communications service used by incarcerated people for the purpose of communicating with non- incarcerated individuals, regardless of technology used. The Order adopted the proposed instructions, reporting template, and certification form. On August 3, 2023, the Wireline Competition Bureau and the Consumer and Governmental Affairs Bureau released a Public Notice seeking comment on proposed revisions to the Annual Reports and Annual Certifications that the Commission requires certain providers of IPCS to submit. The Public Notice proposed changes to the Annual Reports to (1) reflect expanded reporting requirements regarding access to IPCS by persons with communication disabilities and (2) seek data about video IPCS necessary to implement the Martha Wright-Reed Just and Reasonable Communications Act. The Public Notice also sought comment on proposed modifications to the instructions, reporting templates, and [[Page 66948]] certification form for the Annual Reports data collection. On October 31, 2023, IPCS providers filed their data submissions in response to the 2023 Mandatory Data Collection. Commission staff processed the submissions and on March [XX], 2024, WCB/OEA released a Public Notice announcing the availability of the preliminary 2023 Mandatory Data Collection database to eligible individuals pursuant to protective order. Commission Chairwoman Rosenworcel hosted IPCS listening sessions on October 27, 2023 in Chicago, IL and on February 1, 2024 in Charleston, SC. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/22/13 78 FR 4369 FNPRM............................... 11/13/13 78 FR 68005 R&O................................. 11/13/13 78 FR 67956 FNPRM Comment Period End............ 12/20/13 ....................... 2nd FNPRM........................... 11/21/14 79 FR 69682 2nd FNPRM Comment Period End........ 01/15/15 ....................... 2nd FNPRM Reply Comment Period End.. 01/20/15 ....................... 3rd FNPRM........................... 12/18/15 80 FR 79020 2nd R&O............................. 12/18/15 80 FR 79136 3rd FNPRM Comment Period End........ 01/19/16 ....................... 3rd FNPRM Reply Comment Period End.. 02/08/16 ....................... Order on Reconsideration............ 09/12/16 81 FR 62818 Announcement of OMB Approval........ 03/01/17 82 FR 12182 Correction to Announcement of OMB 03/08/17 82 FR 12922 Approval. Announcement of OMB Approval........ 02/06/20 85 FR 6947 Public Notice....................... 02/19/20 85 FR 9444 Public Notice Comment Period End.... 03/20/20 ....................... Public Notice Reply Comment Period 04/06/20 ....................... End. Letter.............................. 07/15/20 ....................... R&O on Remand & 4th FNPRM........... 08/06/20 85 FR 67450; 85 FR 67480; 85 FR 73233 Order............................... 09/01/20 ....................... Public Notice....................... 09/24/20 85 FR 66512 Public Notice....................... 10/23/20 ....................... Letter.............................. 11/13/20 ....................... Public Notice....................... 12/03/20 85 FR 83000 Order Extending Reply Comment 12/17/20 ....................... Deadline. Public Notice....................... 01/08/21 ....................... Comment Period End on 12/3/2020, 01/11/21 ....................... Public Notice End. Comment Period End on 12/3/2020, 01/21/21 ....................... Public Notice End. Public Notice....................... 03/03/21 ....................... 5th FNPRM........................... 07/28/21 86 FR 40416 3rd R&O............................. 07/28/21 86 FR 40682 3rd R&O............................. 07/28/21 86 FR 40340 Order............................... 08/10/21 86 FR 48952 Public Notice (MDC)................. 09/22/21 86 FR 54897 5th NPRM Comment Period End......... 09/27/21 ....................... Order Extending Reply Comment 10/15/21 86 FR 60438 Deadline. 5th NPRM Reply Comment Period End... 10/27/21 ....................... Comment Period End on 09/22/2021, 11/04/21 ....................... Public Notice End. Reply Comment Period on 09/22/2021, 11/19/21 ....................... Public Notice End. 5th NPRM Reply Comment Period End... 12/17/21 ....................... Public Notice on Annual Reports..... 01/04/22 87 FR 212 Comment Period End on 01/04/2022, 01/12/22 ....................... Public Notice End. Reply Period on 01/04/2022, Public 01/27/22 ....................... Notice End. Order Adopting MDC.................. 03/22/22 87 FR 16560 Order Adopting Annual Reports 08/02/22 87 FR 47103 Revisions. 4th R&O............................. 09/30/22 ....................... 6th FNPRM........................... 09/30/22 ....................... NPRM--Proposing Implementation of 04/07/23 88 FR 20804 Martha Wright-Reed Act. Public Notice--Proposing 2023 MDC... 05/03/23 88 FR 27850 Order--Adopting 2023 Mandatory Data 08/03/23 88 FR 51240 Collection. Public Notice--Proposing Annual 08/09/23 88 FR 53850 Report Revisions. Public Notice....................... 09/21/23 88 FR 65134 Public Notice....................... 10/20/23 ....................... NPRM................................ 01/16/24 89 FR 2514 Public Notice....................... 01/25/24 ....................... Public Notice....................... 02/28/24 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: David Zesiger, Deputy Division Chief, PPD, WCB, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-2081, Email: [email protected]. Erik Raven-Hansen, Assistant Division Chief, Pricing Policy Division, Wireline Comp., Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1532, Email: [email protected]. RIN: 3060-AK08 343. Comprehensive Review of the Part 32 Uniform System of Accounts (WC Docket No. 14-130) [3060-AK20] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 201(b); 47 U.S.C. 219 and 220 Abstract: The Commission initiates a rulemaking proceeding to review the Uniform System of Accounts (USOA) to consider ways to minimize the compliance burdens on incumbent local exchange carriers while ensuring that the Agency retains access to the information it needs to fulfill its regulatory duties. In light of the Commission's actions in areas of price cap regulation, universal service reform, and intercarrier compensation reform, the Commission stated that it is likely appropriate to streamline the existing rules even though those reforms may not have eliminated the need for accounting data for some purposes. The Commission's analysis and proposals are divided into three parts. First, the Commission proposes to streamline the USOA accounting rules while preserving their existing structure. Second, the Commission seeks more focused comment on the accounting requirements needed for price cap carriers to address our statutory and regulatory obligations. Third, the Commission seeks comment on several related issues, including state requirements, rate effects, implementation, continuing property records, and legal authority. On February 23, 2017, the Commission adopted a Report and Order that revised the part 32 USOA to substantially reduce accounting burdens for both price cap and rate-of-return carriers. First, the Order streamlines the USOA for all carriers. In addition, the USOA will be aligned more closely with [[Page 66949]] generally accepted accounting principles, or GAAP. Second, the Order allows price cap carriers to use GAAP for all regulatory accounting purposes as long as they comply with targeted accounting rules, which are designed to mitigate any impact on pole attachment rates. Alternatively, price cap carriers can elect to use GAAP accounting for all purposes other than those associated with pole attachment rates and continue to use the part 32 accounts for pole attachment rates for up to 12 years. Third, the Order addresses several miscellaneous issues, including referral to the Federal-State Joint Board on Separations the issue of examining jurisdictional separations rules in light of the reforms adopted to part 32. On June 5, 2017, NCTA-The internet & Television Association filed a petition for reconsideration of the Report and Order requesting that the Commission: (a) clarify that parties making pole attachments will have access to all accounting information needed to verify the reasonableness of pole attachment rates; and (b) establish additional substantive protections to ensure that pole attachment rates based on GAAP are consistent with the requirements of Section 224 of the Communication Act and the assurances contained in the Part 32 Order. Oppositions to that petition were due on July 21, 2017, and replies were due on July 31, 2017. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 09/15/14 79 FR 54942 NPRM Comment Period End............. 11/14/14 ....................... NPRM Reply Comment Period End....... 12/15/14 ....................... R&O................................. 04/04/17 82 FR 20833 Petition for Reconsideration........ 06/05/17 82 FR 31282 Comment Period on Petition for 07/21/17 ....................... Reconsideration End. Reply Comment Period on Petition for 07/31/17 ....................... Reconsideration End. ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: William A. Kehoe III, Senior Counsel, Policy & Program Planning Division, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7122, Email: [email protected]. RIN: 3060-AK20 344. Restoring Internet Freedom, WC Docket No. 17-108; Protecting and Promoting the Open Internet, GN Docket No. 14-28; Safeguarding and Securing the Open Internet, WC Docket No. 23-320 [3060-AK21] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) and (j); 47 U.S.C. 201(b) Abstract: The Commission proposed to reestablish the framework the Commission adopted in 2015 to classify broadband internet access service as a telecommunications service and to classify mobile broadband internet access service as a commercial mobile service. The Commission also proposed to forbear from 26 Title II provisions, and clarify that the Commission will not regulate rates or require network unbundling. Finally, the Commission proposed to reestablish a national regulatory approach to protect the open internet by preventing broadband internet access service providers from engaging in practices harmful to consumers, including: (1) proposing to reinstate straightforward, clear rules that prohibit blocking, throttling, or engaging in paid or affiliated prioritization arrangements; (2) proposing to reinstate a general conduct standard that would prohibit unreasonable interference or unreasonable disadvantage to consumers or edge providers; and (3) proposing to retain the disclosure requirements under the current transparency rule and seeking comment on the means of disclosure, the interplay between the transparency rule and the broadband label requirements, and any additional enhancements or changes. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/01/14 79 FR 37448 NPRM Comment Period End............. 07/18/14 ....................... NPRM Reply Comment Period End....... 09/15/14 ....................... R&O on Remand, Declaratory Ruling, 04/13/15 80 FR 19737 and Order. NPRM................................ 06/02/17 82 FR 25568 NPRM Comment Period End............. 07/03/17 ....................... Declaratory Ruling, R&O, and Order.. 02/22/18 83 FR 7852 Order on Remand..................... 01/07/21 86 FR 994 NPRM................................ 11/03/23 88 FR 76048 NPRM Comment Period End............. 12/14/23 ....................... NPRM Reply Comment Period End....... 01/17/24 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Melissa Kirkel, Deputy Division Chief, Wireline Competition Bureau, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7958, Fax: 202 418-1413, Email: [email protected]. RIN: 3060-AK21 345. Technology Transitions; GN Docket No. 13-5, WC Docket No. 05-25; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment; WC Docket No. 17-84 [3060-AK32] Legal Authority: 47 U.S.C. 214; 47 U.S.C. 251 Abstract: On April 20, 2017, the Commission adopted a Notice of Proposed Rulemaking, Notice of Inquiry, and Request for Comment (Wireline Infrastructure NPRM, NOl, and RFC) seeking input on a number of actions designed to accelerate: (1) the deployment of next- generation networks and services by removing barriers to infrastructure investment at the Federal, State, and local level; (2) the transition from legacy copper networks and services to next-generation fiber-based networks and services; and (3) the reduction of Commission regulations that raise costs and slow, rather than facilitate, broadband deployment. On November 16, 2017, the Commission adopted a Report and Order (R&O), Declaratory Ruling, and Further Notice of Proposed Rulemaking (Wireline Infrastructure Order) that takes a number of actions and seeks comment on further actions designed to accelerate the deployment of next-generation networks and services through removing barriers to infrastructure investment. The Wireline Infrastructure Order took a number of actions. First, the Report and Order revised the pole attachment rules to reduce costs for attachers, reforms the pole access complaint procedures to settle access disputes more swiftly, and increases access to infrastructure for certain types of broadband providers. Second, the Report and Order revised the section 214(a) discontinuance rules and the network change notification rules, including those applicable to copper retirements, to expedite the process for carriers seeking to replace legacy network infrastructure and legacy [[Page 66950]] services with advanced broadband networks and innovative new services. Third, the Report and Order reversed a 2015 ruling that discontinuance authority is required for solely wholesale services to carrier- customers. Fourth, the Declaratory Ruling abandoned the 2014 ``functional test'' interpretation of when section 214 discontinuance applications are required, bringing added clarity to the section 214(a) discontinuance process for carriers and consumers alike. Finally, the Further Notice of Proposed Rulemaking sought comment on additional potential pole attachment reforms, reforms to the network change disclosure and section 214(a) discontinuance processes, and ways to facilitate rebuilding networks impacted by natural disasters. Various parties filed a Petition for Review of the Wireline Infrastructure Order in the U.S. Court of Appeals for the Ninth Circuit. The Ninth Circuit denied the Petition on January 23, 2020 on the grounds that the parties lacked standing. On June 7, 2018, the Commission adopted a Second Report and Order (Wireline Infrastructure Second Report and Order) taking further actions designed to expedite the transition from legacy networks and services to next generation networks and advanced services that benefit the American public and to promote broadband deployment by further streamlining the section 214(a) discontinuance rules, network change disclosure processes, and part 68 customer notification process. The Wireline Infrastructure NPRM, NOI, and RFC sought comment on additional issues not addressed in the November Wireline Infrastructure Order or the June Wireline Infrastructure Second Report and Order. It sought comment on changes to the Commission's pole attachment rules to: (1) streamline the timeframe for gaining access to utility poles; (2) reduce charges paid by attachers for work done to make a pole ready for new attachments; and (3) establish a formula for computing the maximum pole attachment rate that may be imposed on an incumbent LEC. The Wireline Infrastructure NPRM, NOI, and RFC also sought comment on whether the Commission should enact rules, consistent with its authority under section 253 of the Act, to promote the deployment of broadband infrastructure by preempting State and local laws that inhibit broadband deployment. It also sought comment on whether there are State laws governing the maintenance or retirement of copper facilities that serve as a barrier to deploying next-generation technologies and services that the Commission might seek to preempt. Previously, in November 2014, the Commission adopted a Notice of Proposed Rulemaking and Declaratory Ruling that: (1) proposed new backup power rules; (2) proposed new or revised rules for copper retirements and service discontinuances; and (3) adopted a functional test in determining what constitutes a service for purposes of section 214(a) discontinuance review. In August 2015, the Commission adopted a Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking that: (i) lengthened and revised the copper retirement process; (ii) determined that a carrier must obtain Commission approval before discontinuing a service used as a wholesale input if the carrier's actions will discontinue service to a carrier- customer's retail end users; (iii) adopted an interim rule requiring incumbent LECs that seek to discontinue certain TDM-based wholesale services to commit to certain rates, terms, and conditions; (iv) proposed further revisions to the copper retirement discontinuance process; and (v) upheld the November 2014 Declaratory Ruling. In July 2016, the Commission adopted a Second Report and Order, Declaratory Ruling, and Order on Reconsideration that: (i) adopted a new test for obtaining streamlined treatment when carriers seek Commission authorization to discontinue legacy services in favor of services based on newer technologies; (ii) set forth consumer education requirements for carriers seeking to discontinue legacy services in favor of services based on newer technologies; (iii) allowed notice to customers of discontinuance applications by email; (iv) required carriers to provide notice of discontinuance applications to Tribal entities; (v) made a technical rule change to create a new title for copper retirement notices and certifications; and (vi) harmonized the timeline for competitive LEC discontinuances caused by incumbent LEC network changes. On August 2, 2018, the Commission adopted a Third Report and Order and Declaratory Ruling (Wireline Infrastructure Third Report and Order) establishing a new framework for the vast majority of pole attachments governed by Federal law by instituting a one-touch make-ready regime, in which a new attacher may elect to perform all simple work to prepare a pole for new wireline attachments in the communications space. This new framework includes safeguards to promote coordination among parties and ensures that new attachers perform work safely and reliably. The Commission retained its multi-party pole attachment process for attachments that are complex or above the communications space of a pole, but made significant modifications to speed deployment, promote accurate billing, expand the use of self-help for new attachers when attachment deadlines are missed, and reduce the likelihood of coordination failures that lead to unwarranted delays. The Commission also improved its pole attachment rules by codifying and redefining Commission precedent that requires utilities to allow attachers to overlash existing wires, thus maximizing the usable space on the pole; eliminating outdated disparities between the pole attachment rates that incumbent carriers must pay compared to other similarly-situated cable and telecommunications attachers; and clarifying that the Commission will preempt, on an expedited case-by-case basis, State and local laws that inhibit the rebuilding or restoration of broadband infrastructure after a disaster. The Commission also adopted a Declaratory Ruling that interpreted section 253(a) of the Communications Act to prohibit State and local express and de facto moratoria on the deployment of telecommunications services or facilities and directed the Wireline Competition and Wireless Telecommunications Bureaus to act promptly on petitions challenging specific alleged moratoria. Numerous parties filed appeals of the Wireline Infrastructure Third Report and Order, and the appeals were consolidated in the U.S. Court of Appeals of the Ninth Circuit. On August 12, 2020, the Ninth Circuit issued an opinion upholding the Wireline Infrastructure Third Report and Order in all respects. On August 8, 2018, Public Knowledge filed a Petition for Reconsideration of the Second Report and Order and Motion to Hold in Abeyance. On October 20, 2020, the Wireline Competition Bureau (Bureau) adopted a Declaratory Ruling, Order on Reconsideration, and Order. In the Declaratory Ruling, the Bureau clarified that any carrier seeking to discontinue legacy voice service to a community or part of a community that is the last retail provider of such legacy TDM service to that community or part of the community is subject to the Commission's technology transition discontinuance rules, including the requirements to receive streamlined treatment of its discontinuance [[Page 66951]] application. In the Order on Reconsideration, the Bureau denied the Public Knowledge Petition for Reconsideration because all of Public Knowledge's arguments were fully considered, and rejected, by the Commission in the underlying proceeding. It also dismissed as moot the accompanying motion to have the Commission hold that Order in abeyance pending the outcome of the appeal that the Ninth Circuit ultimately denied. In September 2019, CTIA filed a Petition for Declaratory Ruling seeking clarification of certain issues raised in the 2018 Third Report and Order. On July 29, 2020, the Wireline Competition Bureau issued a Declaratory Ruling clarifying that (1) the imposition of a blanket ban by a utility on attachments to any portion of a utility pole is inconsistent with the federal requirement that a denial of access . . . be specific to a particular request; and (2) while utilities and attachers have the flexibility to negotiate terms in their pole attachment agreements that differ from the requirements in the Commission's rules, a utility cannot use its significant negotiating leverage to require an attacher to give up rights to which the attacher is entitled under the rules without the attacher obtaining a corresponding benefit. On July 20, 2020, the Wireline Competition Bureau issued a Public Notice seeking comment on a Petition for Declaratory Ruling filed on July 16, 2020, by NCTA The internet & Television Association. NCTA asked the Commission to declare that: (1) pole owners must share in the cost of pole replacements in unserved areas pursuant to section 224 of the Communications Act, section 1.1408(b) of the Commission's rules, and Commission precedent; (2) pole attachment complaints arising in unserved areas should be prioritized through placement on the Accelerated Docket under section 1.736 of the Commission's rules; and (3) section 1.1407(b) of the Commission's rules authorizes the Commission to order any pole owner to complete a pole replacement within a specified period of time or designate an authorized contractor to do so. Comments on the NCTA Petition were due by September 2, 2020, and reply comments by September 17, 2020. On January 19, 2021, WCB released a Declaratory Ruling on the subject of pole replacements. WCB declined to rule on the NCTA Petition, finding that the questions raised were better suited to a rulemaking. However, in response to the Petition's record, WCB issued a narrow clarification: a utility may not impose the entire cost of a pole replacement on a requesting attacher when the attacher is not the sole cause of the pole replacement (for instance, where the pole has been red-tagged i.e., placed on a utility's pole replacement schedule due to non-compliance with safety standards). On July 23, 2021, the Wireline Competition Bureau issued a Public Notice seeking comment on a Petition for Declaratory Ruling filed by the Edison Electric Institute asking the Commission to declare that: (1) when the Commission determines that a pole attachment rate, term, or condition is unjust and unreasonable and orders a refund pursuant to section 1.1407(a)(3) of the Commission's rules, the applicable statute of limitations is the same as the two-year period prescribed by section 415(b) of the Act; and (2) refunds in pole attachment complaint proceedings are not appropriate for any period preceding good-faith notice of a dispute. Deadlines for filing comments and reply comments were set for August 23, 2021, and September 10, 2021, respectively. In March 2022, the Commission began the rulemaking contemplated by the January 2021 Declaratory Ruling, by adopting a Second Further Notice of Proposed Rulemaking seeking comment on several issues relating to pole replacements, including (1) whether and to what extent utilities directly benefit from various types of pole replacements in situations where a pole replacement is not necessitated solely by a new attachment request; (2) whether requiring utilities to pay a portion of the costs of a pole replacement would positively or negatively affect negotiations of pole attachment agreements and broadband deployment; (3) what measures the Commission could adopt to expedite the resolution of pole replacement disputes; and (4) what scope of refunds the Commission should order when it determines that a pole attachment rate, term, or condition is unjust and unreasonable. Comments on the Second FNPRM were due on June 27, 2022, while reply comments were due on August 26, 2022. On December 13, 2023, the Commission adopted a Fourth Report and Order, Declaratory Ruling, and Third Further Notice of Proposed Rulemaking seeking that takes a number of actions, makes a number of clarifications, and seeks comment on further actions designed to accelerate the deployment of next-generation networks and services trough removing barriers to infrastructure investment. On January 19, 2024, the Wireline Competition Bureau issued a Public Notice seeking comment on a Petition for Reconsideration filed by the Edison Electric Institute asking the Commission to reconsider the Declaratory Ruling to (1) clearly define the narrow circumstances in which a utility pole owner is required to provide a copy of its easement to an attacher that seeks to access a pole within such easement; and (2) remove or clarify its ruling that a pole replacement is not `necessitated solely' by an attachment requires if a utility's previous or contemporaneous change to its internal construction standards necessitates replacement of an existing pole. Deadlines for filing comments and reply comments were set for February 13, 2024 and February 23, 2024, respectively. On February 16, 2024, the Wireline Competition Bureau issued a Public Notice seeking comment on a Petition for Reconsideration filed by the Concerned Coalition of Utilities asking the Commission to reconsider the Fourth Report and Order to eliminate the requirement that utilities submit a copy of period pole inspection reports to attaching entities. Deadlines for filing comments and reply comments were set for March 15, 2024 and March 25, 2024, respectively. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/06/15 80 FR 450 NPRM Comment Period End............. 02/05/15 ....................... NPRM Reply Comment Period End....... 03/09/15 ....................... FNPRM............................... 09/25/15 80 FR 57768 R&O................................. 09/25/15 80 FR 57768 FNPRM Comment Period End............ 10/26/15 ....................... FNPRM Reply Comment Period End...... 11/24/15 ....................... 2nd R&O............................. 09/12/16 81 FR 62632 NPRM................................ 05/16/17 82 FR 224533 NPRM Comment Period End............. 06/15/17 ....................... NPRM Reply Comment Period End....... 07/17/17 ....................... R&O................................. 12/28/17 82 FR 61520 FNPRM Comment Period End............ 01/17/18 ....................... FNPRM Reply Comment Period End...... 02/16/18 ....................... 2nd R&O............................. 07/09/18 83 FR 31659 3rd R&O............................. 09/14/18 83 FR 46812 NCTA Public Notice.................. 07/20/20 ....................... CTIA Declaratory Ruling............. 07/29/20 ....................... Declaratory Ruling.................. 01/19/21 ....................... [[Page 66952]] Order on Reconsideration............ 02/02/21 86 FR 8872 EEI Public Notice................... 07/23/21 ....................... EEI Public Notice Comment Period End 08/23/21 ....................... EEI Public Notice Reply Comment 09/10/21 ....................... Period End. Second FNPRM........................ 03/18/22 87 FR 25181 Second Further NPRM Comment Period 06/27/22 ....................... End. Second Further NPRM Reply Comment 08/26/22 ....................... Period End. 4th Report and Order, Declaratory 01/11/24 89 FR 2151 Ruling. 4th Report and Order, Declaratory 01/12/24 89 FR 1859 Ruling, Erratum. Public Notice....................... 01/29/24 89 FR 5439 Public Notice Comment Period End.... 02/13/24 ....................... Public Notice Reply Comment Period 02/23/24 ....................... End. Public Notice....................... 02/29/24 89 FR 14797 Public Notice Comment Period End.... 03/15/24 ....................... Public Notice Reply Comment Period 03/25/24 ....................... End. ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michele Berlove, Assistant Division Chief, Competition Policy Div., WCB, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1477, Email: [email protected]. RIN: 3060-AK32 346. Numbering Policies for Modern Communications, WC Docket No. 13-97 [3060-AK36] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 153 to 154; 47 U.S.C. 201 to 205; 47 U.S.C. 251; 47 U.S.C. 303(r) Abstract: This Order establishes a process to authorize interconnected VoIP providers to obtain North American Numbering Plan (NANP) telephone numbers directly from the numbering administrators, rather than through intermediaries. Section 52.15(g)(2)(i) of the Commission's rules limits access to telephone numbers to entities that demonstrate they are authorized to provide service in the area for which the numbers are being requested. The Commission has interpreted this rule as requiring evidence of either a State certificate of public convenience and necessity (CPCN) or a Commission license. Neither authorization is typically available in practice to interconnected VoIP providers. Thus, as a practical matter, generally only telecommunications carriers are able to provide the proof of authorization required under our rules, and thus able to obtain numbers directly from the numbering administrators. This Order establishes an authorization process to enable interconnected VoIP providers that choose direct access to request numbers directly from the numbering administrators. Next, the Order sets forth several conditions designed to minimize number exhaust and preserve the integrity of the numbering system. The Order requires interconnected VoIP providers obtaining numbers to comply with the same requirements applicable to carriers seeking to obtain numbers. These requirements include any State requirements pursuant to numbering authority delegated to the States by the Commission, as well as industry guidelines and practices, among others. The Order also requires interconnected VoIP providers to comply with facilities readiness requirements adapted to this context, and with numbering utilization and optimization requirements. As conditions to requesting and obtaining numbers directly from the numbering administrators, interconnected VoIP providers are also required to: (1) provide the relevant State commissions with regulatory and numbering contacts when requesting numbers in those states; (2) request numbers from the numbering administrators under their own unique OCN; (3) file any requests for numbers with the relevant State commissions at least 30 days prior to requesting numbers from the numbering administrators; and (4) provide customers with the opportunity to access all abbreviated dialing codes (N11 numbers) in use in a geographic area. The Order also modifies Commission's rules in order to permit VoIP Positioning Center (VPC) providers to obtain pseudo-Automatic Number Identification (p-ANI) codes directly from the numbering administrators for purposes of providing E911 services. Based on experiences and review of the direct access authorization process established by the 2015 Order, the Commission adopted a FNPRM which proposes clarifications and revisions to the Commission's rules to better ensure that interconnected VoIP providers that obtain direct access authorization to not facilitate illegal robocalls, spoofing, or fraud, pose national security risks, or evade or abuse intercarrier compensation requirements. The FNPRM proposes to require additional certifications as part of the direct access authorization applications process, that would include certification of compliance with anti- robocalling obligations. The FNPRM also proposes to clarify that applicants disclose foreign ownership information on their direct access application. It would also propose to generally refer those applications with 10% or greater foreign ownership to the Executive Branch agencies for their review, consistent with the Commission's referral of other types of applications. The FNPRM also propose to clarify that holders of a direct access authorization must update the Commission and applicable states within 30 days of changes to ownership information submitted to the Commission. The FNPRM further proposes to clarify that Commission staff retain the authority to determine when to accept filings as complete and proposes to direct Commission staff to reject an application if an applicant has engaged in behavior contrary to the public interest or has been found to originate or transmit illegal robocalls. Finally, the FNPRM seeks comment on whether to expand the direct access authorization to one-way VoIP providers or other entities that use numbering resources. In 2023, the Commission established by Second Report and Order modifications to and clarifications of the direct access authorization rules to reduce access to telephone numbers by potential perpetrators of illegal robocalls. Such changes include certifications to be made by applicants affirming compliance with the Commission's preexisting requirements concerning STIR/SHAKEN caller ID authentication and Robocall Mitigation Database filings. The Order also adopts important guardrails to protect national security, law enforcement, and numbering resources. These changes include foreign ownership and control disclosures, certification of compliance with State numbering requirements, certification of compliance with the Commission's rules pertaining to access arbitrage, and ensuring the accuracy of application contents upon application as well as after the authorization is granted. The Order also codifies Bureau staff review, rejection, and authorization revocation matters. [[Page 66953]] The item also includes an FNPRM which proposes a 30-day deadline for existing authorization holders to comply with rule changes. The FNPRM also proposes a delegation of authority to the Numbering Administrator via public notice to suspend all pending and future requests for numbers if the new information submitted by an existing authorization holder indicates a material change or raises a public interest concern. The FNPRM further proposes that authorization holders continue to use numbers pending Bureau investigation. The Second FNPRM also proposes that new applicants be required to disclose initial service area where numbers will be used. The FNPRM also proposes that authorizations holders that sell or lease numbers be required to obtain the direct access certification requirements from the indirect access recipients, retain copies, and file with the Commission a list of the indirect access recipients. The FNPRM also seeks comment on enforcement actions that the Commission could take against applicants and authorization holders for violation of the direct access authorization rules. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/19/13 78 FR 36725 NPRM Comment Period End............. 07/19/13 ....................... R&O................................. 10/29/15 80 FR 66454 FNPRM (Release Date)................ 08/06/21 86 FR 51081 FNPRM (Comment Period End).......... 10/14/21 86 FR 51081 Second FNPRM........................ 10/30/23 88 FR 74098 Second Report and Order............. 11/20/23 88 FR 80617 Second FNPRM Comment Period Ends.... 11/29/23 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jordan Marie Reth, Attorney-Advisor (PU), Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1418, Email: [email protected]. RIN: 3060-AK36 347. Implementation of the Universal Service Portions of the 1996 Telecommunications Act [3060-AK57] Legal Authority: 47 U.S.C. 151 et seq. Abstract: The Telecommunications Act of 1996 expanded the traditional goal of universal service to include increased access to both telecommunications and advanced services such as high-speed internet for all consumers at just, reasonable, and affordable rates. The Act established principles for universal service that specifically focused on increasing access to evolving services for consumers living in rural and insular areas, and for consumers with low-incomes. Additional principles called for increased access to high-speed internet in the nation's schools, libraries, and rural healthcare facilities. The FCC established four programs within the Universal Service Fund to implement the statute: Connect America Fund (formally known as High-Cost Support) for rural areas; Lifeline (for low-income consumers), including initiatives to expand phone service for Native Americans; Schools and Libraries (E-rate); and Rural Healthcare. The Universal Service Fund is paid for by contributions from telecommunications carriers, including wireline and wireless companies, and interconnected Voice over internet Protocol (VoIP) providers, including cable companies that provide voice service, based on an assessment on their interstate and international end-user revenues. The Universal Service Administrative Company, or USAC, administers the four programs and collects monies for the Universal Service Fund under the direction of the FCC. On July 21, 2023, the Commission released an NPRM and Order taking steps to further enhance Tribal applicants' access to the E-Rate program to encourage greater Tribal participation in the program On July 24, 2023, the Commission adopted plan to bring reliable broadband to rural communities. On October 20, 2023, the Commission kicked off rulemaking to explore innovative ways to continue to address Alaska's unique connectivity challenges. On November 8, 2023, the Commission proposed to permit eligible schools and libraries to receive E-Rate support for Wi-Fi hotspots and wireless internet services that can be used off-premises. On November 13, 2023, the Commission proposed a three-year pilot program within the Universal Service Fund (USF) to provide up to $200 million available to support cybersecurity and advanced firewall services for eligible schools and libraries. On December 14, 2023, the Commission adopted rules for further improvements to Rural Health Care Program. On December 27, 2023, the Commission deferred the commencement of the next fiveyear deployment obligation term for legacy rate-of-return carriers receiving Connect America Fund Broadband Loop Support (CAF BLS) in 2024 until January 1, 2025. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ R&O and FNPRM....................... 01/13/17 82 FR 4275 NPRM Comment Period End............. 02/13/17 ....................... NPRM Reply Comment Period End....... 02/27/17 ....................... R&O and Order on Recon.............. 03/21/17 82 FR 14466 Order on Recon...................... 05/19/17 82 FR 22901 Order on Recon...................... 06/08/17 82 FR 26653 Memorandum, Opinion & Order......... 06/21/17 82 FR 228224 NPRM................................ 07/30/19 84 FR 36865 NPRM................................ 08/21/19 84 FR 43543 R&O and Order on Recon.............. 11/07/19 84 FR 59937 Order on Recon...................... 12/09/19 84 FR 67220 R&O................................. 12/20/19 84 FR 70026 R&O................................. 12/27/19 84 FR 71308 R&O................................. 01/17/20 85 FR 3044 Report & Order...................... 03/10/20 85 FR 13773 Report & Order...................... 05/11/20 85 FR 19892 Declaratory Ruling/2nd FNPRM........ 08/04/20 85 FR 48134 Public Notice....................... 03/22/21 86 FR 15172 Report & Order on Recon............. 04/09/21 86 FR 18459 R&O................................. 05/28/21 86 FR 29136 2nd R&O............................. 07/14/21 86 FR 37061 Public Notice....................... 08/02/21 86 FR 41408 NPRM................................ 10/14/21 86 FR 57097 Order............................... 12/14/21 86 FR 70983 NPRM................................ 01/27/22 87 FR 4182 FNPRM............................... 03/15/22 87 FR 14422 NPRM................................ 06/16/22 87 FR 36283 NPRM................................ 06/23/22 87 FR 37459 2nd R&O............................. 09/06/22 87 FR 54311 3rd R&O............................. 09/06/22 87 FR 54401 Further Notice of Proposed 11/19/22 87 FR 67660 Rulemaking. Public Notice....................... 01/06/23 88 FR 1035 NPRM................................ 03/13/23 88 FR 14529 Public Notice....................... 04/11/23 88 FR 21580 Report and Order on Review.......... 05/05/23 88 FR 28993 Order............................... 06/05/23 88 FR 36510 Report and Order, NPRM, and NOI..... 08/18/23 88 FR 56579 Report and Order, NPRM, and NOI..... 08/23/23 88 FR 57383 Report and Order, and FNPRM......... 11/13/23 88 FR 77522 Report and Order, and NPRM.......... 11/17/23 88 FR 80238 NPRM................................ 12/07/23 88 FR 85157 NPRM................................ 12/09/23 88 FR 90141 [[Page 66954]] 3rd Report and Order................ 01/11/24 89 FR 1834 Report and Order.................... 01/31/24 89 FR 6021 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Nakesha Woodward, Program Analyst, Wireline Competition Bureau, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1502, Email: [email protected]. RIN: 3060-AK57 348. Toll Free Assignment Modernization and Toll-Free Service Access Codes: WC Docket No. 17-192, CC Docket No. 95-155 [3060-AK91] Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 201(b); 47 U.S.C. 251(e)(1) Abstract: In this Report and Order (Order), the Federal Communications Commission (FCC) initiates an auction to distribute certain toll-free numbers. The numbers to be auctioned will be in the new 833 toll free code for which there have been multiple, competing requests. By using an auction, the FCC will ensure that sought-after numbers are awarded to the parties that value them most. In addition, the FCC will reserve certain 833 numbers for distribution to government and non-profit entities that request them for public health and safety purposes. The FCC will study the results of the auction to determine how to best use the mechanism to distribute toll-free numbers equitably and efficiently in the future as well. Revenues from the auction will be used to defray the cost of toll-free numbering administration, reducing the cost of numbering for all users. The Order establishing the toll-free number auction will also authorize and accommodate the use of a secondary market for numbers awarded at auction to further distribute these numbers to the entities that value them most. The Order also adopted several definitional and technical updates to improve clarity and flexibility in toll-free number assignment. The Commission sought comment and then adopted auctions procedures and deadlines on August 2, 2019. Bidding for the auction occurred on December 17, 2019, and Somos issued an announcement of the winning bidders on December 20, 2019. On December 16, 2019, to facilitate the preparation of its study of the auction, the Bureau charged the North American Numbering Council, via its Toll Free Access Modernization Working Group, to issue a report evaluating various aspects of the 833 Auction, and recommending improvements for any future toll free number auctions. On January 16, 2020, Somos released all of the 833 Auction data for public review. On March 13, 2020, the Bureau invited public comment on the 833 Auction in preparation for issuing a report on the lessons learned from the Auction. Comments were due on April 13, 2020. On July 14, 2020, the North American Numbering Council approved the Toll-Free Assignment Modernization Working Group's report, Perspectives on the December 2019 Auction of Numbers in the 833 Numbering Plan Area. On January 15, 2021, the Bureau released a report that examined various aspects of this toll-free number assignment experiment, including lessons learned, examination of auction outcomes, and recommendations for future toll free number assignment. The Bureau concluded that the 833 Auction was a successful experiment that provided invaluable experience and data that can facilitate further Commission efforts to continue to modernize tol-free number allocation in the future. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/13/17 82 FR 47669 NPRM Comment Period End............. 11/13/17 ....................... Final Rule.......................... 10/23/18 83 FR 53377 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Heather Hendrickson, Deputy Division Chief, Wireline Competition Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7295, Email: [email protected]. Matthew Collins, Deputy Division Chief, Wireline Competition Bureau, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-7141, Email: [email protected]. RIN: 3060-AK91 349. Establishing the Digital Opportunity Data Collection; WC Docket Nos. 19-195 and 11-10 [3060-AK93] Legal Authority: 47 U.S.C. 35 to 39; 47 U.S.C. 154; 47 U.S.C. 211; 47 U.S.C. 219; 47 U.S.C. 220; 47 U.S.C. 402(b)2(B); Pub. L. 104-104; 47 U.S.C. 151-154; 47 U.S.C. 157; 47 U.S.C. 201; 47 U.S.C. 254; 47 U.S.C. 301; 47 U.S.C. 303; 47 U.S.C. 309; 47 U.S.C. 319; 47 U.S.C. 332; 47 U.S.C. 641 to 646; Pub. L 116-130; . . . Abstract: The Commission has long recognized that precise, granular data on the availability of fixed and mobile broadband are vital to bringing digital opportunity to all Americans, no matter where they live, work, or travel. On March 23, 2020, the Broadband Deployment Accuracy and Technological Availability Act (Broadband DATA Act) was signed into law requiring the Commission to create a new set of broadband availability maps. Among other things, the Broadband DATA Act requires the Commission to collect standardized, granular data on the availability and quality of both fixed and mobile broadband internet access services, to create a common dataset of all locations where fixed broadband internet access service can be installed (the Broadband Serviceable Location Fabric or Fabric), and to create publicly available coverage maps. The Act further requires the Commission to establish processes for members of the public and other entities to (1) provide verified data for use in the coverage maps; (2) challenge the coverage maps, the broadband availability data submitted by broadband internet access service providers (providers), and the Fabric; and (3) submit specific crowdsource information about the development and availability of broadband service. In July 2020, implementing the Broadband DATA Act and building off of an August 2019 Report and Order and Notice of Proposed Rulemaking, the Commission adopted a Second Report and Order and Third Further Notice of Proposed Rulemaking that adopted rules for the collection and verification of improved, more precise data on both fixed and mobile broadband availability. In January 2021, the Commission adopted a Third Report and Order establishing new requirements for the BDC and took additional steps to implement the Broadband DATA Act. The Third Report and Order adopted rules to specify which fixed and mobile providers are required to report broadband availability data and expanded the reporting and certification requirements for filing data in the BDC. [[Page 66955]] It also adopted standards for collecting verified broadband data from State, local, and Tribal governmental entities and certain third parties, and for identifying locations that would be included in the Fabric. Importantly, the Commission also established processes for verifying the accuracy of provider submitted data and the Fabric, including challenge processes which invite input from the public and other stakeholders in order to improve the accuracy of the maps. To implement the Broadband DATA Act and these new rules, the Commission created a new data platform and system to collect and map availability data collected from over 2,500 providers and for consumers and other stakeholders to submit challenges to that data; created a Fabric dataset of locations upon which to overlay provider availability data; and established a dedicated help center to provide technical assistance to providers, consumers, and other stakeholders. In July 2021, the Wireless Telecommunications Bureau (WTB), Office of Economics and Analytics (OEA), and Office of Engineering and Technology (OET) released a Public Notice seeking comment on the technical requirements for the mobile challenge, verification, and crowdsourcing processes required under the Broadband DATA Act for the new Broadband Data Collection (BDC). In March 2022, the Broadband Data Task Force (Task Force), WTB, OEA, and OET released a detailed order, technical appendix, rules, and technical data specifications setting forth technical requirements and specifications for the mobile challenge, verification, and crowdsource processes required by the Act. To clarify the Commission's rules for filing data in the BDC, in July 2022, WCB, WTB, OEA, and the Task Force issued a Declaratory Ruling on certain aspects of a rule regarding the engineering certification in BDC filings and issued a limited waiver of the requirement that providers have an engineer certification their biannual BDC filings for the first three filing cycles of the BDC. The Task Force adopted an Order in November 2023 to extend the waiver, with new conditions, for an additional three filing periods. In addition, staff worked closely with ISPs to ensure that they were equipped with the technical information and training to participate in the BDC's complex data collection by effectively and accurately reporting where they do, and do not, offer internet services. FCC staff and its contractors made phone calls and sent a series of emails to every ISP that previously filed Form 477 data to remind them of their obligation to file data by September 1, 2022--the initial filing deadline--and to make them aware of the many technical assistance resources that the FCC has made available, including filing instructions, FAQs, knowledge base articles, web tutorials, filing workshops, and a dedicated BDC Help Center offering both Tier 1 and Tier 2 support to entities seeking to file availability data or challenges including GIS support. Additionally, FCC staff has attended numerous conferences, ex parte meetings, and conference calls with individual providers and industry organizations. In November 2022, the Commission released a pre-production draft of its new National Broadband Map displaying version 1 of the Fabric overlayed with provider reported availability data as of June 30, 2022. The new map is the most comprehensive, granular, and standardized data the Commission has ever published on broadband availability. This date also marked the beginning of the BDC processes by which consumers, governmental entities, and other third parties can file bulk and individual challenges to the fixed and mobile availability data and the Fabric data. Updates to the National Broadband Map are iterative and ongoing. The challenge processes will also continue on an ongoing basis in order to allow the public to provide input and help improve the accuracy of the National Broadband Map. State, local, and Tribal governmental entities are encouraged to participation in the bulk challenge and crowdsource processes where the location or availability data on the map appeared imprecise. To assist with this process, staff have hosted technical assistance workshops and video tutorials to assist parties seeking to file challenges to the Fabric and fixed and mobile availability data. Additionally, the Task Force has released video tutorials and knowledge base articles to assist fixed and mobile providers with responding to challenges. In December 2022, the Commission adopted and Order, to sunset the Form 477 broadband deployment data collection and eliminate a largely duplicative requirement on providers. As a result, providers will no longer be required to submit Form 477 broadband deployment data, but must still submit broadband and voice subscription data using the FCC Form 477. To further streamline the FCC's data collection efforts the BDC system allows filers to submit both their BDC data and 477 subscription data as a combined filing using a single interface. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/03/17 82 FR 40118 NPRM Comment Period End............. 09/25/17 ....................... Report & Order...................... 08/01/19 84 FR 43705 Second Further Notice of Proposed 08/01/19 84 FR 43764 Rulemaking. Second Further NPRM Comment Period 10/07/19 ....................... End. 2nd R&O............................. 07/16/20 85 FR 50886 3rd FNPRM........................... 07/16/20 85 FR 50911 3rd FNPRM Comment Period End........ 09/08/20 ....................... 3rd R&O............................. 01/13/21 86 FR 18124 Public Notice....................... 07/16/21 86 FR 40398 Public Notice Comment Period End.... 09/27/21 ....................... Order............................... 03/09/22 87 FR 21476 Order............................... 12/16/22 87 FR 76949 Order............................... 11/30/23 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michael Ray, Attorney, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0357, Email: [email protected]. RIN: 3060-AK93 350. Call Authentication Trust Anchor [3060-AL00] Legal Authority: 47 U.S.C. 201; 47 U.S.C. 251; 47 U.S.C. 227; 47 U.S.C. 227b; 47 U.S.C. 503 Abstract: On June 6, 2019, the Commission adopted a Declaratory Ruling and Third Further Notice of Proposed Rulemaking (CG Docket No. 17-59, WC Docket No. 17-97) that proposed and sought comment on mandating implementation of STIR/SHAKEN in the event that major voice service providers did not voluntarily implement the framework by the end of 2019. On December 30, 2019, Congress enacted the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act. Along with numerous other provisions directed at addressing robocalls, the TRACED Act directs the Commission to require all voice service providers to implement STIR/SHAKEN in the Internet Protocol (IP) portions of their [[Page 66956]] networks, and to implement an effective caller ID authentication framework in the non-IP portions of their networks. The TRACED Act further creates processes by which voice service providers may be exempt from this mandate if the Commission determines they have achieved certain implementation benchmarks, and by which voice service providers may be granted a delay in compliance based on a finding of undue hardship because of burdens or barriers to implementation or based on a delay in development of a caller ID authentication protocol for calls delivered over non-IP networks. On March 31, 2020, the Commission adopted a Report and Order and Further Notice of Proposed Rulemaking (WC Docket Nos. 17-97, 20-67). The Report and Order mandated that all originating and terminating voice service providers implement the STIR/SHAKEN caller ID authentication framework in the IP portions of their networks by June 30, 2021. In the Further Notice the Commission sought comment on proposals to further promote caller ID authentication and implement the TRACED Act. On September 29, 2020, the Commission adopted a Second Report and Order (WC Docket No. 17-97). The Second Report and Order implemented rules (1) granting extensions for compliance with the STIR/SHAKEN implementation mandate for small voice service providers, voice service providers that cannot obtain a SPC token from the Governance Authority, services scheduled for section 214 discontinuance, for those portions of a voice service provider's network that rely on non-IP technology, and establishing a process for individual voice service providers to seek provider specific extensions; (2) requiring voice service providers using non-IP technology either to upgrade their networks to IP to enable STIR/SHAKEN implementation, or work to develop non-IP caller ID authentication technology and implement a robocall mitigation program in the interim; (3) establishing a process where by a voice service provider may be exempt from the STIR/SHAKEN implementation mandate if the provider has achieved certain implementation benchmarks; (4) prohibiting voice service providers from imposing line item charges on consumer and small business subscribers for caller ID authentication; and (5) requiring intermediate providers to implement STIR/SHAKEN. On May 20, 2021, the Commissioned released a Third Further Notice of Proposed Rulemaking proposing to shorten the small provider extension from two years to one for a subset of small voice service providers that are at a heightened risk of originating an especially large amount of robocall traffic. On January 13, 2021, the Commission adopted a Second Further Notice of Proposed Rulemaking proposing and seeking comment on a limited role for the Commission to oversee certificate revocation decisions by the private STIR/SHAKEN Governance Authority that would have the effect of placing providers in noncompliance with the Commission's rules. On August 5, 2021, the Commission adopted a Third Report and Order which adopted rules creating this oversight role. On September 30, 2021, the Commission adopted a Fourth Further Notice of Proposed Rulemaking proposing to require gateway providers to apply STIR/SHAKEN caller ID authentication to, and perform robocall mitigation on, foreign-originated calls with U.S. numbers, seeking comment on revisions to the information that filers must submit to the Robocall Mitigation Database, and clarifying the obligations of voice service providers and intermediate providers with respect to calls to and from Public Safety Answer Points and other emergency services providers. On December 9, 2021, the Commission adopted a Fourth Report and Order adopting rules requiring non-facilities based small voice providers implement SITR/SHAKEN by June 30, 2022, and requiring small voice providers of any kind suspected of originating illegal robocalls to implement STIR/SHAKEN on an accelerated timeline. On May 19, 2022, the Commission adopted a Fifth Report and Order, Order on Reconsideration, Order, and Fifth Further Notice of Proposed Rulemaking. The Fifth Report and Order and Order required gateway providers to submit a certification to the Robocall Mitigation Database, implement STIR/SHAKEN caller ID authentication as well as several other requirements, including an obligation to mitigate illegal robocall traffic and submit a mitigation plan to the Robocall Mitigation Database regardless of their STIR/SHAKEN implementation status. The Order on Reconsideration expanded the obligation of domestic providers to block calls carrying US NANP numbers from foreign providers not listed in the Robocall Mitigation Database. The Fifth Further Notice of Proposed Rulemaking sought comment on further steps to combat illegal robocalls, including extending requirements for authentication and filing in the Robocall Mitigation Database, requiring additional measures for robocall mitigation, enhancing enforcement mechanisms and other related issues aimed at closing existing potential loopholes. On March 16, 2023, the Commission adopted a Sixth Report and Order and Further Notice of Proposed Rulemaking. The Sixth Report and Order required intermediate providers to implement STIR/SHAKEN caller ID authentication for certain calls, expanded robocall mitigation requirements for all providers, and adopted more robust enforcement tools. The Sixth Further Notice of Proposed Rulemaking seeks comment on additional measures to combat illegal robocalls, including whether any changes should be made to the Commission's rules to permit, prohibit, or limit the use of third-party caller ID authentication solutions and whether to eliminate the STIR/SHAKEN implementation extension for providers that cannot obtain Service Provider Code tokens, which are necessary to participate in the STIR/SHAKEN caller ID authentication framework''. On May 18, 2023, the Commission adopted a Seventh Repot and Order. The Seventh Report and Order required voice service providers and non- gateway intermediate providers to commit in their Robocall Mitigation Database certification to respond to traceback requests from the Commission, law enforcement, and the industry traceback consortium within 24 hours. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NOI................................. 07/14/17 ....................... DR and 3rd FNPRM.................... 06/06/19 84 FR 29478 NPRM................................ 06/24/19 84 FR 29478 NPRM Comment Period End............. 08/23/19 ....................... 3rd FNPRM Comment Period End........ 08/23/19 ....................... R&O and FNPRM....................... 03/31/20 85 FR 22029 FNPRM Comment Period End............ 05/29/20 ....................... 2nd R&O............................. 09/29/20 85 FR 73360 2nd FNPRM........................... 01/13/21 86 FR 9894 2nd FNPRM Comment Period............ 03/19/21 ....................... 3rd FNPRM........................... 05/20/21 86 FR 30571 3rd R&O............................. 08/05/21 86 FR 48511 3rd FNPRM Comment Period End........ 08/19/21 ....................... 4th FNPRM........................... 10/01/21 86 FR 59084 4th FNPRM Comment Period End........ 11/26/21 ....................... 4th R&O............................. 12/09/21 ....................... [[Page 66957]] 5th R&O, Order on Reconsideration... 05/19/22 87 FR 42916 5th FNPRM........................... 05/19/22 87 FR 42670 5th FNPRM Comment Period End........ 09/16/22 ....................... 6th Report and Order................ 03/16/23 88 FR 40096 6th FNPRM........................... 03/16/23 88 FR 29035 6th FNPRM Comment Period End........ 07/05/23 ....................... 7th Report and Order................ 05/18/23 88 FR 43446 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jonathan Lechter, Attorney Advisor, Wireline Competition Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0984, Email: [email protected]. RIN: 3060-AL00 351. Implementation of the National Suicide Improvement Act of 2018, 988 Suicide Prevention Hotline (WC Docket 18-336, PS Docket No. 23.5, PS Docket No. 15-80) [3060-AL01] Legal Authority: 47 U.S.C. 201; 47 U.S.C. 251 Abstract: On August 14, 2018, Congress passed the National Suicide Hotline Improvement Act (Act). Public Law 115-233, 132 Stat. 2424 (2018). The purpose of the Act was to study and report on the feasibility of designating a 3-digit dialing code to be used for a national suicide prevention and mental health crisis hotline system by considering each of the current N11 designations. The Act directed the Commission to: (1) conduct a study that examines the feasibility of designating a simple, easy-to-remember, 3-digit dialing code to be used for a national suicide prevention and mental health crisis hotline system; and (2) analyze how well the current National Suicide Prevention Lifeline is working to address the needs of veterans. The Act also directed the Commission to coordinate with the Department of Health and Human Services' Substance Abuse and Mental Health Services Administration (SAMHSA), the Secretary of Veterans Affairs, and the North American Numbering Council (NANC) in conducting the study, and to produce a report on the study by August 14, 2019. On August 14, 2019, the Wireline Competition Bureau and Office of Economics and Analytics submitted its report to Congress recommending that: (1) a 3-digit dialing code be used for a national suicide prevention and mental health crisis hotline system; and (2) the Commission should initiate a rulemaking proceeding to consider designating 988 as the 3-digit code. On December 12, 2019, the Commission released a notice of proposed rulemaking (NPRM) proposing to designate 988 as a new, nationwide, 3- digit dialing code for a suicide prevention and mental health crisis hotline. WC Docket No. 18-336. The NPRM proposes that calls made to 988 be directed to the existing National Suicide Prevention Lifeline, which is made up of an expansive network of over 170 crisis centers located across the United States, and to the Veterans Crisis Line. The NPRM also proposes to require all telecommunications carriers and interconnected VoIP service providers to make, within 18 months, any changes necessary to ensure that users can dial 988 to reach the National Suicide Prevention Lifeline and Veterans Crisis Line. On July 16, 2020, the Commission adopted an Order designating 988 as the 3-digit number to reach the Lifeline and Veterans Crisis Line (800-273-TALK or 800-273-8255) and requiring all telecommunications carriers, interconnected voice over internet Protocol (VoIP) providers, and one-way VoIP providers to make any network changes necessary to ensure that users can dial 988 to reach the Lifeline by July 16, 2022. On October 16, 2020, the Communications Equality Advocates filed a petition for partial reconsideration of the FCC's July 16, 2020 Report and Order. In their petition, Communications Equality Advocates requested that the FCC revise the Order to mandate text-to-988 and direct video calling (DVC) requirements and to have such requirements be implemented on the same timeline as voice calls to 988, by July 16, 2022. On October 17, 2020, Congress enacted the National Suicide Hotline Designation Act of 2020 (2020 Act). Public Law 116-172, 134 Stat. 832 (2020). The 2020 Act, among other things, designates 988 as the universal telephone number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Lifeline,'' with designation occurring one year after enactment. On November 9, 2020, pursuant to 2020 Act's requirements that the Commission submit a report on the feasibility and cost of attaching an automatic dispatchable location with 988 calls, the Commission issued a Public Notice that sought comment on these issues. On April 22, 2021, the Commission adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to require text service providers support text messages to 988 by routing texts to the toll free number. On November 19, 2020, pursuant to 2020 Act's requirements that the Commission submit a report on the feasibility and cost of attaching an automatic dispatchable location with 988 calls, the Commission issued a Public Notice that sought comment on these issues. A Report to Congress regarding geolocation was released on April 15, 2021. On April 22, 2021, the Commission adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to require text service providers support text messages to 988 by routing texts to the toll free number. On November 19, 2021, the Commission adopted an Order requiring the industry to enable texting to 988 by the same deadline as for voice calls, July 16, 2022. On May 24, 2022, the Commission, following up on its report to Congress, hosted a forum in coordination with the U.S. Department of Health and Human Services and the U.S. Department of Veterans Affairs that convened various stakeholders to discuss issues surrounding geolocation. Participants included state and local entities; suicide prevention and mental health experts and advocates; communications industry leaders; and technical experts. The Commission opened the event to the public via live feed on the Commission's website, and audience members submitted questions to panelists by email. On October 14, 2022, in accordance with the National Suicide Hotline Designation Act of 2020, the Wireline Competition Bureau submitted its first 988 Fee Accountability Report to Congress reporting on the collection and distribution of 988 fees and charges by the states, the District of Columbia, U.S. territories, and Tribal authorities for the period of January 1, 2021 to December 31, 2021. On January 26, 2023, the Commission adopted a Notice of Proposed Rulemaking to help ensure that the public has access to the 988 Suicide & Crisis Lifeline if a service outage occurs. Those rules were adopted on July 20, 2023. On October 17, 2023, in accordance with the National Suicide Hotline Designation Act of 2020, the Wireline Competition Bureau submitted its [[Page 66958]] second 988 Fee Accountability Report to Congress reporting on the collection and distribution of 988 fees and charges by the states, the District of Columbia, U.S. territories, and Tribal authorities for the period of January 1, 2022 to December 31, 2022. On October 30, 2023, the Commission released an Erratum amending Appendix A of the July 2023 Report and Order. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/15/20 85 FR 2359 NPRM Comment Period End............. 03/16/20 Report & Order...................... 07/16/20 PFR................................. 10/16/20 Oppositions Due..................... 12/02/20 Public Notice....................... 12/08/20 85 FR 79014 Replies Due......................... 12/14/20 Public Notice Comment Period End.... 01/11/21 FNPRM............................... 06/11/21 86 FR 31404 FNPRM Comment Period End............ 08/10/21 Report & Order...................... 11/19/21 NPRM................................ 01/27/23 88 FR 20790 NPRM Comment Period End............. 05/08/23 NPRM Reply Comment Period End....... 06/06/23 Report and Order.................... 07/21/23 Erratum............................. 10/23/23 88 FR 2503 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michelle Sclater, Attorney, Wireline Competition Bureau, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-0388, Email: [email protected]. RIN: 3060-AL01 352. Modernizing Unbundling and Resale Requirements in an ERA of Next- Generation Networks and Services [3060-AL02] Legal Authority: 47 U.S.C. 10; 47 U.S.C. 251 Abstract: On November 22, 2019, the Commission adopted a Notice of Proposed Rulemaking (NPRM) seeking comment on proposals to update the unbundling and avoided-cost resale obligations stemming from the 1996 Act and applicable only to incumbent LECs. Many of these obligations appear to no longer be necessary in many geographic areas due to vigorous competition for mass market broadband services in urban areas and numerous intermodal voice capabilities and services. But recognizing that rural areas pose special challenges for broadband deployment, the NPRM did not propose any change to unbundling requirements for broadband-capable loops in rural areas. The NPRM sought to promote the Commission's efforts to reduce unnecessary and outdated regulatory burdens that appear to discourage the deployment of next-generation networks, delay the IP transition, unnecessarily burden incumbent LECs with no similar obligations placed on their competitors, and no longer benefit consumers or serve the purpose for which they were intended. On October 27, 2020, the Commission adopted a Report and Order (1) eliminating unbundling requirements, subject to a reasonable transition period, for enterprise-grade DS1 and DS3 loops where there is evidence of actual and potential competition, for broadband-capable DS0 loops and associated subloops in the most densely populated areas, and for voice-grade narrowband loops nationwide, but preserving unbundling requirements for DS0 loops in less densely populated areas and DS1 and DS3 loops in areas without sufficient evidence of competition; (2) eliminating unbundling requirements for network interface devices and multiunit premises subloops; (3) eliminating unbundled dark fiber transport provisioned from wire centers within a half-mile of competitive fiber networks, but providing an eight-year transition period for existing circuits so as to avoid stranding investment and last-mile deployment by competitive LECs that may harm consumers; (4) eliminating unbundling requirements for operations support systems, except where carriers are continuing to manage UNEs and for purposes of local interconnection and local number portability; and (5) eliminating remaining avoided-cost resale requirements. The Report and Order ended unbundling and resale requirements where they stifle technology transitions and broadband deployment, but preserved unbundling requirements where they are still necessary to realize the 1996 Act's goal of robust intermodal competition benefiting all Americans. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/06/20 85 FR 472 NPRM Comment Period End............. 03/06/20 ....................... Report & Order...................... 01/08/21 86 FR 1636 Petition for Reconsideration filed 09/29/22 ....................... by Sonic Telecom. Replies to Oppositions to Petition 10/04/22 ....................... for Reconsideration. ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Michele Berlove, Assistant Division Chief, Competition Policy Div., WCB, Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1477, Email: [email protected]. RIN: 3060-AL02 353. Establishing a 5G Fund for Rural America; GN Docket No. 20-32 [3060-AL15] Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 214; 47 U.S.C. 254; 47 U.S.C. 303(r); 47 U.S.C. 403 Abstract: The 5G Fund for Rural America will distribute up to $9 billion in universal service support through competitive bidding in two phases to bring mobile voice and 5G broadband service to rural areas of the country. 5G public interest obligations and performance requirements imposed on carriers continuing to receive legacy mobile high-cost support will help ensure that the areas they serve enjoy the benefits that 5G promises. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/26/20 85 FR 31616 Final Action........................ 11/25/20 85 FR 75770 ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Kirk Burgee, Chief of Staff, Wireline Competition Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1599, Email: [email protected]. RIN: 3060-AL15 354. Protecting Consumers From SIM Swap and Port-Out Fraud, WC Docket No. 21-341 [3060-AL34] Legal Authority: 47 U.S.C. 151, 154, 201, 222, 251, 303(r), 332 Abstract: The Commission revised its Customer Proprietary Network Information (CPNI) and Local Number Portability (LNP) rules to require wireless providers to adopt secure methods of authenticating a customer [[Page 66959]] before redirecting a customer's phone number to a new device or provider. The Commission also required wireless providers to immediately notify customers whenever a SIM change or port-out request is made on customers' accounts, and take additional steps to protect customers from SIM swap and port-out fraud. In a Further Notice of Proposed Rulemaking, the Commission sought comment on whether to harmonize the existing requirements governing customer access to CPNI with the SIM change authentication and protection measures, and on what steps the Commission can take to harmonize government efforts to address SIM swap and port-out fraud. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 10/15/21 86 FR 57390 NPRM Comment Period End............. 12/15/21 ....................... Report and Order.................... 12/18/23 88 FR 85794 FNPRM............................... 12/14/23 88 FR 86614 FNPRM Comment Period End............ 01/16/24 ....................... FNPRM Reply Comment Period End...... 02/12/24 ....................... ----------------------------------- Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jordan Marie Reth, Attorney-Advisor (PU), Federal Communications Commission, Wireline Competition Bureau, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1418, Email: [email protected]. RIN: 3060-AL34 355. Supporting Survivors of Domestic and Sexual Violence (WC Docket No. 22-238,11-42, 21-450) [3060-AL48] Legal Authority: 47 U.S.C. 151.201(b); 47 U.S.C. 301 and 303; 47 U.S.C. 307 and 309; 47 U.S.C. 316 and 345; 47 U.S.C. 403 and sec. 5(b); Pub. L. 117-223 and 136 Stat. 2280 Abstract: On July 14, 2022, the Commission initiated an inquiry into steps that the Commission could take to assist survivors of domestic violence. In the Notice of Inquiry, the Commission sought information on the scope of connectivity-based difficulties survivors face, as well as potential means by which current Commission programs could be better adapted and new programs could be developed to address survivors' needs. In particular, the Commission sought comment relating to potentially developing a centralized database of telephone numbers relating to domestic abuse support that could be used by service providers to prevent survivors' communications with support organizations from appearing on logs of calls and text messages that may be available to abusers. In the NPRM, the Commission begins the process of implementing the Safe Connections Act of 2022 (Safe Connections Act), enacted on December 7, 2022. The legislation amends the Communications Act of 1934 (Communications Act) to require mobile service providers to separate the line of a survivor of domestic violence (and other related crimes and abuse), and any individuals in the care of the survivor, from a mobile service contract shared with an abuser within two business days after receiving a request from the survivor. The Safe Connections Act also directs the Commission to issue rules, within 18 months of the statute's enactment, implementing the line separation requirement. Further, the legislation also requires the Commission to open a rulemaking within 180 days of enactment to consider whether to, and how the Commission should, establish a central database of domestic abuse hotlines to be used by service providers and require such providers to omit, subject to certain conditions, any records of calls or text messages to the hotlines from consumer-facing call and text message logs. The NPRM proposes rules as directed by these statutory requirements. On November 16, 2023, the Commission released a Report and Order. The rules largely track the statutory language, with key additions and clarifications to address privacy, account security, fraud detection, and operational or technical infeasibility. Among other things, the Commission established requirements regarding the information that survivors must submit to request a line separation and the options providers must offer to survivors making a line separation request. The Commission also adopted requirements regarding communications with consumers and survivors and restrictions on various practices in connection with line separation requests. In addition, the Commission required covered providers to train employees who may interact with survivors on how to assist them or direct them to other employees who have received such training. The Commission also delineated the financial responsibilities for monthly service costs and mobile device following a line separation, and established a compliance date of July 14, 2024, six months after the effective date of the Report and Order . Further, the Commission designated the Lifeline program to support emergency communications service for survivors that have pursued the line separation process and are suffering a financial hardship. The Commission directed USAC to develop processes to allow survivors experiencing financial hardship to apply for and enroll in the Lifeline program, and to transition survivors from emergency communications support at the end of the six-month emergency support period mandated by the Safe Connections Act. [1] With regard to protecting the privacy of calls and text messages to domestic violence hotlines, the Commission required covered providers and wireline, fixed wireless, and fixed satellite providers of voice service to: (1) omit from consumer- facing logs of calls and text messages any records of calls or text messages to covered hotlines in the central database established by the Commission; and (2) maintain internal records of calls and text messages excluded from consumer-facing logs of calls and text messages. Providers were generally given 12 months to comply with these requirements, except that small service providers were given 18 months. [1] Id. at paras. 167-73. In addition to these provisions, the Commission also considered matters relating to protecting the privacy of calls and text messages to domestic violence hotlines. In the Safe Connections Report and Order, the Commission required covered providers and wireline, fixed wireless, and fixed satellite providers of voice service to: (1) omit from consumer-facing logs of calls and text messages any records of calls or text messages to covered hotlines in the central database established by the Commission; and (2) maintain internal records of calls and text messages excluded from consumer- facing logs of calls and text messages. Id. at 59-76, paras. 105-49. Providers were generally given 12 months to comply with these requirements, except that small service providers were given 18 months. Id. at 70-74, paras. 137-44. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NOI................................. 08/18/22 Comment Period End.................. 08/18/22 Reply Comment Period End............ 09/19/22 NPRM................................ 02/17/23 88 FR 15558 NPRM Comment Period End............. 04/10/23 Reply Comment Period End............ 05/10/23 Report and Order.................... 11/16/23 88 FR 84406 ----------------------------------- [[Page 66960]] Next Action Undetermined............ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Edward Kracher, Deputy Division Chief, Wireline Competition Bureau, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, Phone: 202 418-1525. RIN: 3060-AL48 [FR Doc. 2024-16467 Filed 8-15-24; 8:45 am] BILLING CODE 6712-01-P

usgpo

2024-10-08T13:26:33.422858

FR

FR-2024-08-16/2024-16444

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66962-66963] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16444] [[Page 66961]] Vol. 89 Friday, No. 159 August 16, 2024 Part XXIII Federal Reserve System ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66962]] ----------------------------------------------------------------------- FEDERAL RESERVE SYSTEM 12 CFR Ch. II Semiannual Regulatory Flexibility Agenda AGENCY: Board of Governors of the Federal Reserve System. ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: The Board is issuing this agenda under the Regulatory Flexibility Act and the Board's Statement of Policy Regarding Expanded Rulemaking Procedures. The Board anticipates having under consideration regulatory matters as indicated below during the period July 2024 through December 2024. The next agenda will be published in fall 2024. DATES: Comments about the form or content of the agenda may be submitted any time during the next 6 months. ADDRESSES: Comments should be addressed to Ann E. Misback, Secretary of the Board, Board of Governors of the Federal Reserve System, Washington, DC 20551. FOR FURTHER INFORMATION CONTACT: A staff contact for each item is indicated with the regulatory description below. SUPPLEMENTARY INFORMATION: The Board is publishing its spring 2024 agenda as part of the Spring 2024 Unified Agenda of Federal Regulatory and Deregulatory Actions, which is coordinated by the Office of Management and Budget under Executive Order 12866. The agenda also identifies rules the Board has selected for review under section 610(c) of the Regulatory Flexibility Act, and public comment is invited on those entries. The complete Unified Agenda will be available to the public at the following website: www.reginfo.gov. Participation by the Board in the Unified Agenda is on a voluntary basis. The Board's agenda is divided into three sections. The first, Proposed Rule Stage, reports on matters the Board may consider for public comment during the next 6 months. The second section, Completed Actions, reports on regulatory matters the Board has completed or is not expected to consider further. The third section, Long-Term Actions, reports on matters where the next action is undetermined, 00/00/0000, or will occur more than 12 months after publication of the Agenda. A dot () preceding an entry indicates a new matter that was not a part of the Board's previous agenda. Erin Cayce, Assistant Secretary of the Board. Federal Reserve System--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 356....................... Source of Strength 7100-AE73 (Section 610 Review). ------------------------------------------------------------------------ Federal Reserve System--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 357....................... Regulation LL--Savings and 7100-AD80 Loan Holding Companies and Regulation MM--Mutual Holding Companies (Docket No: R-1429). ------------------------------------------------------------------------ FEDERAL RESERVE SYSTEM (FRS) Long-Term Actions 356. Source of Strength (Section 610 Review) [7100-AE73] Legal Authority: 12 U.S.C. 1831(o) Abstract: The Board of Governors of the Federal Reserve System (Board), the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC) plan to issue a proposed rule to implement section 616(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 616(d) requires that bank holding companies, savings and loan holding companies, and other companies that directly or indirectly control an insured depository institution serve as a source of strength for the insured depository institution. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Board Expects Further Action........ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Undetermined. Agency Contact: Melissa Clark, Lead Financial Institution Policy Analyst, Federal Reserve System, Division of Supervision and Regulation, Washington, DC 20551, Phone: 202 452-2277. Vivian Joel, Lead Financial Institution Policy Analyst, Federal Reserve System, Division of Supervision and Regulation, Washington, DC 20551, Phone: 202 912-4313. Jay Schwarz, Deputy Associate General Counsel, Federal Reserve System, Legal Division, Washington, DC 20551, Phone: 202 452-2970. Claudia Von Pervieux, Senior Counsel, Federal Reserve System, Legal Division, Washington, DC 20551, Phone: 202 452-2552. RIN: 7100-AE73 FEDERAL RESERVE SYSTEM (FRS) Completed Actions 357. Regulation LL--Savings and Loan Holding Companies and Regulation MM--Mutual Holding Companies (Docket No: R-1429) [7100-AD80] Legal Authority: 5 U.S.C. 552; 5 U.S.C. 559; 5 U.S.C. 1813; 5 U.S.C. 1817; 5 U.S.C. 1828 Abstract: The Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act) transferred responsibility for supervision of Savings and Loan Holding Companies (SLHCs) and their non-depository subsidiaries from the Office of Thrift Supervision (OTS) to the Board of Governors of the Federal Reserve System (the Board), on July 21, 2011. The Act also transferred supervisory functions related to Federal savings associations and State savings associations to the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC), respectively. The Board on August 12, 2011, approved an interim final rule for SLHCs, including [[Page 66963]] a request for public comment. The interim final rule transferred from the OTS to the Board the regulations necessary for the Board to supervise SLHCs, with certain technical and substantive modifications. The interim final rule has three components: (1) New Regulation LL (part 238), which sets forth regulations generally governing SLHCs; (2) new Regulation MM (part 239), which sets forth regulations governing SLHCs in mutual form; and (3) technical amendments to existing Board regulations necessary to accommodate the transfer of supervisory authority for SLHCs from the OTS to the Board. The structure of interim final Regulation LL closely follows that of the Board's Regulation Y, which governs bank holding companies, in order to provide an overall structure to rules that were previously found in disparate locations. In many instances, interim final Regulation LL incorporated OTS regulations with only technical modifications to account for the shift in supervisory responsibility from the OTS to the Board. Interim final Regulation LL also reflects statutory changes made by the Dodd-Frank Act with respect to SLHCs, and incorporates Board precedent and practices with respect to applications processing procedures and control issues, among other matters. Interim final Regulation MM organized existing OTS regulations governing SLHCs in mutual form (MHCs) and their subsidiary holding companies into a single part of the Board's regulations. In many instances, interim final Regulation MM incorporated OTS regulations with only technical modifications to account for the shift in supervisory responsibility from the OTS to the Board. Interim final Regulation MM also reflects statutory changes made by the Dodd-Frank Act with respect to MHCs. The interim final rule also made technical amendments to Board rules to facilitate supervision of SLHCs, including to rules implementing Community Reinvestment Act requirements and to Board procedural and administrative rules. In addition, the Board made technical amendments to implement section 312(b)(2)(A) of the Act, which transfers to the Board all rulemaking authority under section 11 of the Home Owner's Loan Act relating to transactions with affiliates and extensions of credit to executive officers, directors, and principal shareholders. These amendments include revisions to parts 215 (Insider Transactions) and part 223 (Transactions with Affiliates) of Board regulations. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Board Requested Comment............. 09/13/11 76 FR 56508 Withdrawn........................... 02/23/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Scott Tkacz, Senior Special Counsel, Federal Reserve System, Legal Division, Washington, DC 20551, Phone: 202 452- 2744. Victoria Szybillo, Senior Counsel, Federal Reserve System, Legal Division, Washington, DC 20551, Phone: 202 475-6325. RIN: 7100-AD80 [FR Doc. 2024-16444 Filed 8-15-24; 8:45 am] BILLING CODE 6210-01-P

usgpo

2024-10-08T13:26:33.459358

FR

FR-2024-08-16/2024-16468

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66966-66967] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16468] [[Page 66965]] Vol. 89 Friday, No. 159 August 16, 2024 Part XXIV Federal Trade Commission ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66966]] ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION 16 CFR Ch. I Semiannual Regulatory Agenda AGENCY: Federal Trade Commission. ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: The Federal Trade Commission (FTC or Commission) is publishing its semiannual regulatory agenda in accordance with section 22(d)(1) of the Federal Trade Commission Act, 15 U.S.C. 57b-3(d)(1) and the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 to 612, as amended by the Small Business Regulatory Enforcement Fairness Act. The Commission's agenda follows guidelines and procedures issued February 20, 2024, by the Office of Management and Budget in accordance with the provisions of Executive Order 12866, ``Regulatory Planning and Review,'' of September 30, 1993, 58 FR 51735 (Oct. 4, 1993). The Government-wide Unified Agenda of Federal Regulatory and Deregulatory Actions includes a list of all regulatory actions under development or review and is scheduled for publication in its entirety on www.reginfo.gov and www.regulations.gov in a format that offers users a greatly enhanced ability to obtain information from the agenda database. The RFA requires publication in the Federal Register of agenda entries for rules that are likely to have a significant impact on a substantial number of small entities (5 U.S.C. 602) and any such rules that the agency has identified for periodic review under section 610 of the RFA. For spring 2024, the Commission has one rule, the newly issued Non-Compete Clause Rule which will be codified at 16 CFR 910, that meets the RFA's publication requirements. In addition, the Commission has three rules or rulemakings that would be a ``significant regulatory action'' under the definition in Executive Order 12866: the proposed amendments to the Premerger Notification Rules and Report Form, found at 16 CFR 801-803 and relating to substantive HSR form changes, including implementing congressionally-mandated reporting requirements on foreign subsidies; the recently promulgated Combating Auto Retail Scams Trade Regulation Rule, which will be codified at 16 CFR 463; and the newly issued Non-Compete Clause Rule, which will be codified at 16 CFR 910. The Commission has identified rulemakings that are likely to have some impact on small entities, but do not meet the RFA's publication requirements. The current rulemakings that are likely to have some impact on small entities are: (1) the Energy Labeling Rule, 16 CFR 305; (2) the Alternative Fuels Rule, 16 CFR 309; (3) the Telemarketing Sales Rule, 16 CFR 310; (3) the Children's Online Privacy Protection Rule, 16 CFR 312; (4) the Safeguards Rule, 16 CFR 314; (5) the Health Breach Notification Rule, 16 CFR 318; (6) the Care Labeling Rule, 16 CFR 423; (7) the Negative Option Rule, 16 CFR 425; (8) the Cooling-Off Rule, 16 CFR 429; (9) the Amplifier Rule, 16 CFR 432; (10) the Franchise Rule, 16 CFR 436; (11) the Business Opportunity Rule, 16 CFR 437; (12) the Funeral Rule, 16 CFR 453; (13) the Eyeglass Rule, 16 CFR 456; (14) the newly promulgated Trade Regulation Rule on Impersonation of Government and Businesses 16 CFR 461; (15) the newly promulgated Combating Auto Retail Scams Trade Regulation Rule, 16 CFR 463; (16) the Identity Theft Rules, 16 CFR 681; (17) the newly issued Non-Compete Clause Rule, to be codified at 16 CFR 910; (18) the newly proposed Trade Regulation Rule on Earnings Claims; (19) the potential Trade Regulation Rule on Commercial Surveillance; (20) the newly proposed Trade Regulation Rule Concerning Reviews and Endorsements; and (21) the newly proposed Trade Regulation Rule on Unfair and Deceptive Fees. The Commission's rulemaking review process carefully considers regulatory burdens and streamlines rules when feasible and appropriate. The majority of the rulemakings listed in the agenda are being conducted as part of the Commission's systematic review of all of its regulations and guides on a rotating basis. Under the Commission's program, rules are reviewed on a 10-year schedule. In each rule review, the Commission requests public comments on, among other things, the economic impact and benefits of the rule; possible conflict between the rule and state, local, or other federal laws or regulations; and the effect on the rule of any technological, economic, or other industry changes. These reviews incorporate and expand upon the review required by the RFA and regulatory reform initiatives directing agencies to conduct a review of all regulations and eliminate or revise those that are outdated or otherwise in need of reform. Except for notice of completed actions, the information in this agenda represents the judgment of Commission staff, based upon information now available. Each projected date of action reflects FTC staff's assessment that the specified event will occur this year. No final determination by the staff or the Commission respecting the need for or the substance of a rule should be inferred from the notation of projected events in this agenda. In most instances, the dates of future events are listed by month, not by a specific day. The information in this agenda may change as new information, changes of circumstances, or changes in the law occur. FOR FURTHER INFORMATION CONTACT: For information about specific regulatory actions listed in the agenda, call, email, or write the contact person listed for each particular proceeding. General comments or questions about the agenda should be directed to G. Richard Gold; Attorney, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, telephone: (202) 326-3355; email: [email protected]. By direction of the Commission. April J. Tabor, Secretary. Federal Trade Commission--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 358....................... Non-Compete Clause Rule... 3084-AB74 ------------------------------------------------------------------------ [[Page 66967]] FEDERAL TRADE COMMISSION (FTC) Final Rule Stage 358. Non-Compete Clause Rule [3084-AB74] Legal Authority: 15 U.S.C. 41 to 58 Abstract: On January 19, 2023, the Commission proposed the Non- Compete Clause Rule. 88 FRS 3482 (Jan. 19, 2023). The comment period as extended closed on April 19, 2023, 88 FR 20441 (Apr. 6, 2023), and the Commission received over 26,000 public comments. The Commission issued a final rule on May 7, 2024. 89 FR 38342 (May 7, 2024). The Non-Compete Clause Rule provides that it is an unfair method of competition and therefore a violation of Section 5 of the Federal Trade Commission Act for persons to, among other things, enter into or attempt to enter into non-compete clauses with workers on or after the final rule's effective date. With respect to existing non-compete clauses, i.e., non-compete clauses entered into before the effective date, the final rule adopts a different approach for senior executives than for other workers. For senior executives, existing non-compete clauses can remain in force, while existing non-compete clauses with other workers are not enforceable after the effective date. The final rule becomes effective on September 4, 2024. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/19/23 88 FR 3482 NPRM Comment Period Extended........ 04/06/23 88 FR 20441 NPRM Extended Comment Period End.... 04/19/23 ....................... Final Rule.......................... 05/07/24 89 FR 38342 Final Rule Effective................ 09/04/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Karuna Patel, Attorney, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, Phone: 202 326-2510, Email: [email protected]. RIN: 3084-AB74 [FR Doc. 2024-16468 Filed 8-15-24; 8:45 am] BILLING CODE 6750-01-P

usgpo

2024-10-08T13:26:33.492963

FR

FR-2024-08-16/2024-16469

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66970-66973] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16469] [[Page 66969]] Vol. 89 Friday, No. 159 August 16, 2024 Part XXV Nuclear Regulatory Commission ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66970]] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2024-0059] 10 CFR Chapter I Unified Agenda of Federal Regulatory and Deregulatory Actions AGENCY: Nuclear Regulatory Commission. ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: We are publishing our semiannual regulatory agenda (the Agenda) in accordance with Public Law 96-354, ``The Regulatory Flexibility Act,'' and Executive Order 12866, ``Regulatory Planning and Review.'' The NRC's Agenda is a compilation of all rulemaking activities on which we have recently completed action or have proposed or are considering action. We have completed 8 rulemaking activities since our complete Agenda was issued online at the Office of Management and Budget's website at https://www.reginfo.gov on December 6, 2023. This issuance of our Agenda contains 37 active and 19 long term rulemaking activities: 3 are Economically Significant in accordance with Section 3(f)(1) of E.O. 12866; 19 represent Other Significant agency priorities; 36 are Substantive, Nonsignificant rulemaking activities; and 6 are Administrative rulemaking activities. In addition, 7 rulemaking activities impact small entities. We are requesting comments on the rulemaking activities as identified in this Agenda. DATES: Submit comments on rulemaking activities as identified in this Agenda by September 16, 2024. ADDRESSES: Submit comments on any rulemaking activity in the Agenda by the date and methods specified in the Federal Register notice for the rulemaking activity. Comments received on rulemaking activities for which the comment period has closed will be considered if it is practical to do so, but assurance of consideration cannot be given except for comments received on or before the closure date specified in the Federal Register notice. You may submit comments on this Agenda through the Federal Rulemaking website by going to https://www.regulations.gov and searching for Docket ID NRC-2024-0059. Address questions about NRC dockets to Helen Chang, telephone: 301-415-3228; email: [email protected]. For additional direction on obtaining information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Cindy K. Bladey, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-3280; email: [email protected]. Persons outside the Washington, DC, metropolitan area may call, toll-free: 1-800-368-5642. For further information on the substantive content of any rulemaking activity listed in the Agenda, contact the individual listed under the heading ``Agency Contact'' for that rulemaking activity. SUPPLEMENTARY INFORMATION: Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2024-0059 when contacting the NRC about the availability of information for this document. You may obtain publicly available information related to this document by any of the following methods: Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0059. NRC's PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to [email protected] or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays. Reginfo.gov: For completed rulemaking activities go to https://www.reginfo.gov/public/do/eAgendaHistory?showStage=completed, select ``Spring 2024 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions'' from the drop-down menu, and select ``Nuclear Regulatory Commission'' from the drop-down menu. For active rulemaking activities go to https://www.reginfo.gov/public/do/eAgendaMain and select ``Nuclear Regulatory Commission'' from the drop-down menu. For long term rulemaking activities go to https://www.reginfo.gov/public/do/eAgendaMain, select link for ``Current Long Term Actions,'' and select ``Nuclear Regulatory Commission'' from the drop-down menu. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-2024-0059 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into the NRC's Agencywide Documents Access and Management System (ADAMS). The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. Introduction The Agenda is a compilation of all rulemaking activities on which an agency has recently completed action or has proposed or is considering action. The Agenda reports rulemaking activities in three major categories: completed, active, and long term. Completed rulemaking activities are those that were completed since publication of an agency's last Agenda; active rulemaking activities are those for which an agency currently plans to have an Advance Notice of Proposed Rulemaking, a Proposed Rule, or a Final Rule issued within the next 12 months; and long term rulemaking activities are rulemaking activities under development but for which an agency does not expect to have a regulatory action within the 12 months after publication of the current edition of the Unified Agenda. The NRC assigns a ``Regulation Identifier Number'' (RIN) to a rulemaking activity when the Commission initiates a rulemaking and approves a rulemaking plan, or when the NRC staff begins work on a Commission-delegated rulemaking that does not require a rulemaking plan. The Office of Management and Budget uses this number to track all relevant documents throughout the entire ``lifecycle'' of a particular rulemaking activity. The NRC reports all rulemaking activities in the Agenda that have been assigned a RIN and meet the definition for a completed, an active, or a long term rulemaking activity. [[Page 66971]] The information contained in this Agenda is updated to reflect agency priorities, planning and coordination of public engagement efforts, and regulatory actions that have occurred on a rulemaking activity since publication of our last Agenda on February 9, 2024. Specifically, the information in this Agenda has been updated through May 15, 2024. The NRC provides additional information on planned rulemaking and petition for rulemaking activities, including priority and schedule, in the NRC's Rulemaking Tracking System on our website at https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/ruleindex.html. The date for the next scheduled action under the heading ``Timetable'' is the date the next regulatory action for the rulemaking activity is scheduled to be published in the Federal Register. The date is considered tentative and is not binding on the Commission or its staff. The Agenda is intended to provide the public early notice and opportunity to participate in our rulemaking process. However, we may consider or act on any rulemaking activity even though it is not included in the Agenda. Section 610 Periodic Reviews Under the Regulatory Flexibility Act Section 610 of the Regulatory Flexibility Act (RFA) requires agencies to conduct a review within 10 years of issuance of those regulations that have or will have a significant economic impact on a substantial number of small entities. We undertake these reviews to decide whether the rules should be unchanged, amended, or withdrawn. We have one review that has a significant economic impact on a substantial number of small entities. Please see docket NRC-2023-0062 at https://www.regulations.gov to comment on NRC's ongoing review, ``Section 610 Review of Physical Protection of Byproduct Material''. A complete listing of our regulations that impact small entities and related Small Entity Compliance Guides are available from NRC's website at https://www.nrc.gov/about-nrc/regulatory/rulemaking/flexibility-act/small-entities.html. For the Nuclear Regulatory Commission. Cindy K. Bladey, Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards. Nuclear Regulatory Commission--Prerule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 359....................... Physical Protection of 3150-AK94 Byproduct Material [NRC- 2023-0062] (Section 610 Review). ------------------------------------------------------------------------ Nuclear Regulatory Commission--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 360....................... Revision to the NRC's 3150-AJ36 Acquisition Regulation (NRCAR) [NRC-2014-0033]. 361....................... Revision of Fee Schedules: 3150-AK95 Fee Recovery for FY 2025 [NRC-2023-0069]. ------------------------------------------------------------------------ Nuclear Regulatory Commission--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 362....................... Items Containing Byproduct 3150-AJ54 Material Incidental to Production [NRC-2015- 0017]. 363....................... Revision of Fee Schedules: 3150-AL12 Fee Recovery for FY 2026 [NRC-2023-0212]. ------------------------------------------------------------------------ Nuclear Regulatory Commission--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 364....................... Revision of Fee Schedules: 3150-AK74 Fee Recovery for Fiscal Year 2024 [NRC-2022-0046]. ------------------------------------------------------------------------ NUCLEAR REGULATORY COMMISSION (NRC) Prerule Stage 359. Physical Protection of Byproduct Material [NRC-2023-0062] (Section 610 Review) [3150-AK94] Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841 Abstract: On March 19, 2013, the U.S. Nuclear Regulatory Commission (NRC) promulgated Physical Protection of Byproduct Material (78 FR 16922). The rule amended NRC's regulations to establish security requirements for the use and transport of category 1 and category 2 quantities of radioactive material. Subsequently, on September 30, 2014, the NRC promulgated Safeguards Information--Modified Handling Categorization; Change for Materials Facilities (79 FR 58664), to protect security-related information for large irradiators, manufacturers and distributors, and for the transport of category 1 quantities of radioactive material using the information protection requirements in Part 37. This new entry in the regulatory agenda announces that NRC plans to conduct a review of this action pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 610) to determine if the provisions that could affect small entities should be continued without change or should be rescinded or amended to minimize adverse economic impacts on small entities. As part of this review, NRC will consider the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the [[Page 66972]] technology, economic conditions or other factors have changed in the area affected by the rule. As part of this review, the NRC will solicit public comments. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Final Action........................ 03/19/13 78 FR 16922 Begin Review........................ 07/27/23 88 FR 48688 End Review.......................... 11/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Gregory Trussell, Nuclear Regulatory Commission, Office of Nuclear Material Safety and Safeguards, Washington, DC 20555- 0001, Phone: 301 415-6445, Email: [email protected]. RIN: 3150-AK94 NUCLEAR REGULATORY COMMISSION (NRC) Proposed Rule Stage 360. Revision to the NRC's Acquisition Regulation (NRCAR) [NRC-2014- 0033] [3150-AJ36] Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841 Abstract: This rulemaking would amend the NRC's acquisition regulation that governs the procurement of goods and services for the agency. The purpose of this rulemaking is to update the NRC's acquisitions regulations (NRCAR) to conform with external regulations, incorporate NRC organizational changes, and remove outdated or obsolete information. The revisions would affect both internal and external stakeholders (contractors) and are needed to support current NRC contracting policies and ensure openness, transparency, and effectiveness in agency acquisitions. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jill Daly, Nuclear Regulatory Commission, Office of Administration, Washington, DC 20055-0001, Phone: 301 415-8079, Email: [email protected]. RIN: 3150-AJ36 361. Revision of Fee Schedules: Fee Recovery for FY 2025 [NRC-2023- 0069] [3150-AK95] Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42 U.S.C. 5841 Abstract: This rulemaking would amend the NRC's regulations for fee schedules. The NRC conducts this rulemaking annually to recover, to the maximum extent practicable, approximately 100 percent of the NRC's budget authority, less the budget authority for excluded activities to implement the Nuclear Energy Innovation and Modernization Act. NEIMA requires that the FY 2025 fees be collected by September 30, 2025. This rulemaking would affect the fee schedules for licensing, inspection, and annual fees charged to the NRC's applicants and licensees. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/00/25 Final Rule.......................... 06/00/25 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jo Jacobs, Nuclear Regulatory Commission, Office of the Chief Financial Officer, Washington, DC 20555-0001, Phone: 301 415- 8388, Email: [email protected]. RIN: 3150-AK95 NUCLEAR REGULATORY COMMISSION (NRC) Long-Term Actions 362. Items Containing Byproduct Material Incidental to Production [NRC- 2015-0017] [3150-AJ54] Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841 Abstract: This rulemaking would amend the NRC's regulations regarding requirements for track-etched membranes that have been irradiated with mixed fission products during the production process. The rule also would accommodate the licensing and distribution of other irradiated products (e.g., gemstones) without the need for a specific exemption for each distributor. This rulemaking would affect the licensees and applicants for items containing byproduct material incidental to production. The rulemaking addresses a petition for rulemaking (PRM-30-65). Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Regulatory Basis.................... 02/02/21 86 FR 7819 Regulatory Basis Comment Period End. 04/05/21 NPRM................................ 06/27/22 87 FR 38012 NPRM Comment Period End............. 09/12/22 Final Rule.......................... 12/00/25 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Caylee Kenny, Nuclear Regulatory Commission, Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001, Phone: 301 415-7150, Email: [email protected]. RIN: 3150-AJ54 363. Revision of Fee Schedules: Fee Recovery for FY 2026 [NRC- 2023-0212] [3150-AL12] Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42 U.S.C. 5841 Abstract: This rulemaking would amend the NRC's regulations for fee schedules. The NRC conducts this rulemaking annually to recover approximately 100 percent of the NRC's FY 2026 budget authority, less excluded activities to implement NEIMA. This rulemaking would affect the fee schedules for licensing, inspection, and annual fees charged to the NRC's applicants and licensees. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ To Be Determined ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Anthony Rossi, Nuclear Regulatory Commission, Office of the Chief Financial Officer, Washington, DC 20555-0001, Phone: 301 415-7341, Email: [email protected]. RIN: 3150-AL12 NUCLEAR REGULATORY COMMISSION (NRC) Completed Actions 364. Revision of Fee Schedules: Fee Recovery for Fiscal Year 2024 [NRC- 2022-0046] [3150-AK74] Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42 U.S.C. 5841 Abstract: This rulemaking would amend the NRC's regulations for fee schedules. The NRC conducts this rulemaking annually to recover, to the maximum extent practicable, [[Page 66973]] approximately 100 percent of the NRC's budget authority, less the budget authority for excluded activities to implement the Nuclear Energy Innovation and Modernization Act. This rulemaking would affect the fee schedules for licensing, inspection, and annual fees charged to the NRC's applicants and licensees. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 02/20/24 89 FR 12759 NPRM Comment Period End............. 03/21/24 Final Rule.......................... 06/20/24 89 FR 51789 Final Rule Effective................ 08/19/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Anthony Rossi, Nuclear Regulatory Commission, Office of the Chief Financial Officer, Washington, DC 20555-0001, Phone: 301 415-7341, Email: [email protected]. RIN: 3150-AK74 [FR Doc. 2024-16469 Filed 8-15-24; 8:45 am] BILLING CODE 7590-01-P

usgpo

2024-10-08T13:26:33.539466

FR

FR-2024-08-16/2024-16470

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Pages 66976-66983] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16470] [[Page 66975]] Vol. 89 Friday, No. 159 August 16, 2024 Part XXVI Securities and Exchange Commission ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66976]] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION 17 CFR Ch. II [Release Nos. 33-11287; 34-100157; IA-6605; IC-35194; File No. S7-2024- 03] Regulatory Flexibility Agenda AGENCY: Securities and Exchange Commission. ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: The Securities and Exchange Commission is publishing the Chair's agenda of rulemaking actions pursuant to the Regulatory Flexibility Act (RFA) (Pub. L. 96-354, 94 Stat. 1164) (Sept. 19, 1980). The items listed in the Regulatory Flexibility Agenda for Spring 2024 reflect only the priorities of the Chair of the U.S. Securities and Exchange Commission, and do not necessarily reflect the views and priorities of any individual Commissioner. Information in the agenda was accurate on May 1, 2024, the date on which the Commission's staff completed compilation of the data. To the extent possible, rulemaking actions by the Commission since that date have been reflected in the agenda. The Commission invites questions and public comment on the agenda and on the individual agenda entries. The Commission is now printing in the Federal Register, along with our preamble, only those agenda entries for which we have indicated that preparation of an RFA analysis is required. The Commission's complete RFA agenda will be available online at www.reginfo.gov. DATES: Comments should be received on or before September 16, 2024. ADDRESSES: Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's internet comment form (https://www.sec.gov/rules/2024/05/s7-2024-03); or Send an email to [email protected]. Please include File Number S7-2024-03 on the subject line. Paper Comments Send paper comments to Vanessa A. Countryman, Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to File No. S7-2024-03. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's website (https://www.sec.gov/rules/2024/05/s7-2024-03). Comments are also available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Operating conditions may limit access to the Commission's Public Reference Room. Do not include personal identifying information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. FOR FURTHER INFORMATION CONTACT: Sarit Klein, Office of the General Counsel, 202-551-5037. SUPPLEMENTARY INFORMATION: The RFA requires each Federal agency, twice each year, to publish in the Federal Register an agenda identifying rules that the agency expects to consider in the next 12 months that are likely to have a significant economic impact on a substantial number of small entities (5 U.S.C. 602(a)). The RFA specifically provides that publication of the agenda does not preclude an agency from considering or acting on any matter not included in the agenda and that an agency is not required to consider or act on any matter that is included in the agenda (5 U.S.C. 602(d)). The Commission may consider or act on any matter earlier or later than the estimated date provided on the agenda. While the agenda reflects the current intent to complete a number of rulemakings in the next year, the precise dates for each rulemaking at this point are uncertain. Actions that do not have an estimated date are placed in the long-term category; the Commission may nevertheless act on items in that category within the next 12 months. The agenda includes new entries, entries carried over from prior publications, and rulemaking actions that have been completed (or withdrawn) since publication of the last agenda. The following abbreviations for the acts administered by the Commission are used in the agenda: ``Securities Act''--Securities Act of 1933 ``Exchange Act''--Securities Exchange Act of 1934 ``Investment Company Act''--Investment Company Act of 1940 ``Investment Advisers Act''--Investment Advisers Act of 1940 ``Dodd Frank Act''--Dodd-Frank Wall Street Reform and Consumer Protection Act The Commission invites public comment on the agenda and on the individual agenda entries. By the Commission. Vanessa A. Countryman, Secretary. 3 OOD--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 365....................... EDGAR Filer Access and 3235-AM58 Account Management. ------------------------------------------------------------------------ Division of Corporation Finance--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 366....................... Rule 144 Holding Period... 3235-AM78 ------------------------------------------------------------------------ [[Page 66977]] Division of Corporation Finance--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 367....................... Rule 14a-8 Amendments..... 3235-AM91 ------------------------------------------------------------------------ Division of Corporation Finance--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 368....................... Prohibition Against 3235-AL04 Conflicts of Interest in Certain Securitizations. 369....................... The Enhancement and 3235-AM87 Standardization of Climate-Related Disclosures for Investors. 370....................... Special Purpose 3235-AM90 Acquisition Companies, Shell Companies, and Projections. ------------------------------------------------------------------------ Division of Investment Management--Proposed Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 371....................... Customer Identification 3235-AN34 Programs for Registered Investment Advisers and Exempt Reporting Advisers. ------------------------------------------------------------------------ Division of Investment Management--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 372....................... Enhanced Disclosures by 3235-AM96 Certain Investment Advisers and Investment Companies about Environmental, Social, and Governance Investment Practices. 373....................... Cybersecurity Risk 3235-AN08 Management for Investment Advisers, Registered Investment Companies, and Business Development Companies. 374....................... Outsourcing by Investment 3235-AN18 Advisers. ------------------------------------------------------------------------ Division of Investment Management--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 375....................... Regulation S P: Privacy of 3235-AN26 Consumer Financial Information and Safeguarding Customer Information. 376....................... Exemption for Certain 3235-AN31 Investment Advisers Operating Through the Internet. ------------------------------------------------------------------------ Division of Trading and Markets--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 377....................... Electronic Submission of 3235-AL85 Certain Materials Under the Securities Exchange Act of 1934; Amendments Regarding FOCUS Report. 378....................... Amendments to Exchange Act 3235-AM45 Rule 3b-16 re Definition of ``Exchange''; Regulation ATS and Regulation SCI for ATSs That Trade U.S. Government Securities, NMS Stocks and Other Securities. 379....................... Cybersecurity Risk 3235-AN15 Management Rules for Broker-Dealers, Clearing Agencies, MSBSPs, the MSRB, National Securities Associations, National Securities Exchanges, SBSDRs, SBS Dealers, and Transfer Agents. 380....................... Regulation NMS: Minimum 3235-AN23 Pricing Increments, Access Fees, and Transparency of Better Priced Orders. 381....................... Regulation Best Execution. 3235-AN24 ------------------------------------------------------------------------ SECURITIES AND EXCHANGE COMMISSION (SEC) 3 OOD Final Rule Stage 365. Edgar Filer Access and Account Management [3235-AM58] Legal Authority: 15 U.S.C. 77c; 15 U.S.C. 77f; 15 U.S.C. 77g; 15 U.S.C. 78l; 15 U.S.C. 78m; . . . Abstract: The EDGAR Business Office is considering recommending that the Commission adopt rules and amendments concerning access to and management of accounts on the Commission's Electronic Data Gathering, Analysis, and Retrieval system (EDGAR'') that are related to potential technical changes to EDGAR (collectively referred to as EDGAR Next''). The Commission proposed to require that electronic filers (filers'') authorize and maintain designated individuals as account administrators and that filers, through their account administrators, take certain actions to manage their accounts on a dashboard on EDGAR. Further, the Commission proposed that filers may only authorize individuals as account administrators or in the other roles described herein if those individuals first obtain individual [[Page 66978]] account credentials in the manner to be specified in the EDGAR Filer Manual. As part of the EDGAR Next changes, the Commission would offer filers optional Application Programming Interfaces (``APIs'') for machine-to-machine communication with EDGAR, including submission of filings and retrieval of related information. If the proposed rule and form amendments are adopted, the Commission would make corresponding changes to the EDGAR Filer Manual and implement the potential technical changes. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 09/22/23 88 FR 65524 NPRM Comment Period End............. 11/21/23 Final Action........................ 10/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Rosemary Filou, Chief Counsel, EDGAR Business Office, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-4813, Email: [email protected]. RIN: 3235-AM58 SECURITIES AND EXCHANGE COMMISSION (SEC) Division of Corporation Finance Proposed Rule Stage 366. Rule 144 Holding Period [3235-AM78] Legal Authority: 15 U.S.C. 77b; 15 U.S.C. 77b note; 15 U.S.C. 77c; 15 U.S.C. 77d; 15 U.S.C. 77f; 15 U.S.C. 77g; 15 U.S.C. 77h; 15 U.S.C. 77j; 15 U.S.C. 77r; 15 U.S.C. 77s; 15 U.S.C. 77z-3; 15 U.S.C. 77sss; 15 U.S.C. 78c; 15 U.S.C. 78d; 15 U.S.C. 78j; 15 U.S.C. 78l; 15 U.S.C. 78m; 15 U.S.C. 78n; 15 U.S.C. 78o; 15 U.S.C. 78o-7 note; 15 U.S.C. 78t; 15 U.S.C. 78w; 15 U.S.C. 78ll(d); 15 U.S.C. 78mm; 15 U.S.C. 80a-8; 15 U.S.C. 80a-24; 15 U.S.C. 80a-26; 15 U.S.C. 80a-28; 15 U.S.C. 80a-29; 15 U.S.C. 80a-30; 15 U.S.C. 80a-37; Pub. L. 112-106, sec. 201(a), sec. 401, 126 Stat. 313 (2012); Sec. 401 Pub. L. 112-106, 126 Stat. 313 (2012); Sec. 107, Pub. L. 112-106, 126 Stat. 312; 12 U.S.C. 5461 et seq. ; 15 U.S.C. 77s(a); 15 U.S.C. 77z-2; 15 U.S.C. 77sss(a); 15 U.S.C. 78a et seq.; 15 U.S.C. 78c(b); 15 U.S.C. 78o(d); 15 U.S.C. 78u-5; 15 U.S.C. 78w(a); 15 U.S.C. 78ll; 15 U.S.C. 80a-2(a); 15 U.S.C. 80a-3; 15 U.S.C. 80a-6(c); 15 U.S.C. 80a-9; 15 U.S.C. 80a-10; 15 U.S.C. 80a-13; 15 U.S.C. 7201 et seq. ; 18 U.S.C. 1350; Sec. 107, Pub. L. 112-106, 126 Stat. 312; Sec. 953(b) Pub. L. 111-203, 124 Stat. 1904; Sec. 102(a)(3) Pub. L. 112-106, 126 Stat. 309 (2012); Sec. 107, Pub. L. 112-106, 126 Stat. 313 (2012); Sec. 72001 Pub. L. 114-94, 129 Stat. 1312 (2015); . . . Abstract: The Division is considering recommending that the Commission repropose amendments to Rule 144, a non-exclusive safe harbor that permits the public resale of restricted or control securities if the conditions of the rule are met. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/19/21 86 FR 5063 NPRM Comment Period End............. 03/22/21 Second NPRM......................... 04/00/25 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Luna Bloom, Attorney Adviser, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-3194, Email: [email protected]. RIN: 3235-AM78 SECURITIES AND EXCHANGE COMMISSION (SEC) Division of Corporation Finance Final Rule Stage 367. Rule 14a-8 Amendments [3235-AM91] Legal Authority: 15 U.S.C. 78c(b); 15 U.S.C. 78n; 15 U.S.C. 78w(a); 15 U.S.C. 80a-20(a); 15 U.S.C. 80a-29; 15 U.S.C. 80a-37; . . . Abstract: The Division is considering recommending that the Commission adopt rule amendments regarding shareholder proposals under Rule 14a-8. The Commission proposed to, among other things, update certain substantive bases for exclusion of shareholder proposals under the Commission's shareholder proposal rule. The proposed amendments would amend the substantial implementation exclusion, the duplication exclusion, and the resubmission exclusion. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 07/27/22 87 FR 45052 NPRM Comment Period End............. 09/12/22 Final Action........................ 04/00/25 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Steve Hearne, Special Counsel, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-3430, Email: [email protected]. RIN: 3235-AM91 SECURITIES AND EXCHANGE COMMISSION (SEC) Division of Corporation Finance Completed Actions 368. Prohibition Against Conflicts of Interest in Certain Securitizations [3235-AL04] Legal Authority: 15 U.S.C. 77b; 15 U.S.C. 77b note; 15 U.S.C. 77c; 15 U.S.C. 77d; 15 U.S.C. 77f; 15 U.S.C. 77g; 15 U.S.C. 77h; 15 U.S.C. 77j; 15 U.S.C. 77r; 15 U.S.C. 77s; 15 U.S.C. 77z-3; 15 U.S.C. 77sss; 15 U.S.C. 78c; 15 U.S.C. 78d; 15 U.S.C. 78j; 15 U.S.C. 78l; 15 U.S.C. 78m; 15 U.S.C. 78n; 15 U.S.C. 78o; 15 U.S.C. 78o-7 note; 15 U.S.C. 78t; 15 U.S.C. 78w; 15 U.S.C. 78ll(d); 15 U.S.C. 78mm; 15 U.S.C. 80a-8; 15 U.S.C. 80a-24; 15 U.S.C. 80a-28; 15 U.S.C. 80a-29; 15 U.S.C. 80a-30; 15 U.S.C. 80a-37; Pub. L. 112-106, sec. 201(a), sec. 401, 126 Stat. 313(2012), unless otherwise noted; . . . Abstract: The Commission adopted a rule to implement Section 621 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 prohibiting an underwriter, placement agent, initial purchaser, or sponsor of an asset-backed security (including a synthetic asset backed security), or certain affiliates or subsidiaries of any such entity, from engaging in any transaction that would involve or result in certain material conflicts of interest. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 09/28/11 76 FR 60320 NPRM Comment Period End............. 12/19/11 NPRM Comment Period Extended........ 12/16/11 76 FR 78181 NPRM Comment Period Extended End.... 01/13/12 NPRM Comment Period Extended........ 01/03/12 77 FR 24 NPRM Comment Period Extended End.... 02/13/12 Second NPRM......................... 02/14/23 88 FR 9678 Second NPRM Comment Period End...... 03/27/23 Final Action........................ 12/07/23 88 FR 85396 [[Page 66979]] Final Action Effective.............. 02/05/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Rolaine Bancroft, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-3430. RIN: 3235-AL04 369. The Enhancement and Standardization of Climate-Related Disclosures for Investors [3235-AM87] Legal Authority: 15 U.S.C. 77g; 15 U.S.C. 77j; 15 U.S.C. 77s(a); 15 U.S.C. 77z-3; 15 U.S.C. 78c(b); 15 U.S.C. 78l; 15 U.S.C. 78m; 15 U.S.C. 78o; 15 U.S.C. 78mm; . . . Abstract: The Commission adopted amendments to its rules under the Securities Act of 1933 and Securities Exchange Act of 1934 that will require registrants to provide certain climate-related information in their registration statements and annual reports. The final rules will require information about a registrant's climate-related risks that have materially impacted, or are reasonably likely to have a material impact on, its business strategy, results of operations, or financial condition. In addition, under the final rules, certain disclosures related to severe weather events and other natural conditions will be required in a registrant's audited financial statements. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/11/22 87 FR 21334 NPRM Comment Period Extended........ 05/12/22 87 FR 29059 NPRM Comment Period End............. 06/17/22 NPRM Comment Period Reopened........ 10/18/22 87 FR 63016 NPRM Comment Period End............. 11/01/22 Final Action........................ 03/28/24 89 FR 21668 Effective Date Delayed.............. 04/12/24 89 FR 25804 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Elliot Staffin, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-3243, Email: [email protected]. RIN: 3235-AM87 370. Special Purpose Acquisition Companies, Shell Companies, and Projections [3235-AM90] Legal Authority: 15 U.S.C. 77f; 15 U.S.C. 77g; 15 U.S.C. 77j; 15 U.S.C. 77s(a); 15 U.S.C. 77z-3; 15 U.S.C. 78c; 15 U.S.C. 78l; 15 U.S.C. 78m; 15 U.S.C. 78n; 15 U.S.C. 78o; 15 U.S.C. 78w(a); 15 U.S.C. 78mm; 15 U.S.C. 80a-6(c); 15 U.S.C. 80a-37(a); . . . Abstract: The Commission adopted rules intended to enhance investor protections in initial public offerings by special purpose acquisition companies (commonly known as SPACs) and in subsequent business combination transactions between SPACs and private operating companies (commonly known as de-SPAC transactions). Specifically, the Commission adopted disclosure requirements with respect to, among other things, compensation paid to sponsors, conflicts of interest, dilution, and the determination, if any, of the board of directors (or similar governing body) of a SPAC regarding whether a de-SPAC transaction is advisable and in the best interests of the SPAC and its shareholders. The Commission adopted rules that require a minimum dissemination period for the distribution of security holder communication materials in connection with de-SPAC transactions. The Commission adopted rules that require the re-determination of smaller reporting company (SRC) status in connection with de-SPAC transactions. The Commission also adopted rules that address the scope of the safe harbor for forward-looking statements under the Private Securities Litigation Reform Act of 1995. Further, the Commission adopted a rule that would deem any business combination transaction involving a reporting shell company, including a SPAC, to be a sale of securities to the reporting shell company's shareholders and are adopting amendments to a number of financial statement requirements applicable to transactions involving shell companies. In addition, the Commission provided guidance on the status of potential underwriters in de-SPAC transactions and adopting updates to our guidance regarding the use of projections in Commission filings as well as requiring additional disclosure regarding projections when used in connection with business combination transactions involving SPACs. Finally, the Commission provided guidance for SPACs to consider when analyzing their status under the Investment Company Act of 1940. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/13/22 87 FR 29458 NPRM Comment Period End............. 06/13/22 ....................... NPRM Comment Period Reopened........ 10/18/22 87 FR 63016 NPRM Comment Period End............. 11/01/22 ....................... Final Action........................ 02/26/24 89 FR 14158 Final Action Effective.............. 07/01/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Mark Saltzburg, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-3430, Email: [email protected]. RIN: 3235-AM90 SECURITIES AND EXCHANGE COMMISSION (SEC) Division of Investment Management Proposed Rule Stage 371. Customer Identification Programs for Registered Investment Advisers and Exempt Reporting Advisers [3235-AN34] Legal Authority: Pub. L. 107-56; 31 U.S.C. 5311 et seq. Abstract: The Department of the Treasury and the SEC jointly issued a proposed rulemaking implementing section 326 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 with regard to certain investment advisers. If, as proposed in a separate rulemaking, certain investment advisers are included in the definition of ``financial institution'' under the Bank Secrecy Act, section 326 will require the Secretary of the Treasury and the SEC to jointly prescribe a regulation that, among other things, requires investment advisers to implement reasonable procedures to verify the identities of their customers. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 05/21/24 89 FR 44571 NPRM Comment Period End............. 07/22/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Thomas Strumpf, Branch Chief, Division of Investment Management, Securities and Exchange Commission, 100 F Street NE, [[Page 66980]] Washington, DC 20549, Phone: 202 227-0576. RIN: 3235-AN34 SECURITIES AND EXCHANGE COMMISSION (SEC) Division of Investment Management Final Rule Stage 372. Enhanced Disclosures by Certain Investment Advisers and Investment Companies About Environmental, Social, and Governance Investment Practices [3235-AM96] Legal Authority: 15 U.S.C. 77e; 15 U.S.C. 77f ; 15 U.S.C. 77g; 15 U.S.C. 77j; 15 U.S.C. 77s; 15 U.S.C. 78m; 15 U.S.C. 78o; 15 U.S.C. 78w; 15 U.S.C. 78ll; 15 U.S.C. 80a-8; 15 U.S.C. 80a-24; 15 U.S.C. 80a-29; 15 U.S.C. 80a-37; 15 U.S.C. 80b-3; 15 U.S.C. 80b-4; 15 U.S.C. 80b-11; 44 U.S.C. 3506 and 3507; . . . Abstract: The Division is considering recommending that the Commission adopt requirements for investment companies and investment advisers related to environmental, social and governance (ESG) factors, including ESG claims and related disclosures. Among other things, the Commission proposed to amend rules and forms under both the Investment Advisers Act of 1940 and the Investment Company Act of 1940 to require registered investment advisers, certain advisers that are exempt from registration, registered investment companies, and business development companies, to provide additional information regarding their ESG investment practices. The proposed amendments to these forms and associated rules seek to facilitate enhanced disclosure of ESG issues to clients and shareholders. The proposed rules and form amendments are designed to create a consistent, comparable, and decision-useful regulatory framework for ESG advisory services and investment companies to inform and protect investors while facilitating further innovation in this evolving area of the asset management industry. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 06/17/22 87 FR 36654 NPRM Comment Period End............. 08/16/22 ....................... NPRM Comment Period Reopened........ 10/18/22 87 FR 63016 NPRM Comment Period End............. 11/01/22 ....................... Final Action........................ 10/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Zeena Abdul-Rahman, Branch Chief, Division of Investment Management, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-4099, Email: [email protected]. RIN: 3235-AM96 373. Cybersecurity Risk Management for Investment Advisers, Registered Investment Companies, and Business Development Companies [3235-AN08] Legal Authority: 15 U.S.C. 80a-30(a); 15 U.S.C. 80a-37(a); 15 U.S.C. 80b-4; 15 U.S.C. 80b-11; 15 U.S.C. 80b-3(d); 15 U.S.C. 80b-6(4); 15 U.S.C. 80b-11(a); 15 U.S.C. 80b-11(h); 15 U.S.C. 80a-8; 15 U.S.C. 80a-29; 15 U.S.C. 80a-37; 15 U.S.C. 80b-3(c)(1) Abstract: The Division is considering recommending that the Commission adopt rules to enhance fund and investment adviser disclosures and governance relating to cybersecurity risks. The Commission proposed new rules to require registered investment advisers (``advisers'') and investment companies (``funds'') to adopt and implement written cybersecurity policies and procedures reasonably designed to address cybersecurity risks. The Commission also proposed a new rule and form under the Advisers Act to require advisers to report significant cybersecurity incidents affecting the adviser, or its fund or private fund clients, to the Commission. With respect to disclosure, the Commission proposed amendments to various forms regarding the disclosure related to significant cybersecurity risks and cybersecurity incidents that affect advisers and funds and their clients and shareholders. Finally, the Commission proposed new recordkeeping requirements under the Advisers Act and Investment Company Act. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/09/22 87 FR 13524 NPRM Comment Period End............. 04/11/22 ....................... NPRM Comment Period Reopened........ 03/21/23 88 FR-16921 NPRM Comment Period End............. 05/22/23 ....................... Final Action........................ 10/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Robert Holowka, Branch Chief, Division of Investment Management, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 714-0905, Email: [email protected]. RIN: 3235-AN08 374. Outsourcing by Investment Advisers [3235-AN18] Legal Authority: 15 U.S.C. 10b-3; 15 U.S.C. 10b-4; 15 U.S.C. 10b- 11; 15 U.S.C. 77s(a); 15 U.S.C. 78w(a); 15 U.S.C. 78bb(e)(2); 15 U.S.C. 7sss(a); 15 U.S.C. 80a-37(a) Abstract: The Division is considering recommending that the Commission adopt rules related to the oversight of third-party service providers. The Commission proposed a new rule under the Investment Advisers Act of 1940 to prohibit registered investment advisers (``advisers'') from outsourcing certain services or functions without first meeting minimum requirements. The proposed rule would require advisers to conduct due diligence prior to engaging a service provider to perform certain services or functions. It would further require advisers to periodically monitor the performance and reassess the retention of the service provider in accordance with due diligence requirements to reasonably determine that it is appropriate to continue to outsource those services or functions to that service provider. The Commission also proposed corresponding amendments to the investment adviser registration form to collect census-type information about the service providers defined in the proposed rule. In addition, the Commission proposed related amendments to the Advisers Act books and records rule, including a new provision requiring advisers that rely on a third party to make and/or keep books and records to conduct due diligence and monitoring of that third party and obtain certain reasonable assurances that the third party will meet certain standards. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 11/16/22 87 FR 68816 NPRM Comment Period End............. 12/27/22 ....................... Final Action........................ 10/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jennifer Porter, Senior Special Counsel, Division of Investment Management, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-6739, Email: [email protected]. RIN: 3235-AN18 [[Page 66981]] SECURITIES AND EXCHANGE COMMISSION (SEC) Division of Investment Management Completed Actions 375. Regulation S P: Privacy of Consumer Financial Information and Safeguarding Customer Information [3235-AN26] Legal Authority: 15 U.S.C. 78q; 15 U.S.C. 78q-1; 15 U.S.C. 78mm; 15 U.S.C. 80a-30; 15 U.S.C. 80a-37; 15 U.S.C. 80b-4; 15 U.S.C. 80b-4a; 15 U.S.C. 80b-11; 15 U.S.C. 1681w(a); 15 U.S.C. 6801; 15 U.S.C. 6804; 15 U.S.C. 6805; 15 U.S.C. 6825; 15 U.S.C. 78w Abstract: The Commission adopted rule amendments that will require brokers and dealers (or ``broker-dealers''), investment companies, investment advisers registered with the Commission (``registered investment advisers''), funding portals, and transfer agents registered with the Commission or another appropriate regulatory agency as defined in the Securities Exchange Act of 1934 (``transfer agents'') to adopt written policies and procedures for incident response programs to address unauthorized access to or use of customer information, including procedures for providing timely notification to individuals affected by an incident involving sensitive customer information with details about the incident and information designed to help affected individuals respond appropriately. In addition, the amendments extend the application of requirements to safeguard customer records and information to transfer agents; broaden the scope of information covered by the requirements for safeguarding customer records and information and for properly disposing of consumer report information; impose requirements to maintain written records documenting compliance with the amended rules; and conform annual privacy notice delivery provisions to the terms of an exception provided by a statutory amendment to the Gramm-Leach-Bliley Act. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/06/23 88 FR 20616 NPRM Comment Period End............. 06/05/23 ....................... Final Action........................ 06/03/24 89 FR 47688 Final Action Effective.............. 08/02/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Bradley Gude, Branch Chief, Division of Investment Management, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-5590, Email: [email protected]. RIN: 3235-AN26 376. Exemption for Certain Investment Advisers Operating Through the Internet [3235-AN31] Legal Authority: 15 U.S.C. 80b-3a(c); 15 U.S.C. 80b-11(a) Abstract: The Commission adopted amendments to the rule under the Investment Advisers Act of 1940 that exempts certain investment advisers that provide advisory services through the internet from the prohibition on Commission registration, as well as related amendments to Form ADV. The amendments are designed to modernize the rule's conditions to account for the evolution in technology and the investment advisory industry since the initial adoption of the rule in 2002. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 08/01/23 88 FR 50076 NPRM Comment Period End............. 10/02/23 ....................... Final Action........................ 04/09/24 89 FR 24693 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Sirimal Mukerjee, Senior Special Counsel, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-3340, Email: [email protected]. RIN: 3235-AN31 SECURITIES AND EXCHANGE COMMISSION (SEC) Division of Trading and Markets Final Rule Stage 377. Electronic Submission of Certain Materials Under the Securities Exchange Act of 1934; Amendments Regarding Focus Report [3235-AL85] Legal Authority: 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a); 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78o-3, 78o-8, 78q, 78q-1, 78s, 78w, 78dd and 78ll; 15 U.S.C. 77rrr; 15 U.S.C. 80a-8; 15 U.S.C. 80a-29; 15 U.S.C. 80a-30; 15 U.S.C. 80a-37; Pub. L. 111-203, sec. 761(b) Abstract: The Division is considering recommending that the Commission require electronic filing or submission of certain forms and other filings or submissions that are required to be filed with or submitted to the Commission under the Securities Exchange Act of 1934 and the rules and regulations under the Exchange Act. The Commission proposed to require the electronic filing or submission on the Commission's Electronic Data Gathering, Analysis, and Retrieval (``EDGAR'') system, using structured data where appropriate, for certain forms filed or submitted by self-regulatory organizations (``SROs''). The proposal would require the information currently contained in Form 19b-4(e) to be publicly posted on the SRO's website and remove the manual signature requirements for SRO proposed rule change filings. The Commission also proposed that a clearing agency post supplemental material to its website. In addition, the proposal would amend rules under the Exchange Act and the Securities Act of 1933 to require the electronic filing or submission on EDGAR, using structured data where appropriate, of certain forms, reports and notices provided by broker-dealers, security-based swap dealers and major security-based swap participants. The proposed amendments also would require withdrawal in certain circumstances of notices filed in connection with an exception to counting certain dealing transactions toward determining whether a person is a security-based swap dealer. Finally, the Commission proposed to allow electronic signatures in certain broker-dealer filings, and proposed amendments regarding the Financial and Operational Combined Uniform Single Report (``FOCUS Report'') to harmonize with other rules, make technical corrections, and provide clarifications. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/18/23 88 FR 23920 NPRM Comment Period End............. 05/22/23 ....................... Final Action........................ 10/00/24 ....................... ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Raymond Lombardo, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-5755, Email: [email protected]. RIN: 3235-AL85 378. Amendments to Exchange Act Rule 3b-16 re Definition of ``Exchange''; Regulation ATS and Regulation SCI for ATSS That Trade U.S. Government Securities, NMS Stocks and Other Securities [3235-AM45] Legal Authority: 15 U.S.C. 77g; 15 U.S.C. 78mm; 15. U.S.C. 78w(a); 15 U.S.C. 78q(h); 15 U.S.C. 77q(a); 15 U.S.C. 78n; 15 U.S.C. 78dd-1; 15 U.S.C. [[Page 66982]] 78b; 15 U.S.C. 78o(c); 15 U.S.C. 80(a)-23; 15 U.S.C. 78c; 15 U.S.C. 78o(g); 15 U.S.C. 80a-29; 15 U.S.C. 78j; 15 U.S.C. 78o-4; 15 U.S.C. 80a-37; 15 U.S.C. 78k-1(c); 15 U.S.C. 78o-5; 15 U.S.C. 77s(a); 15 U.S.C. 781; 15 U.S.C. 78q(a); 15 U.S.C. 78i(a); 15 U.S.C. 78m; 15 U.S.C. 78q(b); 15 U.S.C. 78o(b) Abstract: The Division is considering recommending that the Commission adopt proposed amendments to Exchange Act Rule 3b-16 to include systems that offer the use of non-firm trading interest and communication protocols to bring together buyers and sellers of securities. The Division is considering recommending that the Commission adopt proposed amendments to Regulation ATS and Regulation SCI for ATSs that trade U.S. Government Securities, NMS stock, and other types of securities and to require the electronic filing of a modernized version of Form ATS and Form ATS-R. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/31/20 85 FR 87106 NPRM Comment Period End............. 03/01/21 Second NPRM......................... 03/18/22 87 FR 15496 Second NPRM Comment Period End...... 04/18/22 NPRM Comment Period Reopened........ 05/12/22 87 FR 29059 NPRM Comment Period Reopened End.... 06/13/22 NPRM Comment Period Reopened........ 05/05/23 88 FR 29448 NPRM Comment Period Reopened End.... 06/13/23 Final Action........................ 10/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Tyler Raimo, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-6227, Email: [email protected]. RIN: 3235-AM45 379. Cybersecurity Risk Management Rules for Broker-Dealers, Clearing Agencies, MSBSPS, the MSRB, National Securities Associations, National Securities Exchanges, SBSDRS, SBS Dealers, and Transfer Agents [3235- AN15] Legal Authority: 15 U.S.C. 77c; 15 U.S.C. 77f; 15 U.S.C. 77g; 15 U.S.C. 77h; 15 U.S.C. 77j; 15 U.S.C. 77s(a); 15 U.S.C. 77z-3; 15 U.S.C. 77sss(a); 15 U.S.C. 78c(b); 15 U.S.C. 78l; 15 U.S.C. 78m; 15 U.S.C. 78n; 15 U.S.C. 78o(d); 15 U.S.C. 78o-10; 15 U.S.C. 78w(a); 15 U.S.C. 78ll; 15 U.S.C. 80a-6(c); 15 U.S.C. 80a-8; 15 U.S.C. 80a-29; 15 U.S.C. 80a-30; 15 U.S.C. 80a-37; 15 U.S.C. 80b-4; 15 U.S.C. 80b-10; 15 U.S.C. 80b-11; 15 U.S.C. 7201 et seq.; 18 U.S.C. 1350; . . . Abstract: The Division is considering recommending that the Commission adopt amendments to require that market entities address cybersecurity risks, to improve the Commission's ability to obtain information about significant cybersecurity incidents impacting market entities, and to improve transparency about cybersecurity risk in the U.S. securities markets. The Commission proposed a new rule and form and amendments to existing recordkeeping rules to require broker- dealers, clearing agencies, major security-based swap participants, the Municipal Securities Rulemaking Board, national securities associations, national securities exchanges, security-based swap data repositories, security-based swap dealers, and transfer agents to address cybersecurity risks through policies and procedures, immediate notification to the Commission of the occurrence of a significant cybersecurity incident and, as applicable, reporting detailed information to the Commission about a significant cybersecurity incident, and public disclosures that would improve transparency with respect to cybersecurity risks and significant cybersecurity incidents. In addition, the Commission proposed amendments to existing clearing agency exemption orders to require the retention of records that would need to be made under the proposed cybersecurity requirements. Finally, the Commission proposed amendments to address the potential availability to security-based swap dealers and major security-based swap participants of substituted compliance in connection with those requirements. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 04/05/23 88 FR 20212 NPRM Comment Period End............. 06/05/23 Final Action........................ 10/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Nina Kostyukovsky, Attorney, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-8833, Email: [email protected]. RIN: 3235-AN15 380. Regulation NMS: Minimum Pricing Increments, Access Fees, and Transparency of Better Priced Orders [3235-AN23] Legal Authority: 15 U.S.C. 78b; 15 U.S.C. 78c; 15 U.S.C. 78e; 15 U.S.C. 78f; 15 U.S.C. 78k; 15 U.S.C. 78k-1; 15 U.S.C. 78o; 15 U.S.C. 78o-3; 15 U.S.C. 78q; 15 U.S.C. 78s; 15 U.S.C. 78w(a); 15 U.S.C. 78mm Abstract: The Division is considering recommending that the Commission amend certain rules of Regulation National Market System (Regulation NMS) under the Securities Exchange Act of 1934, as amended, to adopt variable minimum pricing increments for the quoting and trading of NMS stocks, reduce the access fee caps, and enhance the transparency of better priced orders. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 12/29/22 87 FR 80266 NPRM Comment Period End............. 03/31/23 Final Action........................ 10/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Kelly Riley, Senior Special Counsel, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-6772, Email: [email protected]. RIN: 3235-AN23 381. Regulation Best Execution [3235-AN24] Legal Authority: 15 U.S.C. 77g; 15 U.S.C. 77q(a); 15 U.S.C. 77s(a); 15 U.S.C. 78b; 15 U.S.C. 78c(b); 15 U.S.C. 78e; 15 U.S.C. 78g(c)(2); 15 U.S.C. 78i(a); 15 U.S.C. 78j; 15 U.S.C. 78k-1; 15 U.S.C. 78l; 15 U.S.C. 78m; 15 U.S.C. 78n; 15 U.S.C. 78o(b); 15 U.S.C. 78o(c); 15 U.S.C. 78o(g); 15 U.S.C. 78o-1; 15 U.S.C. 78q; 15 U.S.C. 78w(a); 15 U.S.C. 78x; 15 U.S.C. 78dd-1; 15 U.S.C. 78mm; 15 U.S.C. 80a-23; 15 U.S.C. 80a- 29; 15 U.S.C. 80a-30; . . . Abstract: The Division is considering recommending that the Commission adopt new rules under the Securities Exchange Act of 1934 relating to a broker-dealer's duty of best execution. Proposed Regulation Best Execution would enhance the existing regulatory framework concerning the duty of best execution by requiring detailed policies and procedures for all broker-dealers and more robust policies and procedures for broker-dealers engaging in certain conflicted transactions with retail customers, as well as related review and documentation requirements. [[Page 66983]] Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 01/27/23 88 FR 5440 NPRM Comment Period End............. 03/31/23 Final Action........................ 10/00/24 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: David R. Dimitrious, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202 551-5131, Email: [email protected]. RIN: 3235-AN24 [FR Doc. 2024-16470 Filed 8-15-24; 8:45 am] BILLING CODE 8011-01-P

usgpo

2024-10-08T13:26:33.615885

FR

FR-2024-08-16/2024-16471

Federal Register Volume 89 Issue 159 (August 16, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)] [Unknown Section] [Page 66986] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-16471] [[Page 66985]] Vol. 89 Friday, No. 159 August 16, 2024 Part XXVII Surface Transportation Board ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda [[Page 66986]] ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD 49 CFR Ch. X [STB Ex Parte No. 536 (Sub-No. 56)] Semiannual Regulatory Agenda AGENCY: Surface Transportation Board. ACTION: Semiannual Regulatory Agenda. ----------------------------------------------------------------------- SUMMARY: The Chairman of the Surface Transportation Board is publishing the Regulatory Flexibility Agenda for spring 2024. FOR FURTHER INFORMATION CONTACT: A contact person is identified for each of the rules listed below. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., sets forth several requirements for agency rulemaking. Among other things, the RFA requires that, semiannually, each agency shall publish in the Federal Register a Regulatory Flexibility Agenda, which shall contain: (1) A brief description of the subject area of any rule that the agency expects to propose or promulgate, which is likely to have a significant economic impact on a substantial number of small entities. (2) A summary of the nature of any such rule under consideration for each subject area listed in the agenda pursuant to paragraph (1), the objectives and legal basis for the issuance of the rule, and an approximate schedule for completing action on any rule for which the agency has issued a general notice of proposed rulemaking; and (3) The name and telephone number of an agency official knowledgeable about the items listed in paragraph (1). Accordingly, a list of proceedings appears below containing information about subject areas in which the Board is currently conducting rulemaking proceedings or may institute such proceedings soon. It also contains information about existing regulations being reviewed to determine whether to propose modifications through rulemaking. The agenda represents the Chairman's best estimate of rules that may be considered over the next 12 months but does not necessarily reflect the views of any other individual Board Member. However, section 602(d) of the RFA, 5 U.S.C. 602(d), provides: ``Nothing in [section 602] precludes an agency from considering or acting on any matter not included in a Regulatory Flexibility Agenda or requires an agency to consider or act on any matter listed in such agenda.'' The Chairman is publishing the agency's Regulatory Flexibility Agenda for spring 2024 as part of the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). The Unified Agenda is coordinated by the Office of Management and Budget (OMB), pursuant to Executive Orders 12866 and 13563. The Board is participating voluntarily in the program to assist OMB and has included rulemaking proceedings in the Unified Agenda beyond those required by the RFA. Dated: May 8, 2024. By the Board, Martin J. Oberman. Jeffrey Herzig, Clearance Clerk. Surface Transportation Board--Long-Term Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 382....................... Review of Commodity, 2140-AB29 Boxcar, and TOFC/COFC Exemptions, EP 704 (Sub- No. 1). ------------------------------------------------------------------------ SURFACE TRANSPORTATION BOARD (STB) Long-Term Actions 382. Review of Commodity, Boxcar, and TOFC/COFC Exemptions, EP 704 (Sub-No. 1) [2140-AB29] Legal Authority: 49 U.S.C. 10502; 49 U.S.C. 13301 Abstract: The Board proposed to revoke the class exemptions for the rail transportation of: (1) crushed or broken stone or riprap; (2) hydraulic cement; and (3) coke produced from coal, primary iron or steel products, and iron or steel scrap, wastes, or tailings. On March 19, 2019, the Board issued a decision waiving the prohibition on ex parte communications in this proceeding and providing a 90-day period for meetings with Board members. By decision served September 30, 2020 (published October 5, 2020), the Board invited public comment on a new approach its Office of Economics has developed for possible use in considering class exemption and revocation issues. Board staff held technical conferences on the proposed approach on December 18, 2020, and January 15, 2021. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ NPRM................................ 03/28/16 81 FR 17125 NPRM Comment Period End............. 07/26/16 NPRM Reply Comment Period End....... 08/26/16 Request for Further Comment in 10/05/20 85 FR 62689 Rulemaking Proceeding. Comment Period End.................. 01/29/21 Reply Comment Period End............ 03/01/21 Next Action Undetermined............ ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Amy Ziehm, Branch Chief, Office of Proceedings, Surface Transportation Board, 395 E Street SW, Washington, DC 20423- 0001, Phone: 202 245-0391, Email: [email protected]. Francis O'Connor, Deputy Director, Office of Economics, Surface Transportation Board, 395 E Street SW, Washington, DC 20423-0001, Phone: 202 245-0331, Email: francis.o'[email protected]. RIN: 2140-AB29 [FR Doc. 2024-16471 Filed 8-15-24; 8:45 am] BILLING CODE 4915-01-P

usgpo

2024-10-08T13:26:33.687030

BILLS

BILLS-118hr9312ih

Cruise Passenger Protection Act of 2024

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9312 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9312 To improve passenger vessel security and safety, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES August 6, 2024 Ms. Matsui introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To improve passenger vessel security and safety, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Cruise Passenger Protection Act of 2024''. (b) References to Title 46, United States Code.--Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 46, United States Code. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title; references. Sec. 2. Table of contents. TITLE I--COVERED PASSENGER VESSEL CONSUMER SERVICE AND PROTECTION Sec. 101. Covered passenger vessel consumer service improvements. Sec. 102. Cruise line passenger bill of rights; advisory committee for covered passenger vessel consumer protection. Sec. 103. Assistance to victims of crimes on board certain passenger vessels. Sec. 104. Clerical amendments. TITLE II--CRUISE VESSEL PASSENGER IMPROVEMENTS Sec. 201. Cruise vessel chapter organization, application, and definitions. Sec. 202. Crime reporting and public notice. Sec. 203. Crime prevention, documentation, and response requirements. Sec. 204. Passenger vessel security and safety requirements. Sec. 205. Enforcement. Sec. 206. Technical and conforming amendments. TITLE I--COVERED PASSENGER VESSEL CONSUMER SERVICE AND PROTECTION SEC. 101. COVERED PASSENGER VESSEL CONSUMER SERVICE IMPROVEMENTS. Subtitle II is amended by adding at the end the following: ``PART L--OFFICE OF MARITIME CONSUMER PROTECTION ``CHAPTER 161--OFFICE OF MARITIME CONSUMER PROTECTION ``16101. Definitions. ``16102. Application. ``16103. Office of Maritime Consumer Protection. ``16104. Covered passenger vessel consumer service improvements. ``16105. Invalidation of pre-dispute arbitration and class action waiver clauses in certain contracts relating to covered passenger vessel transportation. ``Sec. 16101. Definitions ``In this chapter: ``(1) Applicable passenger.--The term `applicable passenger' means a passenger on a covered passenger vessel who is a citizen of the United States. ``(2) Assistant general counsel.--The term `Assistant General Counsel' means the Assistant General Counsel for the Office of Maritime Consumer Protection. ``(3) Covered passenger vessel.--The term `covered passenger vessel' means a passenger vessel or small passenger vessel to which this chapter applies, in accordance with section 16102 of this title. ``(4) Key terms.--The term `key terms' includes terms related to undisclosed costs and fees, indemnification, waivers, limitations on liability, notice of claim and actions, time limitations, arbitration, forum, and jurisdiction. ``(5) Office.--The term `Office' means the Office of Maritime Consumer Protection. ``(6) Owner.--The term `owner' means the owner, charterer, managing operator, master, or other individual in charge of a vessel. ``(7) Passage contract.--The term `passage contract' means a binding agreement for passage on a covered passenger vessel. ``(8) Secretary.--Notwithstanding section 2101 of this title, the term `Secretary' means the Secretary of Transportation. ``Sec. 16102. Application ``(a) In General.--This chapter applies to passenger vessels and small passenger vessels. ``(b) Federal and State Vessels.--This chapter does not apply to-- ``(1) a vessel of the United States operated by the Federal Government; or ``(2) a vessel owned and operated by a State. ``Sec. 16103. Office of Maritime Consumer Protection ``(a) Establishment.--There is established within the Office of the General Counsel of the Department of Transportation an Office of Maritime Consumer Protection. ``(b) Head.--The Office shall be headed by the Assistant General Counsel for the Office of Maritime Consumer Protection. ``(c) Duties.--The Office shall-- ``(1) serve as the primary entity of the Department of Transportation with respect to consumer protection issues relating to covered passenger vessels (unless otherwise provided under law), including-- ``(A) carrying out the requirements of this chapter; ``(B) providing assistance to the industry regarding compliance assistance under this chapter; ``(C) processing consumer complaints regarding the requirements of this chapter and other consumer complaints regarding covered passenger vessels; ``(D) inspecting covered passenger vessels to ensure that owners of such vessels have knowledge of the consumer protection requirements that apply; ``(E) investigating potential consumer protection violations regarding maritime travel; and ``(F) pursuing enforcement of such violations; and ``(2) serve as the implementing office for the duties of the Secretary under section 102 of the Cruise Passenger Protection Act of 2024. ``Sec. 16104. Covered passenger vessel consumer service improvements ``(a) Passage Contracts.-- ``(1) Development of standards.-- ``(A) Passenger vessels.--Not later than 180 days after the date on which the advisory committee makes its recommendations under section 102(b)(6)(C) of the Cruise Passenger Protection Act of 2024, the Secretary, acting through the Assistant General Counsel, shall develop standards for use by an owner of a covered passenger vessel that is a passenger vessel or, subject to subparagraph (B), a small passenger vessel, to provide a prospective applicable passenger with a summary that highlights key terms in the passage contract and is provided before such terms are binding. ``(B) Small passenger vessels.--The Secretary shall determine the extent to which standards developed under subparagraph (A) shall apply with respect to passage contracts for small passenger vessels. ``(2) Consultation.--In developing the standards under paragraph (1), the Secretary may consult with other Federal agencies, persons with expertise on admiralty and maritime law, consumer advocates, industry representatives, and such other persons as the Secretary considers necessary. ``(3) Statute of limitations.--The statute of limitations for filing a lawsuit against the owner of a covered passenger vessel, which shall not be shorter than 3 years, shall be clearly identified in the passage contract described in paragraph (1). ``(4) Recommendations.--The standards developed under paragraph (1) shall include recommendations regarding-- ``(A) style, formatting, and placement that ensures that the summary is conspicuous; and ``(B) terminology that ensures that the summary is-- ``(i) clear, unambiguous, and unmistakable; and ``(ii) to the greatest extent possible, uniform, concise, and not complex. ``(5) Periodic review.--The Secretary shall periodically review and update, as appropriate, the standards developed under paragraph (1). ``(6) Requirements.--Beginning on the date that is 180 days after the date on which the standards are developed under paragraph (1), an owner of a covered passenger vessel shall-- ``(A) provide each prospective applicable passenger with a summary in accordance with the standards that apply to the covered passenger vessel under paragraph (1); ``(B) include a prominently accessible link to the summary on each Internet website that the owner maintains for prospective applicable passengers to purchase or book passage on the covered passenger vessel; and ``(C) include the summary in any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting applicable passengers for ocean voyages anywhere in the world, that the Secretary considers necessary to adequately notify a prospective applicable passenger of the key terms in the passage contract before such terms are binding. ``(7) Preemption.--The standards developed under paragraph (1) shall preempt any related State standards that require a summary that provides less information to a prospective applicable passenger than the information required to be provided under this subsection, as determined by the Secretary. ``(b) Covered Passenger Vessel Consumer Complaints.-- ``(1) Toll-free hotline and internet website link for consumer passenger vessel complaints.--The Secretary, acting through the Assistant General Counsel, shall-- ``(A) establish a consumer complaints toll-free hotline telephone number for applicable passengers; ``(B) establish a consumer complaints link for use by applicable passengers on the Internet website maintained under section 16106(i); and ``(C) notify the public of-- ``(i) the telephone number established under subparagraph (A); and ``(ii) the Internet website maintained under section 16106(i). ``(2) Website.--The Secretary, acting through the Assistant General Counsel, shall-- ``(A) maintain a statistical compilation of all consumer complaints on the Internet website under section 16106(i) that provides a numerical accounting of each category of consumer complaint; ``(B) update the data referred to in subparagraph (A) not less frequently than monthly; ``(C) aggregate such data by covered passenger vessel; and ``(D) identify each covered passenger vessel by name. ``(3) Investigations of consumer complaints.--The Secretary, acting through the Assistant General Counsel and in coordination with other relevant Federal agencies, may investigate consumer complaints from applicable passengers, including-- ``(A) cancellations, delays, and port skipping; ``(B) lost, damaged, and delayed baggage; ``(C) conditions on board the covered passenger vessel; ``(D) problems in obtaining refunds for unused or lost tickets or fare adjustments; ``(E) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases; ``(F) deceptive or misleading advertising; and ``(G) compliance with Federal regulations. ``(4) Referral to federal or state agency.--The Secretary may refer any complaint received under this subsection to the Attorney General or a relevant Federal or State agency for action, as appropriate. ``(5) Notice to passengers.-- ``(A) Internet websites.--Each owner of a covered passenger vessel shall include, in a conspicuous location on each Internet website that such owner maintains for applicable passengers to purchase or book passage on the covered passenger vessel-- ``(i) the telephone number established under paragraph (1)(A); ``(ii) the consumer complaints link established under paragraph (1)(B); and ``(iii) any other information necessary for an applicable passenger to submit a consumer complaint for resolution. ``(B) Boarding documentation.--The owner of a covered passenger vessel shall include the telephone number and Internet address of the link for consumer complaints established under paragraph (1) on-- ``(i) any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting applicable passengers for ocean voyages on covered passenger vessels, that the Secretary considers necessary to adequately notify such prospective passenger of the telephone number and Internet address; and ``(ii) any electronic confirmation of the purchase of passage on a covered passenger vessel. ``(c) Penalties.-- ``(1) Civil penalty.--The Secretary, acting through the Assistant General Counsel, may impose on any person that violates this section or a regulation under this section a civil penalty of not more than $25,000 for each day during which the violation continues. ``(2) Criminal penalty.--Any person that willfully violates this section or a regulation under this section shall be fined not more than $250,000 or imprisoned not more than 1 year, or both. ``(d) Rulemaking.--The Secretary, acting through the Assistant General Counsel, shall issue such regulations as are necessary to implement this section. ``Sec. 16105. Invalidation of pre-dispute arbitration and class action waiver clauses in certain contracts relating to covered passenger vessel transportation ``(a) Covered Contract.--In this section, the term `covered contract' means a contract for the purchase of a ticket for transportation on a covered passenger vessel. ``(b) Arbitration.--Notwithstanding any other provision of law, arbitration may be used to settle a controversy arising from or relating to a provision of a covered contract only if, after the controversy arises, all parties to the controversy consent, in writing, to use arbitration to settle the controversy. ``(c) Class Actions.--Notwithstanding any other provision of law, no predispute joint-action waiver shall be valid or enforceable with respect to any alleged claim regarding a covered contract. ``(d) Court Determinations.--An issue as to whether this section applies with respect to a dispute shall be determined under Federal law. The applicability of this section to an agreement to arbitrate and the validity and enforceability of a covered contract shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the covered contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. ``(e) Applicability.--This section shall apply with respect to contracts entered into, or renewed, on or after the date of the enactment of the Cruise Passenger Protection Act of 2024.''. SEC. 102. CRUISE LINE PASSENGER BILL OF RIGHTS; ADVISORY COMMITTEE FOR COVERED PASSENGER VESSEL CONSUMER PROTECTION. (a) Bill of Rights.-- (1) Enforceability.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation, acting through the Assistant General Counsel for the Office of Maritime Consumer Protection, shall determine whether any of the enumerated rights in the international cruise line passenger bill of rights, which was adopted in 2013 by the members of the Cruise Lines International Association, are enforceable under Federal law. (2) Required statement.--The Secretary of Transportation, acting through the Assistant General Counsel for the Office of Maritime Consumer Protection, shall include in the standards developed under section 16104(a) of title 46, United States Code, a statement informing a prospective passenger-- (A) which rights referred to in paragraph (1) are legally enforceable; and (B) how a passenger or prospective passenger might pursue such enforcement, including identifying any action, including a private cause of action, an administrative action, or any other method of enforcement, that may be taken or pursued. (b) Advisory Committee for Covered Passenger Vessel Consumer Protection.-- (1) Definition of covered passenger vessel.--In this subsection, the term ``covered passenger vessel'' means a passenger vessel or small passenger vessel to which chapter 161 of title 46, United States Code, applies. (2) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Assistant General Counsel for the Office of Maritime Consumer Protection, shall establish an advisory committee for covered passenger vessel consumer protection (referred to in this subsection as the ``advisory committee'') to advise the Secretary in carrying out activities relating to passenger vessel customer service improvements. (3) Membership.-- (A) In general.--By not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall appoint the members of the advisory committee, which shall be comprised of 1 representative each of-- (i) owners of passenger vessels, as defined in section 2101 of title 46, United States Code; (ii) owners of small passenger vessels, as defined in such section; (iii) international industry-related associations; (iv) State or local governments with expertise in consumer protection matters; (v) nonprofit public interest groups with expertise in consumer protection matters; (vi) nonprofit public interest groups with expertise in victim assistance; and (vii) relevant Federal agencies, as determined by the Secretary of Transportation. (B) Vacancies.--A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made. (C) Chair.--The Secretary of Transportation shall designate, from among the individuals appointed under subparagraph (A), an individual to serve as chair of the advisory committee. (4) Meetings.--The advisory committee shall meet at the call of the chair of the advisory committee, but not less frequently than annually. (5) Travel expenses.--Members of the advisory committee shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (6) Duties.--The advisory committee shall-- (A) evaluate existing consumer protection programs or services for covered passenger vessels; (B) recommend to the Secretary of Transportation-- (i) improvements needed to the programs or services under subparagraph (A), as necessary; and (ii) any additional consumer protection programs or services for covered passenger vessels, as necessary; (C) not later than 1 year after the date on which the committee is established under paragraph (2), recommend to the Secretary of Transportation which key terms in a passage contract for a covered passenger vessel should be highlighted before such terms are binding, such as-- (i) products and services available on board the covered passenger vessel for an undisclosed cost or fee or that otherwise are not included in the price of passage; (ii) the country under which the covered passenger vessel is registered or flagged; (iii) a statement that, under certain circumstances, a passenger on a covered passenger vessel may be subject to the law of a foreign country; (iv) the covered passenger vessel may not accept responsibility for any health care services provided to a passenger by medical staff on board the covered passenger vessel; (v) the maximum amount an owner of a covered passenger vessel will reimburse a passenger for lost or stolen property while on board the passenger vessel; and (vi) where to file a notice of claim or initiate any legal action against the owner of the covered passenger vessel; and (D) annually for the 5-year period beginning on the date on which the advisory committee is established, and periodically thereafter as the advisory committee determines necessary, review the recommendations described in subparagraphs (B) and (C) and submit any recommended updates to the Secretary of Transportation. (7) Report to congress.--Not later than 30 days after the Secretary of Transportation receives recommendations, including updated recommendations, under paragraph (6) from the advisory committee, the Secretary shall submit to Congress a report that contains-- (A) such recommendations of the advisory committee; (B) an explanation of whether and how the industry has implemented each recommendation; and (C) for each recommendation not implemented, the industry's reason for not implementing the recommendation. (8) Termination.--The advisory committee shall terminate on the date that is 15 years after the date of enactment of this Act. SEC. 103. ASSISTANCE TO VICTIMS OF CRIMES ON BOARD CERTAIN PASSENGER VESSELS. (a) Authority To Provide Assistance to Victims of Crimes on Board Passenger Vessels.--Chapter 161, as added by section 101 of this Act, is further amended by adding at the end the following: ``Sec. 16106. Assistance to victims of crimes on board certain passenger vessels ``(a) Purpose.--The purpose of this section is to provide to an applicable passenger who is an alleged victim of an incident described in section 3523(g)(3)(A)(i)-- ``(1) a written summary of rights described in subsection (e); ``(2) a primary point of contact within the Federal Government; and ``(3) a means of obtaining immediate, free, and confidential support services. ``(b) Director of Victim Support Services.-- ``(1) Establishment.--There shall be a director of victim support services of the Office. ``(2) Designation; public outreach.-- ``(A) Interim director.--Not later than 30 days after the date of enactment of the Cruise Passenger Protection Act of 2024, the Secretary shall designate an employee of the Department of Transportation as the interim director of victim support services, who shall serve in such position until a final designation or appointment is made under subparagraph (B). ``(B) Final designation and public outreach.--Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2024, the Secretary, in consultation with the Department of Justice and other relevant Federal agencies, shall-- ``(i) appoint an individual to serve as the director of victim support; and ``(ii) determine an effective way to publicize the toll-free telephone number under subsection (c) and the availability of support services under this section. ``(3) Responsibilities.--The director of victim support services shall-- ``(A) be responsible for acting as a primary point of contact within the Federal Government for any applicable passenger described in subsection (a); ``(B) coordinate with one or more nonprofit organizations or other entities that can provide the types of support services described in subsection (d); ``(C) establish a process for an applicable passenger described in subsection (a) to obtain the appropriate types of support services described in subsection (d); ``(D) recommend a process for an applicable passenger described in subsection (a) to obtain an appropriate continuum of care; ``(E) recommend a process for an applicable passenger described in subsection (a) to obtain information on the status of any related criminal investigation; ``(F) develop guidance, consistent with the purpose of this section, for the security guide under section 3523(c)(1), including a process to ensure that an owner of a passenger vessel provides a copy of the security guide to an applicable passenger immediately after the vessel is notified that the passenger is an alleged victim of an incident described in section 3523(g)(3)(A)(i); ``(G) periodically update that guidance, as necessary; and ``(H) be the primary liaison between an applicable passenger described in subsection (a) and-- ``(i) the owner of the passenger vessel; ``(ii) any relevant Federal agency; ``(iii) any relevant United States embassy or United States consulate; and ``(iv) any other person that the director of victim support services considers necessary to carry out the purpose of this section. ``(c) Toll-Free Telephone Number.--The Secretary shall establish a toll-free telephone number, available 24 hours each day, that an applicable passenger described in subsection (a) can call to initiate the process under subsection (b)(3)(C). ``(d) Support Services.--The director of victim support services shall determine the types of support services that an applicable passenger described in subsection (a) can obtain, such as-- ``(1) directions on how to report an incident described in section 3523(g)(3)(A)(i) to appropriate authorities; ``(2) an explanation of, or assistance completing, necessary forms to report an incident described in section 3523(g)(3)(A)(i); ``(3) an explanation of how, or assistance to, obtain support services under this section; ``(4) arranging, if appropriate, for mental health and counseling services; ``(5) arranging, if possible, for education regarding and advocacy during applicable criminal justice proceedings; and ``(6) communicating with that applicable passenger as to the roles of the organization or entities described in subsection (b)(3)(B), government agencies, and the owner of the passenger vessel involved with respect to the incident and the post-incident activities. ``(e) Summary of Rights.--Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2024, the Secretary, acting through the Assistant General Counsel and in consultation with the Department of Justice, other relevant Federal agencies, nonprofit public interest groups with expertise in victim assistance, and such other persons that the Secretary considers necessary, shall-- ``(1) determine what rights an applicable passenger described in subsection (a) may have under law, such as the right to contact the Federal Bureau of Investigation to report the crime, the right to contact the director of victim support services, and the right to speak confidentially to Federal law enforcement, the director of victim support services, and any other third-party victim advocate without any representative or employee of the passenger vessel present; ``(2) develop a written summary of those rights; and ``(3) establish a process for an applicable passenger described in subsection (a) to receive the written summary of rights as soon as practicable after an alleged incident described under section 3523(g)(3)(A)(i). ``(f) Guardians and Relatives.--If an applicable passenger described in subsection (a) is deceased or is a minor, or under such other circumstances that the director of victim support services considers necessary, the director may provide support services under this section to a guardian or relative of that applicable passenger. ``(g) Use of Passenger Vessel Resources.--As appropriate, the resources of the passenger vessel shall be used to the greatest extent possible to carry out the purpose of this section. ``(h) Statutory Construction.--Nothing in this section may be construed as limiting the obligations that an owner of a passenger vessel may have in providing assistance to an applicable passenger who is an alleged victim of an incident described under section 3523(g)(3)(A)(i). ``(i) Availability of Incident Data Via Internet.-- ``(1) In general.--The Secretary, acting through the Assistant General Counsel, shall maintain a statistical compilation of all incidents described in section 3523(g)(3)(A) on an Internet website that provides a numerical accounting of the missing persons and alleged crimes duly recorded in each report filed under section 3523(g)(3). Each incident described in section 3523(g)(3)(A) shall be included in the statistical compilation irrespective of its investigative status. ``(2) Updates.--The Secretary shall ensure that the data described in paragraph (1)-- ``(A) is updated not less frequently than monthly; ``(B) is aggregated by cruise line; ``(C) identifies each cruise line by name; ``(D) identifies each crime and alleged crime as to whether it was committed or allegedly committed by a passenger or a crew member; ``(E) identifies each crime and alleged crime as to whether it was committed or allegedly committed against a minor; ``(F) identifies the number of alleged individuals overboard; and ``(G) is compiled on the Internet website in a user-friendly format. ``(3) Access to website.--Each owner of a passenger vessel shall include a prominently accessible link to the Internet website maintained by the Office of Maritime Consumer Protection under paragraph (1) on each Internet website that the owner maintains for prospective applicable passengers to purchase or book passage on the passenger vessel. ``(j) Regulations.--The Secretary shall issue such regulations as are necessary to implement this section.''. (b) Study.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, acting through the Assistant General Counsel for the Office of Maritime Consumer Protection and in coordination with the Secretary of the department in which the Coast Guard is operating, the Attorney General, and heads of other relevant Federal agencies, shall-- (1) conduct a study to determine the feasibility of having an individual on board each passenger vessel, or certain categories of passenger vessels, to which chapter 161 applies to provide victim support services, including the support services under section 16106(d) of title 46, United States Code, and related safety and security services, which includes consideration of the cost, the benefit to passengers, jurisdiction, and logistics; and (2) report the findings of the study conducted under paragraph (1) to Congress. SEC. 104. CLERICAL AMENDMENTS. (a) Title 46 Table of Chapters.--The table of chapters for subtitle II is amended by adding at the end the following: ``Part L--Office of Maritime Consumer Protection ``161. Office of Maritime Consumer Protection.............. 16101''. (b) Table of Sections.--The table of sections at the beginning of chapter 161, as added by section 101 of this Act, is further amended by adding at the end the following: ``16106. Assistance to victims of crimes on board certain passenger vessels.''. TITLE II--CRUISE VESSEL PASSENGER IMPROVEMENTS SEC. 201. CRUISE VESSEL CHAPTER ORGANIZATION, APPLICATION, AND DEFINITIONS. (a) Subchapter Organization.--Chapter 35 is amended-- (1) by inserting before section 3501 the following: ``Subchapter I--General Provisions''; (2) by inserting before section 3507 the following: ``Subchapter II--Cruise Vessels''; and (3) by redesignating sections 3507, 3508, 3509, and 3510 as sections 3523, 3524, 3525, and 3526, respectively. (b) Application.--Chapter 35, as amended by subsection (a), is further amended by inserting before section 3523 the following: ``Sec. 3521. Application ``(a) In General.--This subchapter applies to a passenger vessel that-- ``(1) is authorized to carry at least 250 passengers; ``(2) has onboard sleeping facilities for each passenger; and ``(3) is on a voyage that embarks or disembarks passengers in the United States. ``(b) Federal and State Vessels.--Notwithstanding subsection (a), this subchapter does not apply to-- ``(1) a vessel of the United States operated by the Federal Government; or ``(2) a vessel owned and operated by a State.''. (c) Definitions.--Chapter 35, as amended by subsections (a) and (b), is further amended by inserting after section 3521, as added by subsection (b), the following: ``Sec. 3522. Definitions ``In this subchapter: ``(1) Exterior deck.--The term `exterior deck' means any exterior weather deck on which a passenger may be present, including passenger stateroom balconies, exterior promenades on passenger decks, muster stations, and similar exterior weather deck areas. ``(2) Owner.--The term `owner' means the owner, charterer, managing operator, master, or other individual in charge of a vessel. ``(3) Applicable passenger.--The term `applicable passenger' means a passenger carried on a passenger vessel who is a citizen of the United States. ``(4) Physician.--The term `physician' means a doctor of medicine or doctor of osteopathic medicine who-- ``(A) has at least 3 years of post-graduate, post- registration experience in general and emergency medicine; or ``(B) is certified by the American Board of Medical Specialties, or any other certifying body designated by the Secretary, in emergency medicine, family medicine, or internal medicine. ``(5) Qualified medical staff member.--The term `qualified medical staff member' means a medical professional certified in advanced cardiovascular life support and advanced trauma life support training.''. SEC. 202. CRIME REPORTING AND PUBLIC NOTICE. (a) Availability of Log Book and Entries to FBI and Other Investigators.--Section 3523(g)(1), as redesignated under section 201(a)(3) of this Act, is amended-- (1) in subparagraph (A), by striking ``in a centralized location readily accessible to law enforcement personnel,''; and (2) in subparagraph (B), by striking ``make such log book available'' and inserting ``make available the log book described in subparagraph (A), the Captain's log, the security log, the engine room log, all other logs, and all entries of the log books or logs described in this subparagraph, without regard as to whether the log book, logs, or entries are maintained on board the vessel or at a centralized location off the vessel,''. (b) Deadline To Notify Federal Bureau of Investigation Regarding Certain Incidents.--Section 3523(g)(3), as redesignated under section 201(a)(3) of this Act, is amended-- (1) in subparagraph (A)(i)-- (A) by striking ``shall contact'' and inserting ``subject to subparagraph (C), shall contact''; and (B) by striking ``after the occurrence on board the vessel of an incident involving'' and inserting ``, but not later than 4 hours, after an employee of the vessel is notified of an incident on board the vessel allegedly involving''; and (2) in subparagraph (B)(i), by striking ``admiralty and maritime jurisdiction of the United States and outside the jurisdiction of any State'' and inserting ``special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18,''. (c) Crime Reporting Guidelines.--Section 3523(g)(1)(A), as redesignated under section 201(a)(3) of this Act and amended by subsection (a), is further amended-- (1) in clause (i), by striking the comma at the end and inserting a semicolon; (2) in clause (ii), by striking ``, and'' and inserting a semicolon; (3) in clause (iii), by striking the comma at the end and inserting ``; and''; and (4) by inserting after clause (iii) the following: ``(iv) any other criminal offenses reported to the Federal Bureau of Investigation through the Uniform Crime Reporting Program,''. (d) Reports Before Departure.--Section 3523(g)(3), as redesignated under section 201(a)(3) of this Act, is amended by adding at the end the following: ``(C) Reports before departure.--If an employee of a vessel to which this subchapter applies is notified of an incident under subparagraph (A)(i) while the vessel is within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18, and en route to a United States port or at a United States port, the owner of the vessel (or the owner's designee) shall contact the nearest Federal Bureau of Investigation Field Office or Legal Attache not later than the time specified under subparagraph (A)(i) or before the vessel departs port, whichever is earlier.''. (e) Reports to United States Consulates.--Section 3523(g)(3), as amended by subsection (d), is further amended by adding at the end the following: ``(D) Reports to united states consulates.--If an incident described in subparagraph (A)(i) allegedly involves an offense by or against a United States national, in addition to contacting the nearest Federal Bureau of Investigation Field Office or Legal Attache under that subparagraph, the owner of a vessel to which this subchapter applies (or the owner's designee) shall contact the United States consulate at the next port of call as soon as possible, but not later than 4 hours after arrival at the port.''. (f) Reports to Secretary of Transportation; Incidents and Details.--Section 3523(g)(3)(A), as amended by subsection (b), is further amended-- (1) in clause (ii), by striking ``to the Internet website maintained by the Secretary of Transportation under paragraph (4)(A)'' and inserting ``, including the details under paragraph (2), to the Internet website maintained by the Secretary of Transportation under section 16106(i)''; and (2) in clause (iii), by striking ``under paragraph (4)(A)'' and inserting ``under section 16106(i)''. (g) Availability of Security Guide Via Internet.--Section 3523(c)(1), as redesignated under section 201(a)(3) of this Act, is amended-- (1) in subparagraph (A)-- (A) by striking ``a guide (referred to in this subsection as the `security guide')'' and inserting ``a security guide''; and (B) by striking ``English, which'' and inserting ``English, that''; and (2) in subparagraph (C), by striking ``on the website of the vessel owner'' and inserting ``through a prominently accessible link on each Internet website that the vessel owner maintains for applicable passengers to purchase or book passage on a passenger vessel''. (h) Reporting Requirements.--Section 3523, as redesignated under section 201(a)(3) of this Act, is further amended-- (1) by striking subsections (k) and (l); (2) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (3) by inserting after subsection (h) the following: ``(i) Reporting Requirements.-- ``(1) Provision to state fusion centers.-- ``(A) In general.--Any records (including electronic records), information, or written documentation provided to any source under subsection (g) shall also be provided to the State fusion center (as described in section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h)) for the State in which the applicable port described in subparagraph (B) is located. ``(B) Applicable port.--For purposes of this paragraph, the applicable port shall be the port from which a vessel originally embarks or the port at which the vessel disembarks, whichever port is nearest when the alleged incident occurs. ``(2) Effect on other reporting requirements.-- Requirements under this subsection supplement and do not amend, or serve as a substitute for, the reporting requirements of section 10104 of this title or any other provision of law.''. SEC. 203. CRIME PREVENTION, DOCUMENTATION, AND RESPONSE REQUIREMENTS. (a) Maintenance and Placement of Video Surveillance Equipment.-- Section 3523(b)(1)(B), as redesignated under section 201(a)(3) of this Act, is amended-- (1) in subclause (II) of clause (ii), by striking ``to the maximum extent practicable''; (2) by redesignating subclause (IV) of clause (ii) as clause (iii), and adjusting the margins appropriately; (3) by inserting after subclause (III) of clause (ii) the following: ``(IV) incorporate the feedback and suggestions from the results of the independent third party risk assessment to provide optimum surveillance that complies with the guidance from the Commandant.''; and (4) in clause (iii), as redesignated by paragraph (2), by striking ``the independent party referred to in paragraph (C)'' and inserting the following: ``Independent third party.--The independent party referred to in clause (ii)(III)''. (b) Access to Video Records.--Section 3523(b)(3)(B), as redesignated under section 201(a)(3) of this Act, is further amended-- (1) in the matter preceding clause (i), by striking ``Except as proscribed by law enforcement authorities or court order, the'' and inserting ``The''; and (2) in clause (ii), by striking ``of any sexual assault incident''. (c) Notice of Video Surveillance.--Section 3523(b)(2), as redesignated under section 201(a)(3) of this Act, is further amended by striking ``this section applies'' and inserting ``this subchapter applies''. (d) Retention Requirements.--Section 3523(b)(4), as redesignated under section 201(a)(3) of this Act, is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins appropriately; (2) by striking ``The owner of a vessel to which this section applies'' and inserting the following: ``(A) In general.--The owner of a vessel to which this subchapter applies''; (3) by striking ``20 days after the footage is obtained'' and inserting ``1 year after completion of the voyage''; (4) in clause (ii) of subparagraph (A), as redesignated by this subsection, by striking ``4 years'' and inserting ``5 years''; and (5) by adding at the end the following: ``(B) Interim standards.--Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2024, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate interim standards for the retention of records of video surveillance. ``(C) Final standards.--Not later than 1 year after the date of enactment of the Cruise Passenger Protection Act of 2024, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate final standards for the retention of records of video surveillance. ``(D) Considerations.--In promulgating standards under subparagraphs (B) and (C), the Commandant shall-- ``(i) consider factors that would aid in the investigation of serious crimes, including crimes that go unreported until after the completion of a voyage; ``(ii) consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built; ``(iii) consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and ``(iv) consider technological advancements, including requirements to update technology.''. (e) Technology Detecting Passengers Who Have Fallen Overboard Requirement.--Section 3523(a)(1)(D), as redesignated under section 201(a)(3) of this Act, is amended by striking ``or detecting passengers who have fallen overboard,'' and inserting ``and detecting passengers who have fallen overboard, as certified by an independent third party accepted by a classification society that is a member of the International Association of Classification Societies or another classification society recognized by the Secretary pursuant to section 3316(b) of this title,''. (f) Criminal Activity Prevention and Response Guide.--Section 3523(c)(1), as amended by section 202(g) of this Act, is further amended-- (1) in subparagraph (A)-- (A) by redesignating clause (ii) as clause (vi); (B) by inserting after clause (i) the following: ``(ii) describes the availability of support services under section 16106, including any contact information provided by the Secretary of Transportation or director of victim support services under that section; ``(iii) includes the summary of rights under section 16106(e); ``(iv) includes the summary under section 16104(a); ``(v) includes the toll-free hotline telephone number and consumer complaints Internet website link under section 16104(b);''; (C) in clause (vi), as redesignated, by inserting ``and'' at the end; and (D) by adding at the end the following: ``(vii) includes such other information as the Secretary of Transportation recommends under section 16106(b)(3)(F);''; (2) by amending subparagraph (B) to read as follows: ``(B) provide a copy of the security guide to-- ``(i) the Secretary of Transportation for review; and ``(ii) the Federal Bureau of Investigation for comment;''; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B) the following: ``(C) immediately after the vessel is notified that a passenger is an alleged victim of an incident described under subsection (g)(3)(A)-- ``(i) provide the passenger with a copy of the security guide; and ``(ii) inform the passenger that the passenger has the right to notify the Federal Bureau of Investigation that the passenger has been a victim of a crime on a passenger vessel; and''. (g) Maintenance of Supplies To Prevent Sexually Transmitted Diseases.--Section 3523(d)(1), as redesignated by section 201(a)(3) of this Act, is amended by inserting ``(taking into consideration the length of the voyage and the number of passengers and crewmembers that the vessel can accommodate)'' after ``a sexual assault''. (h) Sexual Assault; Contact Information.--Section 3523(d)(5)(A), as redesignated by section 201(a)(3) of this Act, is amended by striking ``the United States Coast Guard,''. (i) Sexual Assault; Private Telephone Line.--Section 3523(d)(5)(B), as redesignated by section 201(a)(3) of this Act, is amended by inserting ``under section 16106 or'' after ``the information and support services available''. (j) Crime Scene Preservation Training.--Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall-- (1) promulgate a rule establishing the standards and curricula to allow for the certification of passenger vessel security personnel, crewmembers, and law enforcement officials on the appropriate methods for prevention, detection, evidence preservation, and reporting of criminal activities in the international maritime environment, as required under subsection (a) of section 3524 of title 46, United States Code (as redesignated by section 201(a)(3) of this Act); and (2) publish the rule and the most recent curricula described in paragraph (1) on the website of the department. (k) Crew Access to Passenger Staterooms; Procedures and Restrictions.--Section 3523(f)(2), as redesignated by section 201(a)(3) of this Act, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by inserting after subparagraph (B) the following: ``(C) a system that electronically records the date, time, and identity of each crew member accessing each passenger stateroom; and''; and (2) by striking paragraph (2) and inserting the following: ``(2) ensure that the procedures and restrictions are-- ``(A) fully and properly implemented; ``(B) reviewed annually; and ``(C) updated as necessary.''. (l) Requirements for Reporting.--Subsection (i) of section 3523, as added by section 202(h) of this Act, is further amended by adding at the end the following: ``(3) Applicability of requirements.--Any reporting requirement under this section relating to an incident specified in subsection (g)(3)(A)(i) is required without regard as to whether the Federal Bureau of Investigation has opened a formal investigation relating to the incident.''. SEC. 204. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS. (a) Vessel Design, Equipment, Construction, and Retrofitting Requirements.--Section 3523(a), as redesignated by section 201(a)(3) of this Act, is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``to which this subsection applies'' and inserting ``to which this subchapter applies''; (B) in subparagraph (A)-- (i) by striking ``The vessel'' and inserting ``Each exterior deck of a vessel''; and (ii) by inserting ``unless the height requirement would interfere with the deployment of a lifesaving device or other emergency equipment as identified by the Commandant'' before the period at the end; (C) in subparagraph (B), by striking ``entry doors that include peep holes or other means of visual identification.'' and inserting ``an entry door that includes a peep hole or other means of visual identification that provides an unobstructed view of the area outside the stateroom or crew cabin. For purposes of this subparagraph, the addition of an optional privacy cover on the interior side of the entry shall not in and of itself constitute an obstruction.''; and (D) in subparagraph (E), by striking ``when operating in high risk areas (as defined by the United States Coast Guard)''; and (2) by adding at the end the following: ``(3) Waivers; record of waivers.--The Secretary-- ``(A) may waive a requirement under paragraph (1) as the Secretary determines necessary; ``(B) shall maintain a record of each waiver under subparagraph (A); and ``(C) shall include in such record the justification for the waiver.''. (b) Medical Standards.-- (1) Medical standards.--Section 3525, as redesignated by section 201(a)(3) of this Act, is amended-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by inserting after paragraph (1) the following: ``(2) there are a sufficient number of qualified medical staff members on the vessel to treat the number of passengers who may be on board the vessel, as determined by regulation by the Secretary, in consultation with the Secretary of Health and Human Services;''; (C) in paragraph (3), as redesignated by subparagraph (A), by striking ``; and'' and inserting ``or any successor standard;''; (D) in paragraph (4), as redesignated by subparagraph (A)-- (i) in subparagraph (A), by striking ``and'' after the semicolon; (ii) in subparagraph (B), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: ``(C) the location and proper use of automated external defibrillators; and ``(D) the proper way to report an incident or to seek security assistance in the event of a medical emergency;''; and (E) by adding at the end the following: ``(5) if a United States citizen dies on board the vessel and the citizen's next of kin requests that the citizen's body return to the United States on the vessel-- ``(A) such request is granted-- ``(i) unless-- ``(I) the vessel comes within the domestic jurisdiction of a country that requires human remains to be removed from a vessel or requires human remains to undergo post-mortem offshore autopsy; or ``(II) the vessel is scheduled to enter the domestic jurisdiction of such a country as part of the scheduled voyage; and ``(ii) except that, in cases in which the vessel is not scheduled to return to a United States port for 21 or more days after the citizen's death, arrangements may be made to return the body on a different appropriate vessel; and ``(B) the owner of the vessel pays for any transportation costs related to the return; ``(6) every crew member on the vessel has received basic life support training and is certified in cardiopulmonary resuscitation; and ``(7) every passenger-facing crew member on a vessel leaving from or en route to a United States port of call has a basic understanding of the English language, including-- ``(A) at least a `Basic' score on the Test of English as a Foreign Language for both listening and speaking; ``(B) at least a `4 Skill Level' score on the International English Language Testing System for both listening and speaking; or ``(C) at least a basic level of proficiency for listening and speaking on another test of the English Language designated by the Secretary.''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on the date that is 180 days after the date of enactment of this Act. SEC. 205. ENFORCEMENT. (a) Penalties for Violation of Passenger Vessel Security and Safety Requirements.--Section 3523(h)(1)(A), as redesignated by section 201(a)(3) of this Act, is amended by striking ``, except that'' and all that follows through ``$50,000''. (b) Information Sharing.--Subchapter II of chapter 35, as amended by this Act, is further amended by adding at the end the following: ``Sec. 3527. Information sharing ``(a) In General.--To the extent not prohibited by other law, the head of a designated agency shall make available to another head of a designated agency any information necessary to carry out the provisions of this subchapter. The provision by the head of a designated agency of any information under this section to another head of a designated agency shall not constitute a waiver of, or otherwise effect, any privilege any agency or person may claim with respect to that information under Federal or State law. ``(b) Definition of Head of a Designated Agency.--In this section, the term `head of a designated agency' means the Secretary of Transportation, the Secretary of Homeland Security, or the Attorney General.''. (c) Enforcement.--Subchapter II of chapter 35, as amended by this Act, is further amended by adding at the end the following: ``Sec. 3528. Refusal of clearance; denial of entry ``(a) Clearance.--The Secretary of Homeland Security may withhold or revoke the clearance required under section 60105 of any vessel of the owner of a vessel to which this subchapter applies, wherever the vessel is found, if the owner of the vessel-- ``(1) commits an act or omission for which a penalty may be imposed under this subchapter or chapter 161; or ``(2) fails to pay a penalty imposed on the owner under this subchapter or chapter 161. ``(b) Denial of Entry.--The Secretary of the department in which the Coast Guard is operating may deny entry into the United States to a vessel to which this subchapter applies if it is made aware by the Secretary of the Department of Transportation or the Attorney General that the owner of the vessel-- ``(1) commits an act or omission for which a penalty may be imposed under this subchapter or chapter 161; or ``(2) fails to pay a penalty imposed on the owner under this subchapter or chapter 161.''. SEC. 206. TECHNICAL AND CONFORMING AMENDMENTS. (a) Application.--Chapter 35, as amended by this Act, is further amended-- (1) in section 3523, by striking ``to which this section applies'' each place such phrase appears and inserting ``to which this subchapter applies''; (2) in section 3524, by striking ``to which this section applies'' each place such phrase appears and inserting ``to which this subchapter applies''; (3) in section 3525, by striking ``to which section 3507 applies'' and inserting ``to which this subchapter applies''; and (4) in section 3526-- (A) by striking ``to which section 3507 applies'' and inserting ``to which this subchapter applies''; (B) by striking ``(a) Automated External Defibrillators.--''; and (C) by striking subsection (b). (b) Availability of Incident Data Via Internet.--Section 3523(g), as redesignated under section 201(a)(3) of this Act, is amended by striking paragraph (4). (c) Reporting Requirements.--Section 8440(c)(2) of the William M. (Mac) Thornberry National Defense Authorization Act of 2021 is amended by striking ``3507 of title 46, United States Code'' and inserting ``3523 of title 46, United States Code (designated as section 3507 of such title before the date of enactment of the Cruise Passenger Protection Act of 2024),''. (d) Table of Contents.--The table of sections for chapter 35 is amended-- (1) by inserting before the item relating to section 3501 the following: ``subchapter i-general provisions''; (2) by inserting after the item relating to section 3506 the following: ``subchapter ii-cruise vessels''; and (3) by striking the items relating to sections 3507, 3508, 3509, and 3510 and inserting the following: ``3521. Application. ``3522. Definitions. ``3523. Passenger vessel security and safety requirements. ``3524. Crime scene preservation training for passenger vessel crewmembers. ``3525. Medical standards. ``3526. Additional medical and safety standards. ``3527. Information sharing. ``3528. Refusal of clearance; denial of entry.''. <all>

usgpo

2024-10-08T13:26:16.928345

BILLS

BILLS-118hr9531ih

To make projects in certain counties eligible for funding under the rural surface transportation grant program, and for other purposes.

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9531 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9531 To make projects in certain counties eligible for funding under the rural surface transportation grant program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 10, 2024 Mr. Valadao (for himself, Mrs. Cherfilus-McCormick, Mr. Fong, and Mr. Costa) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To make projects in certain counties eligible for funding under the rural surface transportation grant program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RURAL SURFACE TRANSPORTATION GRANT PROGRAM. Section 173 of title 23, United States Code, is amended-- (1) in subsection (a) by adding at the end the following: ``(3) Covered county.--The term `covered county' means a county that has an annual gross agricultural production value of at least $1,000,000,000 and agricultural production of at least $500,000 per square mile, adjusted annually for inflation in accordance with the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. ``(4) Farm-to-market road.--The term `farm-to-market road' means a road located within a covered county.''; (2) in subsection (i) by striking ``subsection (k)(1)'' and inserting ``paragraphs (1) and (4) of subsection (k)''; (3) in subsection (k)-- (A) by redesignating paragraph (4) as paragraph (5); (B) by inserting after paragraph (3) the following: ``(4) Farm-to-market roads.--The Secretary shall reserve 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located on farm-to-market roads in any amount.''; and (C) in paragraph (5) (as so redesignated) by striking ``or (3)'' and inserting ``(3), or (4)''; and (4) by adding at the end the following: ``(p) Eligible Covered Counties.--The Secretary, in consultation with the Secretary of Agriculture, shall create, and annually update, a list of covered counties.''. <all>

usgpo

2024-10-08T13:26:17.176792

PLAW

PLAW-118publ68

Winnebago Land Transfer Act of 2023

United States National Archives and Records Administration Office of the Federal Register

[118th Congress Public Law 68] [From the U.S. Government Publishing Office] Public Law 118-68 118th Congress An Act To transfer administrative jurisdiction of certain Federal lands from the Army Corps of Engineers to the Bureau of Indian Affairs, to take such lands into trust for the Winnebago Tribe of Nebraska, and for other purposes. <<NOTE: July 12, 2024 - [H.R. 1240]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Winnebago Land Transfer Act of 2023.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Winnebago Land Transfer Act of 2023''. SEC. 2. LAND TO BE TAKEN INTO TRUST. (a) In General.--Subject to all valid existing rights, all right, title, and interest (including improvements and appurtenances) of the United States in and to the Federal lands described in subsection (b), those Federal lands-- (1) are declared to be part of the Winnebago Reservation created by the Treaty between the United States and the Winnebago Tribe in 1865; and (2) shall be held in trust by the United States for the benefit of the Winnebago Tribe of Nebraska subject to the same terms and conditions as those lands described in the Treaty with the Winnebago Tribe, 1865 (14 Stat. 671). (b) Federal Lands Described.--The Federal lands described in this subsection are the following: (1) That portion of Tract No. 119, the description of which is filed in the United States District Court for the Northern District of Iowa (Western Division), Civil Case No. 70-C-3015-W, executed May 11, 1973, said tract being situated in Section 8 and the accretion land thereto, the Southwest Quarter of Section 9, the West Half of Section 16, the East Half of Section 17, Township 86 North, Range 47 West of the Fifth Principal Meridian, Woodbury County, Iowa, lying Easterly of the Nebraska/ Iowa State Line and Southerly of the Easterly extension of the North line of the Winnebago Reservation. (2) Tract No. 210, as described in Schedule ``A'' of the ``Declaration of Taking, Legal Description of Tract 210 and Judgment on Stipulation and Order of Distribution'', filed in the United States District Court for the Northern District of Iowa (Western Division), Civil Case No. 70-C-3015-W. (3) Tract No. 113, as described in the ``Judgment on Declaration of Taking and Legal Description of Tract 113'', filed in the United States District Court for the District of Nebraska, Civ. No. 03498. (c) Gaming Prohibition.--Class II and class III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under subsection (a). Approved July 12, 2024. LEGISLATIVE HISTORY--H.R. 1240: --------------------------------------------------------------------------- HOUSE REPORTS: No. 118-369 (Comm. on Natural Resources). SENATE REPORTS: No. 118-180 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 170 (2024): Feb. 5, considered and passed House. June 20, considered and passed Senate. <all>

usgpo

2024-10-08T13:26:48.465185

BILLS

BILLS-118s5092is

Northern Border Security Enhancement and Review Act

United States Congress Senate

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 5092 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 5092 To amend the Northern Border Security Review Act to require updates to the northern border threat analysis and northern border strategy, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES September 18, 2024 Ms. Hassan (for herself, Mr. Cramer, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To amend the Northern Border Security Review Act to require updates to the northern border threat analysis and northern border strategy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Border Security Enhancement and Review Act''. SEC. 2. NORTHERN BORDER THREAT ANALYSIS AND STRATEGY. (a) Northern Border Threat Analysis.--Section 3(a) of the Northern Border Security Review Act (Public Law 114-267) is amended-- (1) in the matter preceding paragraph (1), by striking ``180 days after the date of enactment of this Act'' and inserting ``September 2, 2025, and annually thereafter''; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1) the following: ``(2) an assessment of recent changes in the amount and demographics of apprehensions at the northern border, including an analysis of apprehension changes at the sector level.''. (b) Northern Border Strategy Updates.--Section 3 of the Northern Border Security Review Act (Public Law 114-267) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Northern Border Strategy Updates.--Not later than 90 days after the submission of each threat analysis pursuant to subsection (a), the Secretary of Homeland Security shall-- ``(1) update the Department of Homeland Security's northern border strategy; or ``(2) if the Secretary determines no such update is necessary, submit a report to the appropriate congressional committees justifying such determination.''. (c) Classified Briefings.--Section 3 of the Northern Border Security Review Act, as amended by subsection (b), is further amended by adding at the end the following: ``(e) Classified Briefings.--Not later than 30 days after the submission of each threat analysis pursuant to subsection (a), the Secretary of Homeland Security shall provide a classified briefing regarding such analysis to the appropriate congressional committees.''. (d) Implementation of Certain Government Accountability Office Recommendations.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Executive Assistant Commissioner of Air and Marine Operations of U.S. Customs and Border Protection, shall develop performance measures to assess the effectiveness of Air and Marine Operations at securing the northern border between ports of entry in the air and maritime environments. <all>

usgpo

2024-10-08T13:26:56.875733

CDOC

CDOC-118hdoc138

CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO SYRIA

United States Congress House of Representatives

[House Document 118-138] [From the U.S. Government Publishing Office] 118th Congress, 2d Session - - - - - - - - - - - - House Document 118-138 CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO SYRIA __________ MESSAGE from THE PRESIDENT OF THE UNITED STATES transmitting NOTIFICATION THAT THE NATIONAL EMERGENCY WITH RESPECT TO SYRIA DECLARED IN EXECUTIVE ORDER 13338 OF MAY 11, 2004, AS AMENDED, IS TO CONTINUE IN EFFECT BEYOND MAY 11, 2024, PURSUANT TO 50 U.S.C. 1622(d); PUBLIC LAW 94-412, SEC. 202(d); (90 STAT. 1257) May 8, 2024.--Message and accompanying papers referred to the Committee on Foreign Affairs and ordered to be printed To the Congress of the United States: Section 202 (d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date. In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency with respect to the actions of the Government of Syria declared in Executive Order 13338 of May 11, 2004--as modified in scope and relied upon for additional steps taken in Executive Order 13399 of April 25, 2006, Executive Order 13460 of February 13, 2008, Executive Order 13572 of April 29, 2011, Executive Order 13573 of May 18, 2011, Executive Order 13582 of August 17, 2011, Executive Order 13606 of April 22, 2012, and Executive Order 13608 of May 1, 2012--is to continue in effect beyond May 11, 2024. The regime's brutality and repression of the Syrian people, who have called for freedom and a representative government, not only endangers the Syrian people themselves, but also generates instability throughout the region. The Syrian regime's actions and policies, including with respect to chemical weapons and supporting terrorist organizations, continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For these reasons, I have determined that it is necessary to continue in effect the national emergency declared in Executive Order 13338 with respect to Syria. In addition, the United States condemns the brutal violence and human rights violations and abuses of the Assad regime and its Russian and Iranian enablers. The United States calls on the Assad regime, and its backers, to stop its violent war against its own people, enact a nationwide ceasefire, facilitate the unhindered delivery of humanitarian assistance to all Syrians in need, and negotiate a political settlement in Syria in line with United Nations Security Council Resolution 2254. The United States will consider changes in policies and actions of the Government of Syria in determining whether to continue or terminate this national emergency in the future. Joseph R. Biden, Jr. The White House, May 8, 2024. Notice ---------- Continuation of the National Emergency With Respect to the Actions of the Government of Syria On May 11, 2004, pursuant to his authority under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (Public Law 108-175), the President issued Executive Order 13338, in which he declared a national emergency with respect to the actions of the Government of Syria. The national emergency was modified in scope and relied upon for additional steps taken in Executive Order 13399 of April 25, 2006, Executive Order 13460 of February 13, 2008, Executive Order 13572 of April 29, 2011, Executive Order 13573 of May 18, 2011, Executive Order 13582 of August 17, 2011, Executive Order 13606 of April 22, 2012, and Executive Order 13608 of May 1, 2012. The President took these actions to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the actions of the Government of Syria in supporting terrorism, maintaining its then-existing occupation of Lebanon, pursuing weapons of mass destruction and missile programs, and undermining United States and international efforts with respect to the stabilization and reconstruction of Iraq. The regime's brutality and repression of the Syrian people, who have called for freedom and a representative government, not only endangers the Syrian people themselves, but also generates instability throughout the region. The Syrian regime's actions and policies, including with respect to chemical weapons and supporting terrorist organizations, continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. As a result, the national emergency declared in Executive Order 13338, which was expanded in scope in Executive Order 13572, and with respect to which additional steps were taken in Executive Order 13399, Executive Order 13460, Executive Order 13573, Executive Order 13582, Executive Order 13606, and Executive Order 13608, must continue in effect beyond May 11, 2024. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared with respect to the actions of the Government of Syria. In addition, the United States condemns the brutal violence and human rights violations and abuses of the Assad regime and its Russian and Iranian enablers. The United States calls on the Assad regime, and its backers, to stop its violent war against its own people, enact a nationwide ceasefire, facilitate the unhindered delivery of humanitarian assistance to all Syrians in need, and negotiate a political settlement in Syria in line with United Nations Security Council Resolution 2254. The United States will consider changes in policies and actions of the Government of Syria in determining whether to continue or terminate this national emergency in the future. This notice shall be published in the Federal Register and transmitted to the Congress. Joseph R. Biden, Jr. The White House, May 8, 2024.

usgpo

2024-10-08T13:26:34.087880

BILLS

BILLS-118hr8684ih

Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2024; SHOP SAFE Act of 2024

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8684 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8684 To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 11, 2024 Mr. Issa (for himself, Mr. Nadler, Mr. Cline, and Mr. Johnson of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2024'' or the ``SHOP SAFE Act of 2024''. SEC. 2. CONTRIBUTORY LIABILITY FOR ELECTRONIC COMMERCE PLATFORMS. (a) In General.--Section 32 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ``Trademark Act of 1946'') (15 U.S.C. 1114), is amended by adding at the end the following: ``(4)(A) Except as provided in subparagraph (B), an electronic commerce platform shall be contributorily liable in a civil action under paragraph (1) for a case in which a third- party seller is shown to have used in commerce a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of a good that implicates health and safety on the platform. ``(B) An electronic commerce platform shall not be subject to contributory liability under subparagraph (A) if the electronic commerce platform demonstrates that the platform took reasonable measures to implement each of the following steps to prevent infringing use by the applicable third-party seller on the platform before that infringing use: ``(i) Determined after an investigation and periodically confirmed-- ``(I) that the third-party seller designated a registered agent in the United States for service of process; or ``(II) in the case of a third-party seller located in the United States that has not designated a registered agent under subclause (I), that the third-party seller has designated a verified address for service of process in the United States. ``(ii) Imposed on the third-party seller as a condition of participating on the electronic commerce platform requirements that the third-party seller-- ``(I) consents to the jurisdiction of the courts of the United States with respect to claims related to participation by the third- party seller on the platform; and ``(II) uses images on the electronic commerce platform that accurately depict the goods sold, offered for sale, distributed, or advertised on the electronic commerce platform. ``(iii) Provided accessible electronic means by which a registrant and consumer can notify the electronic commerce platform of suspected use of a counterfeit mark. ``(iv)(I) Implemented at no charge from the electronic commerce platform to registrants proactive measures for screening listings for goods before displaying the goods to the public to prevent the use by any third-party seller of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the platform. ``(II) For purposes of implementing the proactive measures described in subclause (I)-- ``(aa) a registrant shall provide the applicable electronic commerce platform with a notice of the mark of the registrant and a point of contact in advance; and ``(bb) the applicable electronic commerce platform may not require that a registrant participate in any program specific to the electronic commerce platform. ``(III) An electronic commerce platform shall not be liable under subparagraph (A) for failure to comply with subclause (I) if the registrant has not provided the platform with the information required under subclause (II) and information relating to the mark is not publicly available. ``(IV) If the screening described in subclause (I) blocks goods from being displayed on the applicable electronic commerce platform, the electronic commerce platform shall allow an opportunity for the applicable third-party seller to provide proof that the goods in question are not counterfeit. ``(v)(I) Implemented at no charge from the electronic commerce platform to registrants a program to expeditiously disable or remove from the platform any listing for which the platform has actual or constructive knowledge of the use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods. ``(II) For the purposes of subclause (I), constructive knowledge of the use of a counterfeit mark may be inferred based on information gathered by the applicable electronic commerce platform (including information submitted by registrants to the electronic commerce platform), including information regarding-- ``(aa) the use of a counterfeit mark on the platform; ``(bb) the allegedly infringed registration; ``(cc) identifying characteristics of a particular listing or third-party seller; or ``(dd) other circumstances, as appropriate. ``(III) An electronic commerce platform may reinstate a listing disabled or removed under this clause, if, after an investigation initiated by the platform or upon request of the affected third-party seller, the platform reasonably determines that a counterfeit mark was not used in the listing. ``(IV) A verified decision to reinstate a listing under subclause (III) shall not be a basis for finding that the applicable electronic commerce platform failed to comply with this clause. ``(vi)(I) Implemented a publicly available, written policy that requires termination of a third-party seller that has been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the electronic commerce platform. ``(II) The use of a counterfeit mark by a third- party seller in 3 separate listings during a 1-year period typically shall be considered repeated use for the purposes of subclause (I), but an electronic commerce platform may allow a third-party seller to remain active after repeated use of a counterfeit mark when mitigating circumstances exist. ``(III) The determination of whether mitigating circumstances exist for the purposes of subclause (II) shall consider the overall activity of the applicable third-party seller, efforts the third-party seller has taken to cure supply-chain concerns, third-party seller intent, the scope and nature of the defenses offered by the third-party seller, efforts the third-party seller takes to refute or resolve disputes once notified of a concern, and any other factor considered relevant by a court. ``(IV) An electronic commerce platform may reinstate a third-party seller after terminating the third-party seller under subclause (I), if, after an investigation initiated by the platform or upon request of the affected third-party seller, the platform determines that the third-party seller did not engage in repeated use of a counterfeit mark or that mitigating circumstances exist. ``(V) A verified decision by an electronic commerce platform under subclause (IV) to reinstate a third- party seller shall not be a basis for finding that the platform failed to comply with this clause. ``(vii) Implemented at no charge from the electronic commerce platform to registrants measures for screening third-party sellers to ensure that third- party sellers that have been terminated under clause (vi) do not rejoin or remain on the platform under a different seller identity or alias. ``(viii) Provided a verified basis, upon request of a registrant, for the registrant to contact a third- party seller, or the designated agent of a third-party seller for service of process, if the registrant has a bona fide belief that the third-party seller has used a counterfeit mark of a mark belonging to the registrant in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health and safety on the electronic commerce platform, except that the platform is not required to provide information that constitutes the personal identity of an individual, a residential street address, or personal contact information of an individual (and, in such case, the platform shall provide an alternative means of contacting the third-party seller). ``(C) The determination of whether the measures in this paragraph are reasonable shall consider the size and resources of an electronic commerce platform, the nature of the goods and services provided by the platform, available technological and non-technological solutions, the amount of information provided by a registrant to the platform, and any other factor considered relevant by a court. ``(D)(i) This paragraph shall apply to an electronic commerce platform-- ``(I) that has sales on the platform in the current or previous calendar year in an amount of not less than $500,000; or ``(II) with less than $500,000 in sales on the platform in the current or previous calendar year, beginning on the date that is 180 days after the date on which the platform receives the tenth notice, in aggregate, that qualifies under clause (ii). ``(ii) To count toward the aggregate 10-notice threshold under clause (i)(II), a notice shall-- ``(I) include a reference to this paragraph; ``(II) include an explicit notification of the 10- notice threshold and the requirement of the applicable electronic commerce platform to publish the information under clause (iii); and ``(III) identify a listing on the applicable electronic commerce platform that reasonably could be determined to have used a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods that implicate health and safety. ``(iii) Not later than 30 days after the date on which an electronic commerce platform described in clause (i)(II) receives the first notice under clause (ii), the platform shall make publicly available an attestation that-- ``(I) the sales of goods on the platform in the current or previous calendar year were less than $500,000; and ``(II) includes an aggregate count of the notices received by the platform that qualify under clause (ii), which shall be updated upon receipt of additional notices by the platform. ``(E) An electronic commerce platform shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this paragraph from unauthorized use, disclosure, access, destruction, or modification. ``(F) This paragraph may not be construed to limit liability or defenses in contexts other than those described in this paragraph, including any cause of action or defenses available under any other provision of this Act, notwithstanding that the same facts may give rise to a claim under this paragraph. ``(G) With respect to fiscal year 2026, and each fiscal year thereafter, the amounts in subparagraph (D) shall be increased by an amount equal to the percentage increase during the preceding fiscal year, if any, in the Consumer Price Index for All Urban Consumers published by the Department of Labor. ``(H) In this paragraph: ``(i) The term `consumer product' has the meaning given the term in section 101 of the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act (15 U.S.C. 2301) and section 700.1 of title 16, Code of Federal Regulations, or any successor regulation. ``(ii) The term `counterfeit mark' has the meaning given the term in section 34(d)(1)(B). ``(iii) The term `electronic commerce platform'-- ``(I) means any person or entity that operates a consumer-directed electronically based or accessed platform that-- ``(aa) includes features that allow for, facilitate, or enable third-party sellers to engage in the sale or purchase of a consumer product in the United States; and ``(bb) is used by 1 or more third- party sellers; and ``(II) does not include any electronically- accessed platform that-- ``(aa) prohibits the sale of goods by a third-party seller; and ``(bb) takes reasonable steps to prevent an unauthorized third-party sale or offer for sale. ``(iv) The term `good that implicates health and safety' means a consumer product, the use of which can lead to illness, disease, injury, serious adverse event, allergic reaction, or death, if the consumer product is produced without compliance with all applicable Federal, State, and local health and safety regulations and industry-designated testing, safety, quality, certification, manufacturing, packaging, and labeling standards. ``(v) The term `third-party seller' means any seller, independent of an electronic commerce platform, that sells, offers to sell, or contracts to sell a consumer product in the United States through an electronic commerce platform.''. (b) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

usgpo

2024-10-08T13:27:15.015519

BILLS

BILLS-118hr9317ih

Counter Terrorgram Act of 2024

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9317 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9317 To require the Secretary of Homeland Security to conduct annual assessments on terrorism threats to the United States posed by terrorist organizations utilizing foreign cloud-based mobile or desktop messaging applications, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES August 6, 2024 Mr. Pfluger (for himself and Mr. Panetta) introduced the following bill; which was referred to the Committee on Homeland Security _______________________________________________________________________ A BILL To require the Secretary of Homeland Security to conduct annual assessments on terrorism threats to the United States posed by terrorist organizations utilizing foreign cloud-based mobile or desktop messaging applications, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Counter Terrorgram Act of 2024''. SEC. 2. SENSE OF CONGRESS REGARDING THE USE OF FOREIGN CLOUD-BASED MOBILE AND DESKTOP MESSAGING APPLICATIONS FOR TERRORIST ACTIVITY. It is the sense of Congress that-- (1) the heightened terrorism threat landscape and the increasing utilization of foreign cloud-based mobile and desktop messaging applications by terrorist organizations represent a national security threat, and the challenges posed by such threat are not well understood; and (2) the Department of Homeland Security, in consultation with the Office of the Director of National Intelligence, must take steps to recognize, assess, and address such threat, thereby reducing risks to the people of the United States. SEC. 3. ANNUAL ASSESSMENTS ON TERRORISM THREATS TO THE UNITED STATES POSED BY TERRORIST ORGANIZATIONS UTILIZING FOREIGN CLOUD- BASED MOBILE AND DESKTOP MESSAGING APPLICATIONS. (a) Assessments.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act and annually thereafter for five years, the Secretary of Homeland Security, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees an assessment of terrorism threats to the United States posed by terrorist organizations utilizing foreign cloud-based mobile or desktop messaging applications. (2) Contents.--The terrorism threat assessments under paragraph (1) shall address the following: (A) In the first such assessment, an analysis of incidents in which terrorist organizations have utilized foreign cloud-based mobile and desktop messaging applications to facilitate the ability to radicalize and recruit individuals. (B) Information related to online payment features of foreign cloud-based mobile and desktop messaging applications, and how such features provide monetary support to terrorist organizations. (C) Recommendations on appropriate measures to address terrorism threats to the United States posed by terrorist organizations utilizing foreign cloud-based mobile or desktop messaging applications. (3) Coordination.--Each terrorism threat assessment under paragraph (1)-- (A) shall be coordinated with the Office of the General Counsel, the Privacy Office, and the Office of for Civil Rights and Civil Liberties of the Department of Homeland Security prior to release outside the Department to ensure each such assessment complies with applicable law and protects individuals' privacy, civil rights, and civil liberties, and (B) may be informed by existing products, as appropriate. (4) Form.--Each terrorism threat assessment under paragraph (1) shall be submitted in unclassified form, but may include a classified annex only for the protection of intelligence sources and methods relating to the matters contained in such assessment. The Secretary of Homeland Security shall post on a publicly available website of the Department of Homeland Security the unclassified portion of each such assessment. (5) Briefing.--Not later than 30 days after the submission of each terrorism threat assessment under paragraph (1), the Secretary of Homeland Security shall annually brief the appropriate congressional committees regarding each such assessment. The head of any other relevant Federal department or agency shall join the Secretary for any such briefing if any such committee, in consultation with the Secretary, determines such is appropriate. (6) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate. (b) Information Sharing.--The Secretary of Homeland Security shall review information relating to terrorism threats to the United States posed by terrorist organizations utilizing foreign cloud-based mobile or desktop messaging applications that is gathered by State and local fusion centers and the National Network of Fusion Centers, and incorporate such information, as appropriate, into the Department of Homeland Security's own information relating to such. The Secretary shall ensure the dissemination to State and local fusion centers and the National Network of Fusion Centers of such information. (c) Definitions.--In this section: (1) Foreign cloud-based mobile or desktop messaging applications.-- (A) In general.--The term ``foreign cloud-based mobile or desktop messaging applications''-- (i) includes the applications specified in subparagraph (B); and (ii) means a person or entity that owns or operates one or more social media platforms that are domiciled in or has links to any of the following-- (I) a foreign adversary (as such term is defined in section 7.2 of subpart A of part 7 of subtitle A of title 15, Code of Federal Regulations); (II) a person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; or (III) a terrorist organization. (B) Applications specified.--The applications specified in this subparagraph include the following: (i) ByteDance. (ii) Douyin. (iii) Redz. (iv) Tamtam. (v) Telegram. (vi) TikTok. (vii) Vkontakte. (viii) WeChat. (ix) Weibo. (x) Zapya. (xi) Any other application the Secretary of Homeland Security, in consultation with the Director of National Intelligence, determines appropriate. (2) Fusion center.--The term ``fusion center'' has the meaning given such term in subsection (k) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h). (3) National network of fusion centers.--The term ``National Network of Fusion Centers'' means a decentralized arrangement of fusion centers intended to enhance the ability of individual State and local fusion centers to leverage the capabilities and expertise of all such fusion centers for the purpose of enhancing analysis and homeland security information sharing nationally. (4) Terrorist organization.--The term ``terrorist organization'' means-- (A) any entity designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or (B) any entity engaged in terrorism, as such term is defined in section 2(18) of the Homeland Security Act of 2002 (6 U.S.C. 101(18)). <all>

usgpo

2024-10-08T13:26:29.766644

BILLS

BILLS-118s4801is

Tax Relief for Coerced Debt Act of 2024

United States Congress Senate

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4801 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4801 To amend the Internal Revenue Code of 1986 to exclude discharge of coerced indebtedness from gross income. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 25, 2024 Ms. Smith (for herself and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to exclude discharge of coerced indebtedness from gross income. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Relief for Coerced Debt Act of 2024''. SEC. 2. EXCLUSION OF DISCHARGED OF COERCED INDEBTEDNESS. (a) In General.--Section 108 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Treatment of Discharge of Coerced Indebtedness.-- ``(1) In general.--In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of coerced indebtedness. ``(2) Coerced indebtedness.--For purposes of this subsection-- ``(A) In general.--Indebtedness of an individual shall be treated as coerced indebtedness if-- ``(i) the indebtedness, or any portion thereof, was incurred-- ``(I) as the result of the unknowing and unauthorized use of personal identifying information of the individual, or ``(II) by reason of economic abuse, intimidation, harassment, threat of force, force, fraud, deception, coercion, undue influence, or other similar means, and ``(ii) the individual is relieved of personal liability for the debt or any obligation to the creditor or other claimants pursuant to a court judgement. ``(B) Economic abuse.--The term `economic abuse' means behavior, without regard to the relationship context in which such behavior occurs, which is otherwise described in section 40002(a)(13) of the Violence Against Women Act of 1994, and includes interference with the individual's ability to work. ``(3) Reporting and filing requirements.--The Secretary shall ensure that no additional reporting or filing requirements are imposed on the individual with respect to the exclusion under this subsection.''. (b) Effective Date.--The amendment made by this section shall apply to discharges of indebtedness after December 31, 2023. <all>

usgpo

2024-10-08T13:27:11.848933

DCPD

DCPD-202400662

Statement on Implementation of the Inflation Reduction Act's Discrimination Financial Assistance Program for Agricultural Producers

United States National Archives and Records Administration Office of the Federal Register

Administration of Joseph R. Biden, Jr., 2024 July 31, 2024 Farmers and ranchers work around the clock to put food on our tables and steward our Nation's land. But for too long, many farmers and ranchers experienced discrimination in farm loan programs and have not had the same access to Federal resources and support. I promised to address this inequity when I became President. Today that promise has become a reality. My Inflation Reduction Act took a bold step to address the effects of discrimination in farming and ranching, and today's action will enable more farmers and ranchers to support themselves and their families, help grow the economy, and pursue their dreams. Categories: Statements by the President : Inflation Reduction Act Discrimination Financial Assistance Program for agricultural producers, implementation. Subjects: Agricultural production, strengthening efforts; Department of Agriculture, Discrimination Financial Assistance Program for agricultural producers. DCPD Number: DCPD202400662.

usgpo

2024-10-08T13:26:56.605112

CRPT

CRPT-118hrpt524

PUBLIC HEALTH EMERGENCY MEDICAL SUPPLIES ENHANCEMENT ACT OF 2023

United States Congress House of Representatives

[House Report 118-524] [From the U.S. Government Publishing Office] 118th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 118-524 ====================================================================== PUBLIC HEALTH EMERGENCY MEDICAL SUPPLIES ENHANCEMENT ACT OF 2023 _______ May 23, 2024.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. McHenry, from the Committee on Financial Services, submitted the following R E P O R T [To accompany H.R. 1166] [Including cost estimate of the Congressional Budget Office] The Committee on Financial Services, to whom was referred the bill (H.R. 1166) to enhance authorities under the Defense Production Act of 1950 to respond to the public health emergencies, to provide additional oversight of such authorities, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. The amendment is as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Emergency Medical Supplies Enhancement Act of 2023''. SEC. 2. PUBLIC HEALTH EMERGENCIES. (a) Future Preparedness for Health Emergencies.--Section 702(14) of the Defense Production Act of 1950 is amended by striking ``and critical infrastructure protection and restoration'' and inserting ``, critical infrastructure protection and restoration, and public health emergency preparedness and response activities''. (b) Public Health Emergency.--The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is amended by inserting after section 711 the following: ``SEC. 712. PUBLIC HEALTH EMERGENCIES. ``(a) Scarce and Critical Materials.--During a public health emergency, any medical equipment or supplies determined by the Secretary of Health and Human Services or the Secretary of Homeland Security to be scarce and critical materials essential to the national defense for purposes of section 101 may be deemed by the President to be a scarce and critical material essential to the national defense for purposes of section 101 and otherwise meet the requirements of section 101(b), and funds available to implement this Act may be used for the purchase, production (including the construction, repair, and retrofitting of government-owned facilities as necessary), or distribution of such medical equipment or supplies. ``(b) Exercise of Title I Authorities in Relation to Contracts by State, Local, or Tribal Governments.--In exercising authorities under title I during a public health emergency, the President (and any officer or employee of the United States to which authorities under such title I have been delegated)-- ``(1) may exercise the prioritization or allocation authority provided in such title I to exclude any materials or supplies described in subsection (a) ordered by a State, local, or Tribal government that are scheduled to be delivered within 15 days of the time at which-- ``(A) the purchase order or contract by the Federal Government for such materials or supplies is made; or ``(B) the materials or supplies are otherwise allocated by the Federal Government under the authorities contained in this Act; and ``(2) shall, within 24 hours of any exercise of the prioritization or allocation authority provided in such title I-- ``(A) to the extent practicable notify any State, local, or Tribal government if the President determines that the exercise of such authorities would delay the receipt of such materials or supplies ordered by such government; and ``(B) take such steps as may be necessary, and as authorized by law, to ensure that such materials or supplies ordered by such government are delivered in the shortest possible period, consistent with the purposes of this Act. ``(c) Engagement With the Private Sector.-- ``(1) Outreach representative.--Consistent with the authorities in this title VII, the Administrator of the Federal Emergency Management Agency, in consultation with the Secretary of Health and Human Services, may designate or appoint, pursuant to section 703, an individual to be known as the `Outreach Representative' for any public health emergency. Such individual shall-- ``(A) be appointed from among individuals with substantial experience in the production or distribution of medical supplies or equipment; and ``(B) act as the Government-wide single point of contact during the public health emergency for outreach to manufacturing companies and their suppliers who may be interested in producing medical supplies or equipment, including the materials described under subsection (a). ``(2) Encouraging partnerships.--During a public health emergency, the Outreach Representative shall seek to develop partnerships between companies, in coordination with any overall coordinator appointed by the President to oversee the response to the public health emergency, including through the exercise of the authorities delegated by the President under section 708. ``(d) Enhancement of Supply Chain Production.--In exercising authority under title III during a public health emergency with respect to materials described in subsection (a), the President shall seek to ensure that support is provided to companies that comprise the supply chains for reagents, components, raw materials, and other materials and items necessary to produce or use the materials described in subsection (a), if applicable, to the extent necessary for the national defense during the public health emergency. ``(e) Enhanced Reporting During a Public Health Emergency.-- ``(1) In general.--Not later than 90 days after the use of authorities under this Act with respect to a public health emergency, and every 120 days thereafter until the termination of such public health emergency, the President, in consultation with the Administrator of the Federal Emergency Management Agency, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the exercise of authorities under titles I, III, and VII with respect to the public health emergency. ``(2) Contents.--Each report required under paragraph (1) shall include the following: ``(A) In general.--With respect to each exercise of such authority-- ``(i) an explanation of the purpose of the applicable contract, purchase order, or other exercise of authority (including an allocation of materials, services, and facilities under section 101(a)(2)); ``(ii) the cost of such exercise of authority; and ``(iii) if applicable-- ``(I) the amount of goods that were purchased or allocated; ``(II) an identification of the entity awarded a contract or purchase order or that was the subject of the exercise of authority; and ``(III) an identification of any entity that had shipments delayed by the exercise of any authority under this Act. ``(B) Consultations.--A description of any consultations conducted with relevant stakeholders on the needs addressed by the exercise of the authorities described in paragraph (1). ``(3) Update.--The President shall provide an additional briefing to the appropriate congressional committees on the matters described under paragraph (2) no later than four months after the submission of each report. ``(f) Definitions.--In this section: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committees on Appropriations, Armed Services, Energy and Commerce, Financial Services, and Homeland Security of the House of Representatives and the Committees on Appropriations, Armed Services, Banking, Housing, and Urban Affairs, Health, Education, Labor, and Pensions, Homeland Security and Governmental Affairs, and Veterans' Affairs of the Senate. ``(2) Public health emergency.--The term `public health emergency' means a public health emergency determined pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d). ``(3) Relevant stakeholder.--The term `relevant stakeholder' means-- ``(A) representative private sector entities; ``(B) representatives of the nonprofit sector; ``(C) representatives of primary and secondary school systems; and ``(D) representatives of organizations representing workers, including health workers, manufacturers, teachers, other public sector employees, and service sector workers. ``(4) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.''. (c) Update to Federal Regulations.-- (1) DPAS.--Not later than 30 days after the date of enactment of this Act, the Defense Property Accountability System regulations (15 C.F.R. part 700) shall be revised to reflect the requirements of section 712(b) of the Defense Production Act of 1950. (2) FAR.--Not later than 30 days after the revisions required by paragraph (1) are made, the Federal Acquisition Regulation shall be revised to reflect the requirements of section 712(b) of the Defense Production Act of 1950, consistent with the revisions made pursuant to paragraph (1). SEC. 3. REPORT ON ACTIVITIES INVOLVING SMALL BUSINESS. The report required by section 304(f)(3) of the Defense Production Act of 1950 (50 U.S.C. 4534(f)(3)) with respect to fiscal years 2023 and 2024 shall include the percentage of contracts awarded using funds to carry out the Defense Production Act of 1950 for each of the fiscal years 2023 and 2024, respectively, to small business concerns (as defined under section 702 of such Act). PURPOSE AND SUMMARY Introduced on February 24, 2023, by Representative Juan Vargas, H.R. 1166, the Public Health Emergency Medical Supplies Enhancement Act of 2023, amends sections of the Defense Production Act (DPA) (50 U.S.C. Sec. 4501-4568) to, among other things, identify certain materials as scarce and critical during a public health emergency period. The bill would also authorize the prioritization of materials for the federal government to exclude state, local, or tribal purchases and creates an outreach representative position to work with the private sector. Finally, the bill would direct the President to issue a report on the authorities exercised and to provide briefings four months after the submission of the report. BACKGROUND AND NEED FOR LEGISLATION The DPA allows the President to require companies to prioritize and accept contracts to meet national defense requirements. The DPA also allows for the President to incentivize production through loans, loan guarantees, and purchase commitments. The COVID-19 pandemic underscored the potential for infectious disease to undermine U.S. national security interests. Together with Operation Warp Speed, the Trump Administration used the DPA 18 times to accelerate the delivery of COVID-19 therapeutics and related equipment. H.R. 1166 is designed to ensure that materials essential for national defense are covered by the DPA during a public health emergency. The bill also provides clarity when federal purchases may appear to conflict with certain state, local, or tribal deliveries. HEARING Pursuant to clause 3(c)(6) of rule XIII, the following hearing was used to develop H.R. 1166: The Committee on Financial Services held a hearing on February 7, 2023, titled ``Combatting the Economic Threat from China.'' COMMITTEE CONSIDERATION The Committee on Financial Services met in open session on February 28, 2023, and ordered H.R. 1166 to be reported favorably to the House as amended by a recorded vote of 30 ayes to 2 nays (Record vote no. FC-23), a quorum being present. Before the question was called to order the bill favorably reported, the Committee adopted an amendment in the nature of a substitute offered by Mr. Vargas by voice vote. COMMITTEE VOTES Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the order to report legislation and amendments thereto. H.R. 1166 was ordered reported favorably to the House as amended by a recorded vote of 30 ayes to 2 nays (Record vote no. FC-23), a quorum being present. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] COMMITTEE OVERSIGHT FINDINGS Pursuant to clause 3(c) of rule XIII of the Rules of the House of Representatives, the findings and recommendations of the Committee based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. PERFORMANCE GOALS AND OBJECTIVES Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the goal of H.R. 1166 is to require the identification of certain materials as scarce and critical during a public health emergency period. The bill would also authorize the prioritization of materials for the federal government to exclude state, local, or tribal purchases and creates an outreach representative position to work with the private sector. CONGRESSIONAL BUDGET OFFICE ESTIMATES Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House of Representatives, the following is the cost estimate provided by the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974: [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] During the coronavirus pandemic the Administration--through a series of executive orders--used authorities under the Defense Production Act of 1950 (DPA) to require businesses to prioritize performance and delivery on contracts and orders from the federal government.\1\ It also used the act's authorities to support manufacturing of medical supplies and vaccines, fund projects to expand domestic production of personal protective equipment (PPE), and partner with private companies to distribute PPE. --------------------------------------------------------------------------- \1\See, for example, ``America's Supply Chains,'' Executive Order 14017, 86 Fed. Reg. 11849 (February 24, 2021), https://tinyurl.com/ bdhmc8kc; ``A Sustainable Public Health Supply Chain,'' Executive Order 14001, 86 Fed. Reg. 7219 (January 21, 2021), https://tinyurl.com/ 2pa3b7af; ``Combating Public Health Emergencies and Strengthening National Security by Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States,'' Executive Order 13944, 85 Fed. Reg. 49929 (August 6, 2020), https:// tinyurl.com/yupmducj; ``Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources to Respond to the Spread of COVID-19,'' Executive Order 13911, 85 Fed. Reg. 18403 (March 27, 2020), https://tinyurl.com/mr2p7c56; and ``Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19,'' Executive Order 13909, 85 Fed. Reg. 16227 (March 18, 2020), https://tinyurl.com/bdehbd47. --------------------------------------------------------------------------- H.R. 1166 would amend the DPA to specifically incorporate some of the effects of those orders. The bill also would authorize the Federal Emergency Management Agency (FEMA) to appoint an outreach representative to work with industry during public health emergencies. FEMA and the Department of Health and Human Services established a position that fulfilled that requirement as part of the Supply Chain Stabilization Task Force, which manages critical shortages of PPE, ventilators, and pharmaceutical materials by coordinating with industry partners. Because H.R. 1166 would codify current practices, CBO estimates that implementing those provisions would not affect the federal budget. The bill also would require the Administration to report regularly to the Congress during public health emergencies, detailing its use of authorities under the DPA. On the basis of information about similar reports, CBO estimates that satisfying that requirement would cost less than $500,000 over the 2023-2028 period; any spending would be subject to the availability of appropriated funds. CBO has not reviewed H.R. 1166 for intergovernmental or private-sector mandates. Section 4 of the Unfunded Mandates Reform Act excludes from the application of that act any legislative provisions that are necessary for national security. CBO has determined that the provisions of the Defense Production Act of 1950, as amended by the bill, would fall under that exclusion. The CBO staff contacts for this estimate are Caroline Dorminey (for federal costs) and Brandon Lever (for mandates). The estimate was reviewed by Chad Chirico, Deputy Director of Budget Analysis. Phillip L. Swagel, Director, Congressional Budget Office. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1973. FEDERAL MANDATES STATEMENT Pursuant to section 423 of the Unfunded Mandates Reform Act of 1995, the Committee adopts as its own estimate the Federal mandates as prepared by the Director of the Congressional Budget Office. ADVISORY COMMITTEE STATEMENT No advisory committees within the meaning of section 5(b) of the Federal Advisory Committee Act were created by this legislation. APPLICABILITY TO LEGISLATIVE BRANCH The Committee finds that the legislation does not relate to the terms and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. EARMARK IDENTIFICATION Pursuant to clause 9 of rule XXI of the Rules of the House of Representatives, the Committee has carefully reviewed the provisions of the bill and states that the provisions of the bill do not contain any congressional earmarks, limited tax benefits, or limited tariff benefits within the meaning of the rule. DUPLICATION OF FEDERAL PROGRAMS Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House of Representatives, the Committee states that no provision of the bill establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, including any program that was included in a report to Congress pursuant to section 21 of the Public Law 111-139 or the most recent Catalog of Federal Domestic Assistance. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION Sec. 1: Short title This Act may be cited as the ``Public Health Emergency Medical Supplies Enhancement Act of 2023.'' Sec. 2: Public health emergencies This section would amend the Defense Production Act (50 U.S.C. Sec. 4501-4568) to identify certain materials as scarce and critical during an emergency period, as determined by Secretary of the Health and Human Services or the Secretary of Homeland Security. The bill also authorizes the prioritization of materials for the federal government to exclude state, local, or tribal purchases and creates an outreach representative position to work with the private sector. Sec. 3: Report on activities involving small business This section directs the President to issue a report on the authorities exercised and to provide briefings four months after the submission of the report. [all]

usgpo

2024-10-08T13:26:21.751257

BILLS

BILLS-118hr9523ih

Renewed Hope Act of 2024

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9523 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9523 To provide for the hiring and training of certain personnel at the Department of Homeland Security, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 10, 2024 Ms. Lee of Florida (for herself, Ms. Wasserman Schultz, Mr. Rutherford, and Mr. LaTurner) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide for the hiring and training of certain personnel at the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewed Hope Act of 2024''. SEC. 2. IMAGE AUDIO FORENSICS HIRING AND TRAINING PROGRAMS AT THE DEPARTMENT OF HOMELAND SECURITY. (a) Additional Personnel.--The Secretary of Homeland Security shall hire, train, and assign not fewer than-- (1) 40 forensics analysts to the Victim Identification Laboratory of the Child Exploitation Investigations Unit of Homeland Security Investigations; (2) 30 child exploitation investigators to the Victim Identification Laboratory of the Child Exploitation Investigations Unit of Homeland Security Investigations; and (3) 130 additional forensics analysts and child exploitation investigators to support identification and rescue of victims of child sexual exploitation and abuse at offices of the Special Agent in Charge of Homeland Security Investigations. (b) Employment of Experts and Consultants.--Section 890A of the Homeland Security Act of 2002 (6 U.S.C. 473) is amended-- (1) by redesignating subsection (g) as subsection (i); and (2) by inserting after subsection (f) the following: ``(g) Employment of Experts and Consultants.-- ``(1) In general.--In accordance with section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-15 of the General Schedule under section 5332 of such title, the Secretary may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants to provide image and audio forensic analysis related to victim identification to support efforts to identify, locate, and rescue children seen in abusive images and videos. ``(2) Placement.--The Secretary shall promulgate guidelines for assigning or detailing participants to positions at the Center, offices of the Special Agent in Charge, offices of the Resident Agent in Charge, and Attache offices.''. SEC. 3. DECONFLICTION OF CHILD SEXUAL EXPLOITATION AND ABUSE INVESTIGATIONS WITHIN THE DEPARTMENT OF HOMELAND SECURITY. Section 890A of the Homeland Security Act of 2002 (6 U.S.C. 473) is amended by inserting after subsection (a)(2) the following: ``(3) Coordination.--The Secretary shall, with the concurrence of the directors of affected agencies within the Department, establish joint procedures to deconflict, coordinate, and synchronize child sexual exploitation investigations with the Center.''. SEC. 4. VICTIM IDENTIFICATION TRAINING PROGRAM. (a) In General.--The Secretary of Homeland Security shall establish a Victim Identification Training Program (referred to in this section as the ``Program'') in the Cyber Crimes Center. (b) Program.--The Program shall provide training on new and advanced technology used to identify victims to-- (1) Homeland Security Investigations personnel; and (2) Federal, State, local, Tribal, military, and foreign law enforcement agency personnel engaged in the investigation of child sexual exploitation and abuse within their respective jurisdictions, upon request and subject to the availability of funds. (c) Functions.--The functions of the Program shall include-- (1) annual training for a minimum of 24 Homeland Security Investigations special agents and analysts focused on-- (A) training on the most current tools and techniques used in victim identification; and (B) training on the capabilities of the Victim Identification Laboratory; and (2) increasing personnel knowledge on how to conduct image, audio, and video enhancements. <all>

usgpo

2024-10-08T13:26:19.423168

BILLS

BILLS-118hr8506ih

Bring Jobs Home Act

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8506 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8506 To amend the Internal Revenue Code of 1986 to encourage domestic insourcing and discourage foreign outsourcing. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 22, 2024 Mr. Pascrell (for himself, Mr. Deluzio, and Mrs. Sykes) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to encourage domestic insourcing and discourage foreign outsourcing. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Jobs Home Act''. SEC. 2. CREDIT FOR INSOURCING EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45BB. CREDIT FOR INSOURCING EXPENSES. ``(a) In General.--For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). ``(b) Eligible Insourcing Expenses.--For purposes of this section-- ``(1) In general.--The term `eligible insourcing expenses' means-- ``(A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and ``(B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Eligible expenses.--The term `eligible expenses' means-- ``(A) any amount for which a deduction is allowed to the taxpayer under section 162, and ``(B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. ``(3) Business unit.--The term `business unit' means-- ``(A) any trade or business, and ``(B) any line of business, or functional unit, which is part of any trade or business. ``(4) Expanded affiliated group.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting `more than 50 percent' for `at least 80 percent' each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). ``(5) Expenses must be pursuant to insourcing plan.-- Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan approved by the board of directors or authorized officers to carry out the relocation described in paragraph (1). ``(6) Operating expenses not taken into account.--Any amount paid or incurred in connection with the ongoing operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. ``(c) Increased Domestic Employment Requirement.--No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)), determined by only taking into account wages (as otherwise defined in section 45R(e)) paid with respect to services performed within the United States. All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. ``(d) Credit Allowed Upon Completion of Insourcing Plan.-- ``(1) In general.--Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. ``(2) Election to apply employment test and claim credit in first full taxable year after completion of plan.--If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). ``(e) Possessions Treated as Part of the United States.--For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(f) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (40), by striking the period at the end of paragraph (41) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(42) the insourcing expenses credit determined under section 45BB(a).''. (c) Conforming Amendments.-- (1) Section 280C of such Code is amended by adding at the end the following new subsection: ``(i) Credit for Insourcing Expenses.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under section 45BB for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45BB(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45BB. Credit for insourcing expenses.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. (e) Application to United States Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall make periodic payments to the United States Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands in an amount equal to the loss to that possession by reason of section 45BB of the Internal Revenue Code of 1986. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions.--The Secretary of the Treasury shall make annual payments to the Commonwealth of Puerto Rico and American Samoa in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of each such possession by reason of section 45BB of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (2) Coordination with credit allowed against united states income taxes.--No credit shall be allowed against United States income taxes under section 45BB of such Code to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2). SEC. 3. DENIAL OF DEDUCTION FOR OUTSOURCING EXPENSES. (a) In General.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 280I. OUTSOURCING EXPENSES. ``(a) In General.--No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense. ``(b) Specified Outsourcing Expense.--For purposes of this section-- ``(1) In general.--The term `specified outsourcing expense' means-- ``(A) any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and ``(B) any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Application of certain definitions and rules.-- ``(A) Definitions.--For purposes of this section, the terms `eligible expenses', `business unit', and `expanded affiliated group' shall have the respective meanings given such terms by section 45BB(b). ``(B) Operating expenses not taken into account.--A rule similar to the rule of section 45BB(b)(6) shall apply for purposes of this section. ``(c) Special Rules.-- ``(1) Application to deductions for depreciation and amortization.--In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable. ``(2) Possessions treated as part of the united states.-- For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(d) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States.''. (b) Limitation on Subpart F Income of Controlled Foreign Corporations Determined Without Regard to Specified Outsourcing Expenses.--Section 952(c) of such Code is amended by adding at the end the following new paragraph: ``(4) Earnings and profits determined without regard to specified outsourcing expenses.--For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)).''. (c) Clerical Amendment.--The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 280I. Outsourcing expenses.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 4. REINSTATEMENT OF DEDUCTION FOR MOVING EXPENSES. (a) In General.--Section 217 of the Internal Revenue Code of 1986 is amended by striking subsection (k). (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. <all>

usgpo

2024-10-08T13:26:48.673712

BILLS

BILLS-118s4450is

Educational and Career Opportunities for Public Safety Act of 2024; EdCOPS Act of 2024

United States Congress Senate

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4450 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2nd Session S. 4450 To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide education assistance to public safety officers, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 4, 2024 Mr. Kelly (for himself and Mr. Hawley) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide education assistance to public safety officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational and Career Opportunities for Public Safety Act of 2024'' or the ``EdCOPS Act of 2024''. SEC. 2. PUBLIC SAFETY OFFICER EDUCATION ASSISTANCE PROGRAM. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following: ``PART PP--PUBLIC SAFETY OFFICER EDUCATION ASSISTANCE PROGRAM ``SEC. 3061. PURPOSE. ``The purpose of this part is to improve recruitment and retention of public safety officers employed by State, local, tribal, and regional law enforcement agencies by providing assistance for the pursuit of a program of higher education. ``SEC. 3062. DEFINITIONS. ``In this part: ``(1) Child.--The term `child' means a natural, illegitimate, or adopted child or stepchild of an eligible public safety officer. ``(2) Educational institution; program of education.--The terms `educational institution' and `program of education' have the meanings given the terms in section 1217. ``(3) Eligible public safety officer.--The term `eligible public safety officer' means a public safety officer that-- ``(A) has served as a public safety officer for not less than 8 years for a single employer prior to the date of submission of an application under section 3064; and ``(B) commits to serving as a public safety officer with the employer described in subparagraph (A) during the 4-year period following the date of submission of an application under section 3064. ``(4) Public safety officer.--The term `public safety officer' has the meaning given the term in section 1204. ``SEC. 3063. BASIC ELIGIBILITY. ``(a) Benefits.-- ``(1) In general.--The Attorney General shall provide financial assistance to a person who attends a program of education and is-- ``(A) an eligible public safety officer; or ``(B) a child of an eligible public safety officer to whom an eligible public safety officer transfers eligibility for financial assistance in accordance with paragraph (4)(A). ``(2) Form and amount.--Except as provided in paragraph (3), financial assistance under this part shall-- ``(A) consist of direct payments to a person described in paragraph (1); and ``(B) be computed on the basis set forth in section 3532 of title 38, United States Code. ``(3) Reduction.--The financial assistance referred to in paragraph (2) shall be reduced by the amount, if any, determined under section 3065(b). ``(4) Transfer of assistance.-- ``(A) In general.--An eligible public safety officer may elect to transfer eligibility for part or all of the financial assistance for which the eligible public safety officer is eligible under this part to an individual described in paragraph (1)(B). ``(B) Approval.--An eligible public safety officer shall approve the receipt of financial assistance under this part by a person who is not the eligible public safety officer. ``(b) Duration of Benefits.--The Attorney General may not provide financial assistance under this part to a person for a period in excess of 45 months of full-time education or training or a proportional period of time for a part-time program. ``(c) Age Limitation for Children.--The Attorney General may not provide financial assistance under this part to a child of an eligible public safety officer after the date of the 27th birthday of the child. ``SEC. 3064. APPLICATIONS; APPROVAL. ``(a) Application.--A person seeking assistance under this part shall submit to the Attorney General an application in such form and containing such information as the Attorney General reasonably may require. ``(b) Approval.--The Attorney General shall approve an application for assistance under this part unless the Attorney General finds that-- ``(1) the person is not eligible for, is no longer eligible for, or is not entitled to the assistance for which application is made; ``(2) the person's selected educational institution fails to meet a requirement established in a regulation implementing this part for eligibility; ``(3) the person's enrollment in or pursuit of the educational program selected would fail to meet the criteria in a regulation implementing this part for programs; or ``(4) the person already is qualified by previous education or training for the educational, professional, or vocational objective for which the educational program is offered. ``(c) Notification.--The Attorney General shall notify a person applying for assistance under this part of approval or disapproval of the application in writing. ``SEC. 3065. REGULATIONS. ``(a) In General.--The Attorney General may promulgate reasonable and necessary regulations to implement this part. ``(b) Sliding Scale.--Notwithstanding section 3064(b), the Attorney General shall issue regulations regarding the use of a sliding scale based on financial need to ensure that a person eligible to receive financial assistance under this part who is in financial need receives priority in receiving funds under this part. ``SEC. 3066. DISCONTINUATION FOR UNSATISFACTORY CONDUCT OR PROGRESS. ``The Attorney General may discontinue assistance under this part to a person if the Attorney General finds that, according to the regularly prescribed standards and practices of an educational institution attended by the person, the person fails to maintain satisfactory progress as described in section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)). ``SEC. 3067. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary.''. <all>

usgpo

2024-10-08T13:27:53.664082

BILLS

BILLS-118s2866rs

Improving Government Services Act

United States Congress Senate

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 2866 Reported in Senate (RS)] <DOC> Calendar No. 496 118th CONGRESS 2d Session S. 2866 [Report No. 118-217] To improve the customer experience of the Federal Government, ensure that Federal services are simple, seamless, and secure, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES September 20, 2023 Mr. Peters (for himself, Mr. Lankford, Mr. Cornyn, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs September 10, 2024 Reported by Mr. Peters, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ A BILL To improve the customer experience of the Federal Government, ensure that Federal services are simple, seamless, and secure, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Improving Government Services Act''.</DELETED> <DELETED>SEC. 2. DEFINITIONS.</DELETED> <DELETED> In this Act:</DELETED> <DELETED> (1) Agency.--The term ``agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code.</DELETED> <DELETED> (2) Customer.--The term ``customer'' means any individual, business, or organization, including a grantee and a State, local, or Tribal entity, that interacts with an agency or program, either directly or through a federally funded program administered by a contractor, nonprofit organization, or other Federal entity.</DELETED> <DELETED> (3) Customer experience.--The term ``customer experience'' means, with respect to a member of the public, the general perception of and the overall satisfaction with interactions with an agency or a product or service of the agency.</DELETED> <DELETED> (4) CX action plan.--The term ``CX Action Plan'' means the annual customer experience action plan described in section 3.</DELETED> <DELETED> (5) Designated entity.--The term ``designated entity'' means an agency or high-impact service provider designated by the Director under section 3(a).</DELETED> <DELETED> (6) Director.--The term ``Director'' means the Director of the Office of Management and Budget.</DELETED> <DELETED> (7) High-impact service provider.--The term ``high-impact service provider'' means a Federal entity, as designated by the Director, that provides or funds customer- facing services, including Federal services administered at the State or local level, that have a high impact on the public, whether because of a large customer base or a critical effect on those served.</DELETED> <DELETED> (8) Human-centered design.--The term ``human- centered design'' means an interdisciplinary methodology of putting individuals, including those who will use or be impacted by a product or service, at the center of any process to solve challenging problems.</DELETED> <DELETED> (9) Service delivery.--The term ``service delivery'' means any actions by the Federal Government relating to the provision of a benefit or service to a customer of an agency during each stage of the process of delivering the benefit or service to the customer, including--</DELETED> <DELETED> (A) an application, renewal, or extension by a customer for a benefit or loan, including health services for veterans and a small business loan;</DELETED> <DELETED> (B) receipt by a customer of a service, including--</DELETED> <DELETED> (i) health care or small business counseling; and</DELETED> <DELETED> (ii) guidance to support commerce, transportation, employment rules, workplace safety, or public safety, including relating to ensuring clean water and consumer protection services;</DELETED> <DELETED> (C) a request or renewal by a customer for a document or other item, including a passport, driver's license, or Social Security card;</DELETED> <DELETED> (D) a submission by a customer of a Federal tax return;</DELETED> <DELETED> (E) a declaration of goods by a customer;</DELETED> <DELETED> (F) use by a customer of recreation resources and public spaces, including a park, historical site, or museum;</DELETED> <DELETED> (G) a request by a customer for information, including a notice, warning, or guidance about public health, safety, consumer protection, commerce, transportation, environment, employment, and workplace safety; and</DELETED> <DELETED> (H) a request by a customer for, or use by a customer of, data and research, including for applying for funding, conducting research, maintaining and preserving artifacts, and collecting, analyzing, reporting, and sharing data.</DELETED> <DELETED> (10) Voluntary customer feedback.--The term ``voluntary customer feedback'' means the submission by a customer of information, an opinion, appreciation, or a concern following an interaction with an agency and relating to the interaction with the agency that is--</DELETED> <DELETED> (A) solicited by the agency and identified as voluntary at the time of solicitation; and</DELETED> <DELETED> (B) is voluntarily made by the customer.</DELETED> <DELETED>SEC. 3. COMPREHENSIVE CUSTOMER EXPERIENCE ACTION PLAN.</DELETED> <DELETED> (a) In General.--</DELETED> <DELETED> (1) Designation.--Not later than 1 year after the date of enactment of this Act, the Director shall designate agencies and high-impact service providers to develop an annual customer experience action plan.</DELETED> <DELETED> (2) Submission of cx action plans.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, at a time determined by the Director, the head of each designated entity shall submit to the Director and to Congress and make publicly available the CX Action Plan of the designated entity.</DELETED> <DELETED> (b) CX Action Plan Contents.--The CX Action Plan of a designated entity shall include--</DELETED> <DELETED> (1) a comprehensive customer experience strategy and corresponding implementation actions that adopt leading human-centered design practices that include--</DELETED> <DELETED> (A) conducting outreach to the public about the public services provided by the designated entity;</DELETED> <DELETED> (B) providing assistance to members of the public enrolling in or navigating the services of the designated entity;</DELETED> <DELETED> (C) streamlining and improving the accessibility of forms and digital experiences and ensuring the accessibility of services for customers with disabilities or limited English proficiency;</DELETED> <DELETED> (D) eliminating unnecessary administrative burdens on customers;</DELETED> <DELETED> (E) engaging in efforts to coordinate with other agencies to reduce the need for customers served by the designated entity to interact separately with multiple agencies;</DELETED> <DELETED> (F) preventing fraud and improving fraud and spam reporting capabilities; and</DELETED> <DELETED> (G) incorporating best practices from the private sector, including providing online services, telephone call-back services, and training to employees who provide customer service;</DELETED> <DELETED> (2) information on the average amount of time it takes the designated entity to resolve a customer request and an identification and assessment of any backlog issues for key designated entity services, including the resolution of requests for passport services, veteran records, determinations of Social Security benefits, the processing of applications for Federal retirement benefits, and other similar services;</DELETED> <DELETED> (3) an assessment of opportunities for the designated entity to--</DELETED> <DELETED> (A) co-locate the services of the designated entity with other Federal services, where appropriate and in response to demonstrated customer needs;</DELETED> <DELETED> (B) increase the use of digital channels and self-service options, while ensuring efficient multi-channel offerings, in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note); and</DELETED> <DELETED> (C) increase the quantity and improve the quality of protections for personally identifiable information in customer data;</DELETED> <DELETED> (4) actions to build the capacity of the designated entity to deliver leading services and manage customer experience, including updating guidance and training materials for employees of the designated entity;</DELETED> <DELETED> (5) specific proposals to improve customer experience and service delivery, including--</DELETED> <DELETED> (A) progress on the delivery of the CX Action Plan of the fiscal year in which the CX Action plan is submitted against the commitments of the CX Action Plan of the prior fiscal year, including the performance of priority services (including wait and processing times, customer feedback, and the information described in paragraph (3)); and</DELETED> <DELETED> (B) plans for the fiscal year following the submission of the CX Action Plan; and</DELETED> <DELETED> (6) the medium- and long-term customer experience strategies of the designated entity, including--</DELETED> <DELETED> (A) plans for the period of 3 to 5 fiscal years following the fiscal year of the submission of the CX Action Plan; and</DELETED> <DELETED> (B) plans for the period of 5 to 10 fiscal years following the fiscal year of the submission of the CX Action Plan.</DELETED> <DELETED> (c) Existing Guidance.--In developing the CX Action Plan, each designated entity shall adhere to existing and additional guidance provided by the Director.</DELETED> <DELETED>SEC. 4. OVERSIGHT AND ANNUAL REPORT.</DELETED> <DELETED> (a) In General.--The Director shall--</DELETED> <DELETED> (1) ensure designated entity compliance with this Act;</DELETED> <DELETED> (2) facilitate sharing of leading practices between designated entities; and</DELETED> <DELETED> (3) review the comprehensive CX Action Plans of designated entities for consistency with existing customer experience guidance.</DELETED> <DELETED> (b) Annual Report.--Not later than 180 days after the submission of all CX Action Plans under section 3(a), and annually thereafter, the Director shall make public recommendations for opportunities to streamline or co-locate critical Federal services.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Government Services Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code. (2) Customer.--The term ``customer'' means any individual, business, or organization, including a grantee and a State, local, or Tribal entity, that interacts with an agency or program, either directly or through a federally funded program administered by a contractor, nonprofit organization, or other Federal entity. (3) Customer experience.--The term ``customer experience'' means, with respect to a member of the public, the general perception of and the overall satisfaction with interactions with an agency or a product or service of the agency. (4) CX action plan.--The term ``CX Action Plan'' means the annual customer experience action plan described in section 3. (5) Designated entity.--The term ``designated entity'' means an agency or high-impact service provider designated by the Director under section 3(a)(1). (6) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (7) High-impact service provider.--The term ``high-impact service provider'' means a Federal entity, as designated by the Director, that provides or funds customer-facing services, including Federal services administered at the State or local level, that have a high impact on the public, whether because of a large customer base or a critical effect on those served. (8) Human-centered design.--The term ``human-centered design'' means an interdisciplinary methodology of putting individuals, including those who will use or be impacted by a product or service, at the center of any process to solve challenging problems. (9) Service delivery.--The term ``service delivery'' means any actions by the Federal Government relating to the provision of a benefit or service to a customer of an agency during each stage of the process of delivering the benefit or service to the customer, including-- (A) an application, renewal, or extension by a customer for a benefit or loan, including health services for veterans and a small business loan; (B) receipt by a customer of a service, including-- (i) health care or small business counseling; and (ii) guidance to support commerce, transportation, employment rules, workplace safety, or public safety, including relating to ensuring clean water and consumer protection services; (C) a request or renewal by a customer for a document or other item, including a passport, driver's license, or Social Security card; (D) a submission by a customer of a Federal tax return; (E) a declaration of goods by a customer; (F) use by a customer of recreation resources and public spaces, including a park, historical site, or museum; (G) a request by a customer for information, including a notice, warning, or guidance about public health, safety, consumer protection, commerce, transportation, environment, employment, and workplace safety; and (H) a request by a customer for, or use by a customer of, data and research, including for applying for funding, conducting research, maintaining and preserving artifacts, and collecting, analyzing, reporting, and sharing data. (10) Voluntary customer feedback.--The term ``voluntary customer feedback'' means the submission by a customer of information, an opinion, appreciation, or a concern following an interaction with an agency and relating to the interaction with the agency that is-- (A) solicited by the agency and identified as voluntary at the time of solicitation; and (B) is voluntarily made by the customer. SEC. 3. COMPREHENSIVE CUSTOMER EXPERIENCE ACTION PLAN. (a) In General.-- (1) Designation.--Not later than 1 year after the date of enactment of this Act, the Director shall designate agencies and high-impact service providers to develop an annual customer experience action plan. (2) Submission of cx action plans.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, at a time determined by the Director, the head of each designated entity shall submit to the Director and to Congress and make publicly available the CX Action Plan of the designated entity. (b) CX Action Plan Contents.--The CX Action Plan of a designated entity shall include-- (1) a comprehensive customer experience strategy and corresponding implementation actions that adopt leading human- centered design practices that include-- (A) conducting outreach to the public about the public services provided by the designated entity; (B) providing assistance to members of the public enrolling in or navigating the services of the designated entity; (C) streamlining and improving the accessibility of forms and digital experiences and ensuring the accessibility of services for customers with disabilities or limited English proficiency; (D) eliminating unnecessary administrative burdens on customers; (E) engaging in efforts to coordinate with other agencies to reduce the need for customers served by the designated entity to interact separately with multiple agencies; (F) preventing fraud and improving fraud and spam reporting capabilities; (G) providing affirmative notice to customers at the time of any interaction with a computer program designed to simulate conversation with human users, including through emails, phone calls, and chatbots; and (H) incorporating best practices from the private sector, including providing online services, telephone call-back services, and training to employees who provide customer service; (2) information on the average amount of time it takes the designated entity to resolve a customer request and an identification and assessment of any backlog issues for key designated entity services, including the resolution of requests for passport services, veteran records, determinations of Social Security benefits, the processing of applications for Federal retirement benefits, and other similar services, as well as information on how the results of these customer service metrics compare to the results in previous years; (3) an assessment of opportunities for the designated entity to-- (A) co-locate the services of the designated entity with other Federal services, where appropriate and in response to demonstrated customer needs; (B) increase the use of digital channels and self- service options, while ensuring efficient multi-channel offerings, in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note); and (C) increase the quantity and improve the quality of protections for personally identifiable information in customer data; (4) actions to build the capacity of the designated entity to deliver leading services and manage customer experience, including updating guidance and training materials for employees of the designated entity; (5) specific proposals to improve customer experience and service delivery, including-- (A) progress on the delivery of the CX Action Plan of the fiscal year in which the CX Action plan is submitted against the commitments of the CX Action Plan of the prior fiscal year, including the performance of priority services (including wait and processing times, customer feedback, and the information described in paragraph (3)); and (B) plans for the fiscal year following the submission of the CX Action Plan; and (6) the medium-term and long-term customer experience strategies of the designated entity, including-- (A) plans for the period of 3 to 5 fiscal years following the fiscal year of the submission of the CX Action Plan; and (B) plans for the period of 5 to 10 fiscal years following the fiscal year of the submission of the CX Action Plan. (c) Existing Guidance.--In developing the CX Action Plan, each designated entity shall adhere to existing and additional guidance provided by the Director. SEC. 4. OVERSIGHT AND ANNUAL REPORT. (a) In General.--The Director shall-- (1) ensure the compliance of designated entities with this Act; (2) facilitate sharing of leading practices between designated entities; and (3) review the comprehensive CX Action Plans of designated entities for consistency with existing customer experience guidance. (b) Annual Report.--Not later than 180 days after the submission of all CX Action Plans under section 3(a)(2), and annually thereafter, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives and make public recommendations for opportunities to streamline or co-locate critical Federal services. Calendar No. 496 118th CONGRESS 2d Session S. 2866 [Report No. 118-217] _______________________________________________________________________ A BILL To improve the customer experience of the Federal Government, ensure that Federal services are simple, seamless, and secure, and for other purposes. _______________________________________________________________________ September 10, 2024 Reported with an amendment

usgpo

2024-10-08T13:26:17.265927

BILLS

BILLS-118s4926is

Affordable Future Loan Program Act of 2024

United States Congress Senate

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4926 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4926 To establish a new Guaranteed Student Loan Program. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES August 1, 2024 Mr. Rounds introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To establish a new Guaranteed Student Loan Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Future Loan Program Act of 2024''. SEC. 2. GOVERNMENT GUARANTEED STUDENT LOAN PROGRAM. At the end of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), add the following: ``PART J--GUARANTEED STUDENT LOAN PROGRAM ``SEC. 499A. STATEMENT OF PURPOSE; NONDISCRIMINATION; APPROPRIATIONS AUTHORIZED. ``(a) Purpose; Discrimination Prohibited.-- ``(1) Purpose.--The purpose of this part is to enable the Secretary-- ``(A) to pay a portion of the interest on loans to qualified students that are guaranteed under this part; and ``(B) to guarantee a portion of each loan under this part. ``(2) Discrimination by creditors prohibited.--No agency, organization, institution, bank, credit union, corporation, or other lender who regularly extends, renews, or continues credit under this part shall exclude from receipt or deny the benefits of, or discriminate against any borrower or applicant in obtaining, such credit on the basis of-- ``(A) race, national origin, religion, sex, marital status, age, or disability status; ``(B) the type or category of institution of higher education that the borrower or applicant attends or attended; ``(C) the degree or program of study of the borrower or applicant; or ``(D) the creditworthiness of the borrower or applicant. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part such sums as may be necessary for the period of fiscal years 2025 through 2029. ``(c) Designation.--The program established under this part shall be referred to as the `Affordable Future Loan Program'. Loans made pursuant to this part shall be known as `Affordable Future loans'. ``SEC. 499A-1. PROGRAM AUTHORITY. ``The Secretary shall implement the Affordable Future Loan Program, through which the Secretary shall-- ``(1) pay an eligible lender 98 percent of the amount of principal and interest due on each defaulted eligible loan that is issued under this part by an eligible lender; ``(2) reimburse an eligible lender for amounts of subsidized interest under this part; and ``(3) ensure that only eligible lenders that issue loans in accordance with this part receive the guarantee funds described in paragraph (1) and the reimbursement described in paragraph (2). ``SEC. 499A-2. ELIGIBLE LENDERS AND ELIGIBLE LOANS. ``(a) Eligible Lender.--For purposes of this part an eligible lender is an eligible lender as described in subparagraphs (A) through (D), (I), and (K) of section 435(d)(1), except that references to 'this part' or references to other sections in part B in such subsection shall be construed to mean this part rather than part B or any section of part B. ``(b) Eligible Loan.-- ``(1) In general.--An eligible loan is a loan issued under this part on or after the date of enactment of the Affordable Future Loan Program Act of 2024 to an undergraduate student who is otherwise eligible under section 484, who meets the requirements of paragraph (2), and who is enrolled or will be enrolled at an eligible institution of higher education, to enable such student to pursue the student's courses of study at such institution. ``(2) Federal loans.--A student who desires to apply for a loan under this part and is otherwise eligible to do so, may not apply for such loan until the student-- ``(A) has applied for, and received a determination notice about, financial assistance under subpart 1 of part A and part D for the applicable period of study; or ``(B) states that the student elects not to apply for financial assistance under subpart 1 of part A and part D for the applicable period of study. ``SEC. 499A-3. AGREEMENTS WITH ELIGIBLE LENDERS. ``(a) Participation Agreements.--An agreement with an eligible lender for participation in the program under this part shall-- ``(1) provide that an eligible lender will offer the maximum amount of eligible loans under this part to any undergraduate student for attendance at an eligible institution of higher education; ``(2) provide that the eligible lender accepts responsibility and financial liability stemming from its failure to perform its functions pursuant to the agreement; ``(3) provide for the implementation of a quality assurance system, as established by the Secretary and developed in consultation with eligible lenders, to ensure that the eligible lender is complying with program requirements and meeting program objectives; ``(4) provide that an eligible lender will comply with the requirements of subsection (c); ``(5) provide that the funds borrowed by a student are disbursed to the institution by check or other means that is payable to and requires the endorsement or other certification by such student, except-- ``(A) that nothing in this section shall be interpreted-- ``(i) to allow the Secretary to require checks to be made copayable to the institution and the borrower; or ``(ii) to prohibit the disbursement of loan proceeds by means other than by check; and ``(B) in the case of any student who is studying outside the United States in a program of study abroad that is approved for credit by the home institution at which such student is enrolled, the funds shall, at the request of the borrower, be delivered directly to the student and the checks may be endorsed, and fund transfers authorized, pursuant to an authorized power- of-attorney; ``(6) provide that funds will be disbursed in a manner that ensures that any Federal Pell Grant funds, any Federal Direct Loan funds, and any State or institutional grant or scholarship funds awarded to the borrower are disbursed prior to disbursement of any funds from a loan under this part; and ``(7) provide that the funds borrowed by a student are otherwise disbursed in accordance with section 428G. ``(b) Withdrawal and Termination Procedures.--The Secretary shall establish procedures by which eligible lenders may withdraw or be terminated from the program under this part. ``(c) Submission of Statements by Holders on Amount of Payment.-- Each holder of an eligible loan under this part, with respect to which payments of interest are required to be made by the Secretary, shall submit to the Secretary, at such time or times and in such manner as the Secretary may prescribe, statements containing such information as may be required by or pursuant to regulation for the purpose of enabling the Secretary to determine the amount of the payment which the Secretary must make with respect to that loan. ``SEC. 499A-4. PAYMENT OF LOAN GUARANTEE FOR DEFAULTED LOANS. ``(a) Notice to Secretary and Payment of Loss.--Upon default by the student borrower on any eligible loan under this part, and prior to the commencement of suit or other enforcement proceedings upon security for that loan, the insurance beneficiary shall promptly notify the Secretary, and the Secretary shall if requested (at that time or after further collection efforts) by the beneficiary, or may on the Secretary's own motion, if the insurance is still in effect, pay to the beneficiary 96 percent of the amount of the loss sustained by the insured upon that loan as soon as that amount has been determined. ``(b) Amount of Loss.--The `amount of the loss' on any loan shall, for the purposes of this subsection and subsection (e), be deemed to be an amount equal to the unpaid balance of the principal amount and accrued interest, including interest accruing from the date of submission of a valid default claim (as determined by the Secretary) to the date on which payment is authorized by the Secretary, except that such amount may be reduced based on default rate in a manner similar to the reductions described in section 425(b). ``(c) Due Diligence.--Such beneficiary shall be required to meet the standards of due diligence in the collection of the loan and shall be required to submit proof that the institution was contacted and other reasonable attempts were made to locate the borrower (when the location of the borrower is unknown) and proof that contact was made with the borrower (when the location is known). ``(d) Timing of Determination.--The Secretary shall make the determination required to carry out the provisions of this section not later than 90 days after the notification by the insurance beneficiary and shall make payment in full on the amount of the beneficiary's loss pending completion of the due diligence investigation. ``(e) Effect of Payment of Loss.--Upon payment of the amount of the loss pursuant to subsection (a), the United States shall be subrogated for all of the rights of the holder of the obligation upon the insured loan and shall be entitled to an assignment of the note or other evidence of the insured loan by the insurance beneficiary. The Secretary may, in attempting to make recovery on such loans, contract with private business concerns, State student loan insurance agencies, or State guaranty agencies, for payment for services rendered by such concerns or agencies in assisting the Secretary in making such recovery. Any contract under this subsection entered into by the Secretary shall provide that attempts to make recovery on such loans shall be fair and reasonable, and do not involve harassment, intimidation, false or misleading representations, or unnecessary communications concerning the existence of any such loan to persons other than the student borrower. ``(f) Forbearance Not Precluded.--Nothing in this section or in this part shall be construed to preclude any forbearance for the benefit of the student borrower which may be agreed upon by the parties to the insured loan and approved by the Secretary, or to preclude forbearance by the Secretary in the enforcement of the insured obligation after payment on that insurance. Any forbearance which is approved by the Secretary under this subsection with respect to the repayment of a loan, including a forbearance during default, shall not be considered as indicating that a holder of a federally insured loan has failed to exercise reasonable care and due diligence in the collection of the loan. ``(g) Care and Diligence Required of Holders.--Nothing in this section or in this part shall be construed to excuse the holder of a federally insured loan from exercising reasonable care and diligence in the making and collection of loans under the provisions of this part. If the Secretary, after a reasonable notice and opportunity for hearing to an eligible lender, finds that it has substantially failed to exercise such care and diligence or to make the reports and statements required under section 499A-3(c), the Secretary shall disqualify that lender for further Federal insurance on loans granted pursuant to this part until the Secretary is satisfied that its failure has ceased and finds that there is reasonable assurance that the lender will in the future exercise necessary care and diligence or comply with such requirements, as the case may be. ``(h) Reports to Consumer Reporting Agencies and Institutions of Higher Education.--For the purpose of promoting responsible repayment of loans under this part, the Secretary and each eligible lender and subsequent holder shall enter into an agreement with each consumer reporting agency to exchange information concerning student borrowers in the same manner as such agreements are made under section 430A. ``SEC. 499A-5. PURCHASE OF LOANS SOLD IN SECONDARY MARKET. ``(a) In General.--Loans under this part may be sold in the secondary market to another eligible lender. ``(b) Servicing and Liquidation.--When an eligible lender has sold the guaranteed portion of a loan in the secondary market, the loan holder must perform all necessary servicing and liquidation actions for such loan. ``(c) Status Report.--In the event that the Secretary purchases its guaranteed portion of such a loan from the holder of the loan, the loan holder shall provide the Secretary with a loan status report within 15 business days of such purchase. This report shall include a status report on the borrower and plans for any type of loan workout or loan restructuring. The report shall accompany requested documentation that the Secretary determines is sufficient to be able to review the loan holder's administration of the loan. Failure to provide requested documentation to the Secretary may lead to initiation of an action for recovery from the loan holder of all or some of the amounts the Secretary paid to the holder of the loan on a guarantee. ``(d) Further Evaluation.--The Secretary shall evaluate the eligible lender's continued participation in the secondary market and may restrict further sale of guaranteed portions into the secondary market until the Secretary determines that the eligible lender has provided sufficient documentation for purchases. ``SEC. 499A-6. DEFAULT REDUCTION PROGRAM. ``(a) Other Repayment Incentives.-- ``(1) Sale or assignment of loan.-- ``(A) In general.--The Secretary, upon securing 9 payments made within 20 days of the due date during 10 consecutive months of amounts owed on a loan for which the Secretary has made a payment under this section, shall, if practicable, sell the loan to another eligible lender. ``(B) Monthly payments.--The Secretary shall not demand from a borrower as monthly payment amounts described in subparagraph (A) more than is reasonable and affordable based on the borrower's total financial circumstances, except such monthly payment amount shall not be less than $5. ``(C) Consumer reporting agencies.--Upon the sale or assignment of the loan, the Secretary shall request any consumer reporting agency to which the Secretary or holder, as applicable, reported the default of the loan, to remove the record of the default from the borrower's credit history. ``(D) Eligible lender limitation.--A loan shall not be sold to an eligible lender under subparagraph (A) if such lender has been found by the Secretary to have substantially failed to exercise the due diligence required of lenders under this part. ``(E) Default due to error.--A loan that does not meet the requirements of subparagraph (A) may also be eligible for sale or assignment under this paragraph upon a determination that the loan was in default due to clerical or data processing error and would not, in the absence of such error, be in a delinquent status. ``(2) Borrower eligibility.--Any borrower whose loan is sold under paragraph (1)(A) shall not be precluded by section 484 from receiving additional loans or grants under this title (for which he or she is otherwise eligible) on the basis of defaulting on the loan prior to such loan sale. ``(3) Applicability of general loan conditions.--A loan that is sold under paragraph (1)(A) shall, so long as the borrower continues to make scheduled repayments thereon, be subject to the same terms and conditions and qualify for the same benefits and privileges as other loans made under this part. ``(4) Limitation.--A borrower may obtain the benefits available under this subsection with respect to rehabilitating a loan (whether by loan sale or assignment) not more than 2 times per loan. ``(b) Satisfactory Repayment Arrangements To Renew Eligibility.-- The Secretary shall establish a program which allows a borrower with a defaulted loan or loans to renew eligibility for all title IV student financial assistance (regardless of whether the defaulted loan has been sold to an eligible lender or assigned to the Secretary) upon the borrower's payment of 6 consecutive monthly payments. The loan holder shall not demand from a borrower as a monthly payment amount under this subsection more than is reasonable and affordable based upon the borrower's total financial circumstances. A borrower may only obtain the benefit of this subsection with respect to renewed eligibility once. ``(c) Financial and Economic Literacy.--Each program described in subsection (b) shall include making available financial and economic education materials for a borrower who has rehabilitated a loan. ``SEC. 499A-7. TERMS AND CONDITIONS OF LOANS. ``(a) Eligibility; Maximum Aid.-- ``(1) Eligibility.--A student's amount of need for a loan under this part shall be based solely on the student's estimated cost of attendance and estimated financial assistance, including other assistance through a Federal Pell Grant or a Federal Direct Loan under this title or any State or institutional grant or scholarship funds awarded to the student. An expected family contribution or student aid index shall not be considered. ``(2) Maximum aid.-- ``(A) In general.--Subject to subparagraph (B), the maximum dollar amount of financial assistance provided annually under this part to a student shall not exceed an amount equal to-- ``(i) the cost of attendance for such student; minus ``(ii) the total amount of-- ``(I) other financial assistance not received under this title (as defined in section 480(i)); and ``(II) other financial assistance received under this title, including a Federal Pell Grant or a Federal Direct Loan. ``(B) Limitation.--A loan under this part shall not exceed an amount equal to-- ``(i) $19,000 adjusted annually according to the estimated percentage change in the Consumer Price Index (as determined by the Secretary, using the definition in section 478(f)) for the most recent calendar year ending prior to the beginning of that award year; minus ``(ii) the amount described in subclause (II) of subparagraph (A)(ii). ``(b) Interest Rate.-- ``(1) Rates for borrowers not in repayment status.--In the case of a borrower who is not in repayment status, for an Affordable Future Loan for which the first disbursement is made on or after July 1, 2025, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of-- ``(A) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 1 percent; or ``(B) 6.28 percent. ``(2) Rates for borrowers in repayment status.--In the case of a borrower who is in repayment status, for an Affordable Future Loan for which the first disbursement is made on or after July 1, 2025, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of-- ``(A) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 2 percent; or ``(B) 6.28 percent. ``(3) Publication.--The Secretary shall determine the applicable rates of interest under this subsection after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination, but before June 1 preceding the award year. ``(4) Subsidized interest.--The amount of interest for a loan under this part shall be paid by the Secretary to the eligible lender on behalf of the borrower only during the period of time that the borrower is not in repayment status. ``(5) Not in repayment status.--In this section the term `not in repayment status' means any period of time described in subparagraphs (A), (C), or (D) of subsection (e)(2). ``(c) Loan Fee.--Each eligible lender under this part may charge the borrower an origination fee in an amount not to exceed 1.0 percent of the principal amount of the loan, to be deducted proportionately from each installment payment of the proceeds of the loan prior to payment to the borrower. A lender that charges an origination fee under this paragraph shall assess the same fee to all student borrowers. ``(d) Repayment Plans.-- ``(1) Design and selection.--Consistent with criteria established by the Secretary, a borrower of a loan made under this part shall be offered 2 repayment plans for such loan. The borrower shall be entitled to accelerate, without penalty, repayment on the borrower's loans under this part. The borrower may choose-- ``(A) a 15-year fixed installment repayment plan; or ``(B) the income driven repayment plan described in paragraph (2). ``(2) Income driven repayment plan.-- ``(A) In general.--Under the income-driven repayment plan under this subsection the borrower's aggregate monthly payment for loans under this part shall be equal to the income-driven calculation, divided by 12. ``(B) Discretionary income.--The term `discretionary income' means the amount by which a borrower's (and the borrower's spouse, if applicable) annual adjusted gross income exceeds 150 percent of the poverty line applicable to the borrower's family size. ``(C) Discretionary income bend point.--The term `discretionary income bend point' means $25,000, adjusted annually for inflation as determined by the Consumer Price Index (as such term is defined in section 478(f)) for the previous calendar year. ``(D) Income-driven calculation.-- ``(i) In general.--The term `income-driven calculation', when used with respect to a borrower, means the annual amount due on the total amount of loans under this part, which annual amount is equivalent to-- ``(I) 10 percent of the borrower's discretionary income that is less than the discretionary income bend point, plus ``(II) 15 percent of the borrower's discretionary income that is equal to or greater than the discretionary income bend point. ``(ii) Annual calculation.--The calculation under clause (i) shall be determined on an annual basis for the duration of the repayment period. ``(3) Selection by lender.--If a borrower of a loan made under this part does not select a repayment plan described in paragraph (1), the eligible lender shall provide the borrower with a repayment plan described in subparagraph (A) of paragraph (1). ``(4) Changes in selections.--The borrower of a loan made under this part may change the borrower's selection of a repayment plan under paragraph (1), or the eligible lender's selection of the plan for the borrower under paragraph (3), as the case may be, without penalty or subject to additional fees, except that such borrower shall remain in a selected repayment plan for not less than 6 months. ``(5) Alternative repayment plans.--The lender may provide, on a case by case basis, an alternative repayment plan to a borrower of a loan made under this part who demonstrates to the satisfaction of the lender that the terms and conditions of the repayment plans available under paragraph (1) are not adequate to accommodate the borrower's exceptional circumstances. In designing such alternative repayment plans, the lender shall ensure that such plans do not exceed the cost to the Federal Government, as determined on the basis of the present value of future payments by such borrowers, of loans made using the plans available under paragraph (1). ``(6) Repayment after default.-- ``(A) Lender costs.--The eligible lender may require any borrower who has defaulted on a loan made under this part to pay all reasonable collection costs associated with such loan. ``(B) Payment to secretary.--The Secretary may require any borrower who has defaulted on a loan made under this part to repay the loan pursuant to the income driven repayment plan described in paragraph (1)(B). ``(e) Deferment.-- ``(1) In general.--A borrower of a loan made under this part who meets any of the requirements described in subparagraphs (A) through (D) of paragraph (2) shall be eligible for a deferment, during which periodic installments of principal and interest need not be paid. ``(2) Eligibility.--A borrower of a loan made under this part shall be eligible for a deferment during any period-- ``(A) during which the borrower is carrying at least a normal full-time work load for the course of study that the borrower is pursuing, as determined by the eligible institution (as such term is defined in section 435(a)) the borrower is attending; or ``(B) for 6 months following the date on which the borrower ceases to carry the normal full-time work load as described in subparagraph (A); ``(C) during which the borrower-- ``(i) is serving on active duty during a war or other military operation or national emergency; or ``(ii) is performing qualifying National Guard duty during a war or other military operation or national emergency, and for the 180-day period following the demobilization date for the service described in clause (i) or (ii); or ``(D) during-- ``(i) any period in which such borrower is receiving treatment for cancer; and ``(ii) the 6 months after such period. ``(3) Interest accrual.--During periods described in subparagraphs (A), (C), and (D) of paragraph (2) interest shall be subsidized in accordance with subsection (b)(4). ``(f) Loan Application and Promissory Note.--The common financial reporting form required in section 483(a)(1) shall constitute the application for loans made under this part. The Secretary shall develop, print, and distribute to participating eligible lenders a standard promissory note and loan disclosure form. ``(g) Loan Disbursement.--Loans shall be disbursed in accordance with section 499A-3. ``(h) Disclosures.--With respect to loans under this part and in accordance with such regulations as the Secretary shall prescribe, each eligible lender participating in this part shall comply with each of the requirements under section 433 that apply to a lender with respect to a loan under part B. ``(i) Enrollment Period Limitations.--In order to continue to be eligible for a loan under this part, a borrower shall complete the program of study not more than 5 years after the date the borrower first enters the program of study. ``SEC. 499A-8. RELATIONSHIP TO OTHER FEDERAL LOANS. ``(a) In General.--A borrower may borrow loans both under part D and under this part for the same period of study. If a borrower is borrowing loans under both part D and this part for the same period of study, the eligible lender shall ensure that the Secretary has made determinations about the amount of loans awarded under part D for such period prior to determining the amount of loans under this part that the borrower is eligible to borrow, in accordance with section 499A- 2(b). ``(b) Rule of Construction.--Nothing in this Act shall be construed to require a borrower who borrows loans under this part to also borrow loans under part D. ``(c) Prohibition on Combining Loans.--The Secretary may not combine or otherwise consolidate a loan made under this part with a loan made under part D, unless the borrower of such loans elects to consolidate such loans.''. <all>

usgpo

2024-10-08T13:26:48.404472

BILLS

BILLS-118hr9093ih

Prioritizing Rural Hospitals Act

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9093 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9093 To prioritize healthcare facilities and mental or behavioral health facilities in the Community Facilities program for fiscal years 2025 through 2031, and allow loans and grants under the program to be used for medical supplies, increasing telehealth capabilities, supporting staffing needs, or renovating and remodeling closed facilities. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES July 23, 2024 Ms. Underwood introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To prioritize healthcare facilities and mental or behavioral health facilities in the Community Facilities program for fiscal years 2025 through 2031, and allow loans and grants under the program to be used for medical supplies, increasing telehealth capabilities, supporting staffing needs, or renovating and remodeling closed facilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prioritizing Rural Hospitals Act''. SEC. 2. PRIORITIZATION UNDER THE COMMUNITY FACILITIES LOAN AND GRANT PROGRAM. (a) In General.--In selecting recipients of direct loans or grants for the development of essential community facilities under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) for fiscal years 2025 through 2031, the Secretary of Agriculture shall give priority to entities eligible for those direct loans or grants to develop facilities to provide healthcare or mental or behavioral healthcare. (b) Use of Funds.--An eligible entity described in subsection (a) that receives a direct loan or grant described in subsection (a) may use the direct loan or grant funds for medical supplies, increasing telehealth capabilities, supporting staffing needs, or renovating and remodeling closed facilities. (c) Reservation of Funds.--Of the amounts made available for guaranteed loans under section 310B(g) of the Consolidated Farm and Rural Development Act for each of fiscal years 2025 through 2031, 10 percent shall be reserved to carry out this section. <all>

usgpo

2024-10-08T13:26:34.067687

BILLS

BILLS-118s4800is

Waterfront Community Revitalization and Resiliency Act of 2024

United States Congress Senate

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4800 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4800 To designate certain communities as resilient waterfront communities, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 25, 2024 Ms. Baldwin introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To designate certain communities as resilient waterfront communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Waterfront Community Revitalization and Resiliency Act of 2024''. SEC. 2. WORKING WATERFRONTS. (a) In General.--Part C of subtitle V of title 46, United States Code, is amended by adding after chapter 543 the following: ``CHAPTER 544--WATERFRONT COMMUNITIES ``Sec. ``54401. Definitions. ``54402. Purpose. ``54403. Resilient waterfront communities designation. ``54404. Resilient waterfront communities network. ``Sec. 54401. Definitions ``In this chapter: ``(1) Blue economy.--The term `blue economy' means industries related to the Great Lakes, oceans, bays, estuaries, and coasts in the economy of the United States, including living resources, marine construction, marine transportation, offshore energy development and siting, including for renewable energy, offshore mineral production, ship- and boat-building, tourism, recreation, subsistence, commercial, recreational, and charter fishing, seafood processing, and other fishery-related businesses, aquaculture (such as kelp and shellfish), and other industries the Secretary of Commerce considers appropriate. ``(2) Covered entity.--The term `covered entity' means the following: ``(A) A State. ``(B) A political subdivision of a State, or a local government. ``(C) A public agency or publicly chartered authority established by 1 or more States. ``(D) A special purpose district with a transportation function. ``(E) An Indian Tribe or a Native Hawaiian organization. ``(F) A multistate or multijurisdictional group of entities described in subparagraphs (A) through (E). ``(G) A lead entity described in subparagraphs (A) through (F), jointly with an additional entity or group of entities that may include-- ``(i) a nonprofit organization with relevant expertise; ``(ii) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); or ``(iii) a private entity. ``(3) Indian tribe.--The term `Indian Tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ``(4) Native hawaiian organization.--The term `Native Hawaiian organization' has the meaning given the term under section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517). ``(5) Port.--The term `port' means-- ``(A) any port on the navigable waters of the United States; and ``(B) any harbor, marine terminal, or other shore side facility used principally for the movement of goods on inland waters. ``(6) Project.--The term `project' means construction, reconstruction, environmental rehabilitation, acquisition of property, including land related to the project and improvements to the land, equipment acquisition, and operational improvements. ``(7) Resilient.--The term `resilient' means the ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions including disruptions caused by natural or manmade hazards or extreme weather events. ``(8) Resilient waterfront community.--The term `resilient waterfront community' means a resilient waterfront community designated under section 54403. ``(9) Working waterfront.--The term `working waterfront' means real property (including support structures over water and other facilities) that provides access to coastal and Great Lakes waters to persons engaged in commercial and recreational fishing, recreational fishing and boating businesses, boatbuilding, aquaculture, or other water-dependent, coastal- related business and is used for, or that supports, commercial and recreational fishing, recreational fishing and boating businesses, boatbuilding, aquaculture, or other water- dependent, coastal-related business and recreation. ``Sec. 54402. Purpose ``The purpose of this chapter is to promote the recognition and support of resilient waterfront communities so that such communities may support working waterfronts, resilience, economic development, port infrastructure, natural infrastructure, coastal activities, public access, the associated blue economy, and related projects. ``Sec. 54403. Resilient waterfront communities designation ``(a) Designation as Resilient Waterfront Communities.-- ``(1) In general.-- ``(A) Designation.--Subject to paragraphs (2) and (3), the Secretary of Commerce (referred to in this section as the `Secretary'), in coordination with the Secretary of Transportation, shall designate certain communities that submit a plan to the Secretary as `resilient waterfront communities', based on the extent to which the community plan meets the criteria described in subsection (b). ``(B) Eligible communities.--A community shall be eligible to be designated under subparagraph (A) if it is a local government, an Indian Tribe, or a Native Hawaiian community that operates in an area with a working waterfront that is bound in part by-- ``(i) at least one of the Great Lakes; or ``(ii) the ocean. ``(2) Collaboration.--In carrying out this section, the Secretary shall work with the Secretary of Transportation and the heads of other Federal agencies, as the Secretary determines necessary. ``(3) Engagement.--In carrying out this section, the Secretary shall engage with Indian Tribes and Native Hawaiian communities. ``(4) Technical assistance.--In carrying out this section, the Secretary shall provide technical assistance to communities seeking to be designated as a resilient waterfront community. Technical assistance shall include-- ``(A) providing information about relevant programs under sections 25010 and 21205 of the Infrastructure Investment and Jobs Act (49 U.S.C. 102 note; 116 note; Public Law 117-58); ``(B) providing information about relevant grants; ``(C) providing information about best practices; ``(D) providing copies of relevant studies and research; and ``(E) other support, as determined by the Secretary. ``(b) Resilient Waterfront Community Plan.--A community seeking to be designated as a resilient waterfront community shall submit a resilient waterfront community plan to the Secretary. Such plan shall be a community-driven vision and plan that is developed-- ``(1) voluntarily at the discretion of the community-- ``(A) to respond to local needs; or ``(B) to take advantage of new water-oriented opportunities; ``(2) with the leadership of the relevant governmental entity, Indian Tribe, or Native Hawaiian community, and with the active participation of-- ``(A) community residents; ``(B) utilities; and ``(C) interested business and nongovernmental stakeholders; ``(3) as a new document or by amending or compiling community planning documents, as necessary, at the discretion of the Secretary; ``(4) to address economic competitive strengths; and ``(5) to complement and incorporate the objectives and recommendations of applicable regional economic plans. ``(c) Components of a Resilient Waterfront Community Plan.--A resilient waterfront community plan shall-- ``(1) consider all, or a portion of, the relevant waterfront area and adjacent land and water to which the waterfront is connected ecologically, economically, or through local governmental or Tribal boundaries; and ``(2) describe a vision and plan for the community to be developed or preserved as a vital and resilient waterfront community, integrating consideration of-- ``(A) the economic opportunities resulting from water proximity and access, including-- ``(i) water-dependent industries; ``(ii) water-oriented commerce; and ``(iii) recreation and tourism; ``(B) the community relationship to the water, including-- ``(i) quality of life; ``(ii) public health; ``(iii) community and economic heritage, such as maritime and waterfront industries; and ``(iv) public access; ``(C) the environment; ``(D) ecosystem challenges and projections, including-- ``(i) unresolved and emerging impacts to the health and safety of the applicable waterfront; ``(ii) the impact of natural disasters and weather events on the physical and financial security of residents, based on forward- looking, long-term meteorological data; and ``(iii) projections for extreme weather and water conditions; ``(E) infrastructure needs and opportunities, such as-- ``(i) docks, piers, and harbor facilities; ``(ii) protection against storm surges, waves, and flooding; and ``(iii) natural infrastructure; and ``(F) other community facilities and private development. ``(d) Duration.--After the designation of a community as a resilient waterfront community under subsection (a), a resilient waterfront community plan developed in accordance with this section shall have a duration effective for the 10-year period beginning on the date on which the Secretary approves the resilient waterfront community plan. ``(e) Withdrawal of Designation.--A covered entity that represents a community that is designated as a resilient waterfront community under subsection (a) may submit a request at any time to the Secretary that such designation be withdrawn. ``(f) Updates.--A resilient waterfront community plan under this section may be updated by a covered entity, and submitted to the Secretary for approval, before the expiration of the 10-year period described in subsection (d). ``(g) Approval.--The Secretary shall approve or disapprove a resilient waterfront community plan submitted under subsection (b), or an update to such plan submitted under subsection (f), by not later than 180 days after the date of receipt of the plan. ``Sec. 54404. Resilient waterfront communities network ``(a) In General.--The Secretary shall develop and maintain a resilient waterfront communities network to facilitate the sharing of best practices among communities that have been designated as resilient waterfront communities under section 54403. ``(b) Public Recognition.--In consultation with designated resilient waterfront communities, the Secretary shall provide formal public recognition of the designated resilient waterfront communities to promote tourism, recreational activities, commercial investment, or other community benefits. ``(c) Website.--The Secretary of Commerce shall establish, and update periodically, a publicly accessible website to provide information for communities-- ``(1) to access best practices in establishing a designation under section 54403, including-- ``(A) the technological, economic, environmental, social, and cultural impacts of resiliency planning and investment; ``(B) the barriers communities face to successfully planning, implementing, and achieving short, and long- term benefits from resiliency and revitalization activities, as well as solutions to diagnose, understand, and overcome those barriers; and ``(C) changing environmental and economic conditions and information on incorporating forward- looking projections into strategic community decision making; and ``(2) about funding opportunities throughout the Federal Government, including technical assistance opportunities that could support the implementation of resilient waterfront community plans.''. (b) Table of Chapters Amendment.--The table of chapters at the beginning of subtitle V of title 46, United States Code, is amended by adding at the end of the items relating to part C the following new item: 544. Waterfront Communities................................. 54401 (c) Special Grants.--Section 205(b) of the National Sea Grant College Program Act (33 U.S.C. 1124(b)) is amended-- (1) by redesignating paragraphs (1) through (3) as clauses (i) through (iii), respectively, moving such clauses to follow paragraph (2)(A) (as designated under paragraph (4) of this subsection), and adjusting the margins accordingly; (2) by striking ``The Secretary'' and inserting the following: ``(1) Special grants generally.-- ``(A) In general.--The Secretary''; (3) by inserting ``and activities under paragraph (3)'' after ``section 202(b)''; (4) by striking ``No grant may be made under this subsection'' and inserting the following: ``(2) Special grants.-- ``(A) In general.--With respect to a grant under this subsection that is not a grant described in paragraph (3), no grant may be made''; (5) by striking ``The total amount'' and inserting the following: ``(B) Amount.--Except with respect to grants described under paragraph (3), the total amount''; and (6) by adding at the end the following: ``(3) Special grants for working waterfronts.-- ``(A) In general.--Notwithstanding any other provision of this Act, the Secretary may make special grants under this subsection to support covered entities (as defined in section 54401 of title 46, United States Code) for the purposes of-- ``(i) development of the plan described under section 54403(b) of title 46, United States Code, including by-- ``(I) conducting economic and community development marketing and outreach; ``(II) updating zoning regulations; ``(III) conducting environmental reviews; ``(IV) completing engineering and landscape architecture design plans; ``(V) collaborating across local agencies and regional, State, Tribal, and Federal agencies to identify, understand, and develop responses to changing ecosystems and economic circumstances; and ``(VI) conducting such other planning activities as the Secretary considers to be necessary for the development of a resilient waterfront community plan that responds to revitalization and resiliency issues faced by such covered entity; ``(ii) carrying out projects that enable the execution of the plan described under section 54403(b) of title 46, United States Code, including-- ``(I) site preparation; ``(II) acquiring easements or land for uses such as green infrastructure, public amenities, or assembling development sites; ``(III) construction of-- ``(aa) public waterfront or boating amenities; and ``(bb) public spaces; ``(IV) infrastructure upgrades to improve coastal resiliency, including green infrastructure; and ``(V) other activities, at the discretion of the Secretary; and ``(iii) executing other projects that are consistent with the plan described under section 54403(b) of title 46, United States Code. ``(B) Definitions.--In this paragraph: ``(i) Title 46 terms.--The terms `covered entity', `resilient', and `working waterfront' have the meanings given those terms in section 54401 of title 46, United States Code. ``(ii) Project.--The term `project' has the meaning given that term in section 54401 of title 46, United States Code, except that such term shall only apply to activities-- ``(I) within the boundary of a working waterfront; or ``(II) outside the boundary of a working waterfront, if the projects are directly related to the working waterfront or such plan. ``(C) Eligibility; terms and conditions.-- ``(i) Eligibility and procedure.--The provisions of subsection (c) shall apply with respect to grants under this paragraph, except that only covered entities shall be eligible to receive a grant under this paragraph. Notwithstanding such subsection (c), the Secretary shall not be required to prescribe application requirements and procedures for grants under this paragraph by regulation. ``(ii) Terms and conditions.--Paragraphs (1) through (3) of subsection (d) shall not apply with respect to grants under this paragraph. ``(D) Project selection criteria.-- ``(i) In general.--The Secretary may select a project described in this paragraph for funding under this subsection if the Secretary determines that-- ``(I) the project is consistent with the plan under section 54403(b) of title 46, United States Code; ``(II) the covered entity has authority to carry out the project; ``(III) the covered entity has sufficient funding to execute the project or phase of the project; ``(IV) the project will be completed without unreasonable delay; and ``(V) the project cannot be easily and efficiently completed without Federal funding or financial assistance available to the covered entity. ``(ii) Additional considerations.--In selecting projects described in this paragraph for funding under this subsection, the Secretary shall give consideration to-- ``(I) the utilization of non- Federal contributions; and ``(II) the net benefits of the funds awarded under this subsection. ``(E) Procedural safeguards.--The Secretary shall issue guidelines to establish appropriate accounting, reporting, and review procedures for grants made under this paragraph to ensure that-- ``(i) grant funds are used for the purposes for which those funds were made available; ``(ii) each grantee properly accounts for all expenditures of grant funds; and ``(iii) grant funds not used for such purposes and amounts not obligated or expended are returned.''. (d) Technical Amendments.--Section 205 of the National Sea Grant College Program Act (33 U.S.C. 1124) is further amended-- (1) in subsection (c), by striking ``Any person'' and inserting ``Subject to subsection (b)(3), any person''; and (2) in subsection (d)(1), by striking ``Any grant'' and inserting ``Subject to subsection (b)(3), any grant''. SEC. 3. RESILIENT WATERFRONT COMMUNITIES REPORT. Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing-- (1) the participation in the program of designating resilient waterfront communities under chapter 544 of title 46, United States Code, the results of such program, and the Secretary's plans to improve outreach, implementation, and best practice guidance regarding such program; and (2) the participation in the program of special grants for working waterfronts described in paragraph (3) of section 205(b) of the National Sea Grant College Program Act (33 U.S.C. 1124(b)), the results of such program, and the Secretary's plans to improve outreach, implementation, and best practice guidance regarding such program. <all>

usgpo

2024-10-08T13:27:15.081984

BILLS

BILLS-118s4747is

Performing Artist Tax Parity Act of 2024

United States Congress Senate

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4747 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4747 To amend the Internal Revenue Code of 1986 to increase the adjusted gross income limitation for the above-the-line deduction of expenses of performing artist employees, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 23, 2024 Mr. Warner (for himself and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to increase the adjusted gross income limitation for the above-the-line deduction of expenses of performing artist employees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Performing Artist Tax Parity Act of 2024''. SEC. 2. ABOVE-THE-LINE DEDUCTION OF EXPENSES OF PERFORMING ARTISTS. (a) In General.--Section 62(a)(2)(B) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``performing artists.--The deductions'' and inserting the following: ``performing artists.-- ``(i) In general.--The deductions'', and (2) by adding at the end the following new clauses: ``(ii) Phaseout.--The amount of expenses taken into account under clause (i) shall be reduced (but not below zero) by 10 percentage points for each $2,000 ($4,000 in the case of a joint return), or fraction thereof, by which the taxpayer's gross income for the taxable year exceeds $100,000 (200 percent of such amount in the case of a joint return). ``(iii) Cost-of-living adjustment.--In the case of any taxable year beginning in a calendar year after 2024, the $100,000 amount under clause (ii) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2023' for `calendar year 2016' in subparagraph (A)(ii) thereof. If any amount after adjustment under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000.''. (b) Clarification Regarding Commission Paid to Performing Artist's Manager or Agent.--Section 62(a)(2)(B)(i) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by inserting before the period at the end the following: ``, including any commission paid to the performing artist's manager or agent''. (c) Increase in Threshold for Determining Nominal Employers.-- Section 62(b)(2) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``An individual'' and inserting the following: ``(A) In general.--An individual'', (2) by striking ``$200'' and inserting ``$500'', and (3) by adding at the end the following new subparagraph: ``(B) Cost-of-living adjustment.--In the case of any taxable year beginning in a calendar year after 2024, the $500 amount under subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2023' for `calendar year 2016' in subparagraph (A)(ii) thereof. If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50.''. (d) Conforming Amendments.-- (1) Section 62(a)(2)(B)(i) of the Internal Revenue Code of 1986, as amended by the preceding provisions of this Act, is amended by striking ``by him'' and inserting ``by the performing artist''. (2) Section 62(b)(1) of such Code is amended by inserting ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2023. <all>

usgpo

2024-10-08T13:27:53.693137

BILLS

BILLS-118hr9566ih

Source code Harmonization And Reuse in Information Technology Act; SHARE IT Act

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9566 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9566 To require governmentwide source code sharing, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 12, 2024 Mr. Langworthy (for himself and Mr. Timmons) introduced the following bill; which was referred to the Committee on Oversight and Accountability _______________________________________________________________________ A BILL To require governmentwide source code sharing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Source code Harmonization And Reuse in Information Technology Act'' or the ``SHARE IT Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 3502 of title 44, United States Code. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives. (3) Custom-developed code.--The term ``custom-developed code''-- (A) means source code that is-- (i) produced in the performance of a contract with an agency or is otherwise exclusively funded by the Federal Government; or (ii) developed by a Federal employee as part of the official duties of the employee; (B) includes-- (i) source code, or segregable portions of source code, for which the Federal Government could obtain unlimited rights under part 27 of the Federal Acquisition Regulation or any relevant supplemental acquisition regulations of an agency; and (ii) source code written for a software project, module, plugin, script, middleware, or application programming interface; and (C) does not include-- (i) source code that is solely exploratory or disposable in nature, including source code written by a developer experimenting with a new language or library; or (ii) commercial computer software, commercial off-the-shelf software, or configuration scripts for such software. (4) Federal employee.--The term ``Federal employee'' has the meaning given the term in section 2105(a) of title 5, United States Code. (5) Metadata.--The term ``metadata'', with respect to custom-developed code-- (A) has the meaning given that term in section 3502 of title 44, United States Code; and (B) includes-- (i) information on whether the custom- developed code was-- (I) produced pursuant to a contract; or (II) shared in a public or private repository; (ii) any contract number under which the custom-developed code was produced; and (iii) any hyperlink to the repository in such the code was shared. (6) Private repository.--The term ``private repository'' means a software storage location-- (A) that contains source code, documentation, and other files; and (B) access to which is restricted to only authorized users. (7) Public repository.--The term ``public repository'' means a software storage location-- (A) that contains source code, documentation, and other files; and (B) access to which is open to the public. (8) Software.--The term ``software'' has the meaning given the term ``computer software'' in section 2.101 of title 48, Code of Federal Regulations, or any successor regulation. (9) Source code.--The term ``source code'' means a collection of computer commands written in a computer programming language that a computer can execute as a piece of software. SEC. 3. SOFTWARE REUSE. (a) Sharing.--Not later than 210 days after the date of enactment of this Act, the head of each agency shall ensure that the custom- developed code of the agency and other key technical components (including documentation, data models, schemas, metadata, and architecture designs) of the code is-- (1) stored at not less than 1 public repository or private repository; (2) accessible to Federal employees via procedures developed under subsection (d)(1)(A)(ii)(III); and (3) owned by the agency. (b) Software Reuse Rights in Procurement Contracts.--The head of an agency that enters into a contract for the custom development of software for use by the agency shall acquire and exercise rights sufficient to enable the governmentwide access to, sharing of, use of, and modification of any custom-developed code created in the development of such software. (c) Discovery.--Not later than 210 days after the date of enactment of this Act, the head of each agency shall make metadata created on or after such date for the custom-developed code of the agency publicly accessible. (d) Accountability Mechanisms.-- (1) Agency cios.--Not later than 180 days after the date of enactment of this Act, the Chief Information Officer of each agency, in consultation with the Chief Acquisition Officer, or similar official, of the agency and the Federal Chief Information Officer, shall develop an agency-wide policy that-- (A) implements the requirements of this Act, including-- (i) ensuring that custom-developed code follows the best practices established by the Director of the Office and Management and Budget under paragraph (3) for operating repositories and version control systems to keep track of changes and to facilitate collaboration among multiple developers; and (ii) managing the sharing of custom- developed code under subsection (b), and the public accessibility of metadata under subsection (c), including developing-- (I) procedures to determine whether any custom-developed code meets the conditions under section 4(b) for an exemption under this Act; (II) procedures for making metadata for custom-developed code publicly accessible pursuant to subsection (c); (III) procedures for Federal employees to gain access to public repositories and private repositories that contain custom developed source code; and (IV) standardized reporting practices across the agency to capture key information relating to a contract under which custom-developed source code was produced for reporting statistics about the contract; and (B) corrects or amends any policies of the agency that are inconsistent with the requirements of this Act. (2) Administrator of the office of electronic government.-- (A) Minimum standard reporting requirements.--Not later than 120 days after the date of enactment of this Act, the Administrator of the Office of Electronic Government shall establish minimum standard reporting requirements for the Chief Information Officers of agencies, which shall include information relating to-- (i) measuring the frequency of reuse of code, including access and modification under subsection (b); (ii) whether the shared code is maintained; (iii) whether there is a feedback mechanism for improvements to or community development of the shared code; and (iv) the number and circumstances of all exemptions granted under section 4(a)(2). (B) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator of the Office of Electronic Government shall submit to Congress a report on the status of the implementation of this Act by each agency, including-- (i) a complete list of all exemptions granted under section 4(a)(2); and (ii) a table showing whether each agency has updated the acquisition and other policies of the agency to be compliant with this Act. (3) Guidance.--The Director of the Office of Management and Budget shall issue guidance, consistent with the purpose of this Act, that establishes best practices and uniform procedures across agencies for the purposes of implementing this subsection. SEC. 4. EXEMPTIONS. (a) In General.-- (1) Automatic.-- (A) In general.--This Act shall not apply to classified source code or source code developed primarily for use in a national security system (as defined in section 11103 of title 40, United States Code). (B) National security.--An exemption from the requirements under section 3 shall apply to classified source code or source code developed-- (i) primarily for use in a national security system (as defined in section 11103 of title 40, United States Code); or (ii) by an agency, or part of an agency, that is an element of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (C) Freedom of information act.--An exemption from the requirements under section 3 shall apply to source code the disclosure of which is exempt under section 552(b) of title 5, United States Code (commonly known as the ``Freedom of Information Act''). (2) Discretionary.-- (A) Exemption and guidance.-- (i) In general.--The Chief Information Officer of an agency, in consultation with the Federal Privacy Council, or any successor thereto, may exempt from the requirements of section 3 any source code for which a limited exemption described in subparagraph (B) applies. (ii) Guidance required.--The Federal Privacy Council shall provide guidance to the Chief Information Officer of each agency relating to the limited exemption described in subparagraph (B)(ii) to ensure consistent application of this paragraph across agencies. (B) Limited exemptions.--The limited exemptions described in this paragraph are the following: (i) The head of the agency is prohibited from providing the source code to another individual or entity under another Federal law or regulation, including under-- (I) the Export Administration Regulations; (II) the International Traffic in Arms Regulations; (III) the regulations of the Transportation Security Administration relating to the protection of Sensitive Security Information; and (IV) the Federal laws and regulations governing the sharing of classified information not covered by the exemption in paragraph (1). (ii) The sharing or public accessibility of the source code would create an identifiable risk to the privacy of an individual. (b) Reports Required.-- (1) In general.--Not later than December 31 of each year, the Chief Information Officer of an agency shall submit to the Administrator of the Office of Electronic Government a report of the source code of the agency to which an exemption under subsection (1) or (2) of subsection (a) applied during the fiscal year ending on September 30 of that year with a brief narrative justification of each exemption. (2) Form.--The report under paragraph (1) shall be submitted in unclassified form, with a classified annex as appropriate. (3) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator of the Office of Electronic Government shall submit to the appropriate congressional committees a report on the status of the implementation of this Act by each agency, including-- (A) a compilation of all information, including a narrative justification, relating to each exemption granted under paragraph (1) or (2) of subsection (a); (B) a table showing whether each agency has updated the acquisition and other policies of the agency to be compliant with this Act; (C) an evaluation of the compliance of the agency with the framework described in section 3(d)(2)(A); and (D) a classified annex as appropriate. SEC. 5. GAO REPORT ON INFORMATION TECHNOLOGY PRACTICES. (a) Initial Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an assessment of-- (1) any duplication in the procurement of software by agencies, including estimates of the frequency and dollar value of such duplication; (2) how source code sharing and open-source software collaboration can improve cybersecurity at agencies; (3) how the adoption of cloud-based software may support the heads of Federal agencies; and (4) how the acquisition of commercial software may support the heads of Federal agencies. (b) Supplemental Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an assessment of the implementation of this Act. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act may be construed as requiring the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). SEC. 7. APPLICATION. This Act shall apply to custom-developed code that is developed or revised-- (1) by a Federal employee not less than 180 days after the date of enactment of this Act; or (2) under a contract awarded pursuant to a solicitation issued not less than 180 days after the date of enactment of this Act. SEC. 8. NO ADDITIONAL FUNDING. No additional funds are authorized to be appropriated to carry out this Act. <all>

usgpo

2024-10-08T13:26:29.713981

BILLS

BILLS-118hr9144ih

Let America Vote Act

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9144 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9144 To require States to permit unaffiliated voters to vote in primary elections for Federal office, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES July 25, 2024 Mr. Fitzpatrick (for himself, Mr. Golden of Maine, Mr. Garbarino, and Ms. Perez) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require States to permit unaffiliated voters to vote in primary elections for Federal office, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Let America Vote Act''. SEC. 2. REQUIRING STATES TO PERMIT UNAFFILIATED VOTERS TO VOTE IN PRIMARY ELECTIONS. (a) Sense of Congress.--It is the sense of Congress that the right of a citizen of the United States to vote in any taxpayer-funded election for public office shall not be denied or abridged by the United States or by any State on the grounds of political party affiliation or lack thereof. (b) Requirements for Elections for Federal Office.-- (1) Access of unaffiliated voters to primaries.--Each State shall permit an unaffiliated voter who is registered to vote in an election for Federal office held in the State to vote in any primary election for such office held in the State, except that the State shall not permit an unaffiliated voter to vote in primary elections for such office of more than one political party. (2) Restrictions relating to unaffiliated voters.-- (A) Restrictions on sharing of information.--A State shall not share information relating to an unaffiliated voter in a primary election for Federal office, including the voter's name and contact information, with a political party or with any other person who may reasonably be expected to use the information for a political or politically-connected commercial purpose, including soliciting funds. (B) Restrictions on status of voter on official registration list.--For purposes of a State's official voter registration list, a State shall not treat an individual who is an unaffiliated voter as a member of, or as an individual who is otherwise affiliated with, the political party who held the primary election in which the individual voted solely on the grounds that the individual voted in that primary election. (c) Elections for State and Local Office.--Notwithstanding any other provision of law, a State may not use any funds provided by the Federal Government directly for election administration purposes unless the State certifies to the Election Assistance Commission that-- (1) the State permits an unaffiliated voter who is registered to vote in an election for State or local office held in the State to vote in any primary election for such office held in the State, except that the State shall not permit an unaffiliated voter to vote in primary elections for such office of more than one political party; (2) the State applies the restrictions on sharing information relating to unaffiliated voters in primary elections for Federal office, as described in subsection (a)(2)(A), to information relating to unaffiliated voters in primary elections for State and local office; and (3) the State applies the restrictions on treating unaffiliated voters in primary elections for Federal office as members of, or as individuals who are otherwise affiliated with, a political party, as described in subsection (a)(2)(B), to unaffiliated voters in primary elections for State and local office. (d) Transition Assistance Grants.-- (1) Payment of grants.--If a State certifies to the Election Assistance Commission that the State is in compliance with the requirements of this section with respect to a fiscal year, the Commission shall make a payment to the State during that fiscal year and each of the 4 succeeding fiscal years in an amount equal to 2 percent of the total amount of requirements payments made to the State under section 251 of the Help America Vote Act of 2002 (52 U.S.C. 21001). (2) Use of funds.--A State shall use the payment received under this subsection to cover the costs of permitting unaffiliated voters who are registered to vote in elections for Federal, State, or local office held in the State to vote in any primary election for such office held in the State. (3) Authorization of appropriations.--There are authorized to be appropriated for fiscal year 2025 and each succeeding fiscal year such sums as may be necessary for grants under this subsection. (e) Definitions.--For purposes of this section-- (1) the terms ``election'' and ``Federal office'' have the meanings give such terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101); (2) the term ``primary election'' means an election (including a primary election held for the expression of a preference for the nomination of individuals for election to the office of President) held by any political party to nominate individuals who would appear on a general election ballot as a candidate for election for Federal office, including a convention or caucus of a political party which has authority to nominate such a candidate; (3) the term ``State'' has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141); and (4) the term ``unaffiliated voter'' means an individual who is not registered to vote as a member of a political party or otherwise affiliated with a political party. (f) Effective Date.--This Act shall apply with respect to elections held after the date of the enactment of this Act. SEC. 3. PROHIBITING NONCITIZENS FROM VOTING. (a) Statement of Policy.--It is the policy of the United States that no person who is not a citizen shall be permitted or granted the right to vote in any taxpayer-funded election for public office held by or in the United States or any State. (b) Elections for Federal Office.--No State shall permit any person who is not a citizen of the United States to vote in any election for Federal office held in the State. (c) Elections for State and Local Office.--Notwithstanding any other provision of law, a State may not use any funds provided by the Federal Government directly for election administration purposes unless the State certifies to the Election Assistance Commission that the State does not permit any person who is not a citizen of the United States to vote in any election for State or local office or any ballot initiative or referendum held in the State. <all>

usgpo

2024-10-08T13:27:11.822660

BILLS

BILLS-118hres1424ih

Expressing the sense of Congress that August 30, 2024, be observed as the 134th anniversary of the 1890 Institutions.

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1424 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. RES. 1424 Expressing the sense of Congress that August 30, 2024, be observed as the 134th anniversary of the 1890 Institutions. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 6, 2024 Ms. Adams (for herself and Mr. Turner) submitted the following resolution; which was referred to the Committee on Agriculture _______________________________________________________________________ RESOLUTION Expressing the sense of Congress that August 30, 2024, be observed as the 134th anniversary of the 1890 Institutions. Whereas former Senator Justin Morrill helped lead the passage of the Second Morrill Act of 1890 on August 30, 1890 (7 U.S.C. 321 et seq.), to establish and support land-grant institutions for African Americans to attend; Whereas the mission of the 1890 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)) is educational instruction, agricultural research, and statewide extension efforts; Whereas the universities that were founded and form the 1890 Institutions include-- (1) Lincoln University, in Missouri, in 1866; (2) Alcorn State University, in Mississippi, in 1871; (3) University of Arkansas, Pine Bluff, in Arkansas, in 1873; (4) Alabama Agricultural and Mechanical University, in Alabama, in 1875; (5) Prairie View Agricultural and Mechanical University, in Texas, in 1876; (6) Southern University and Agricultural and Mechanical College, in Louisiana, in 1880; (7) Tuskegee University, in Alabama, in 1881; (8) Virginia State University, in Virginia, in 1882; (9) Kentucky State University, in Kentucky, in 1886; (10) University of Maryland Eastern Shore, in Maryland, in 1886; (11) Florida Agricultural and Mechanical University, in Florida, in 1887; (12) Central State University, in Ohio, in 1887; (13) Delaware State University, in Delaware, in 1891; (14) North Carolina Agricultural and Technical State University, in North Carolina, in 1891; (15) West Virginia State University, in West Virginia, in 1891; (16) Fort Valley State University, in Georgia, in 1895; (17) South Carolina State University, in South Carolina, in 1896; (18) Langston University, in Oklahoma, in 1897; and (19) Tennessee State University, in Tennessee, in 1912; Whereas the Council of 1890 Universities is comprised of the 19 presidents and chancellors of such universities and provides leadership to advance the interests of the 1890 Institutions; Whereas collectively, such universities have over 88,000 undergraduate and graduate students in disciplines, including-- (1) agriculture and related sciences; (2) computer and information sciences; (3) biological and biomedical sciences; (4) physical and social sciences; (5) the science, technology, engineering, and mathematics (STEM) areas; and (6) other majors and degrees; Whereas the 1890 Association of Research Directors and the 1890 Association of Extension Administrators, respectively, help lead university research activities and serve the extension needs of communities; Whereas the 1890 Universities Foundation was established in December 2016 to help facilitate strategic initiatives across the 1890 Institutions; Whereas in successive farm bills, including the Agriculture Improvement Act of 2018 (Public Law 115-334), Congress made new Federal investments in the 1890 Institutions, such as-- (1) the program providing scholarships for students at 1890 Institutions under section 1446 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a); (2) the recognition of at least 3 Centers of Excellence at 1890 Institutions under section 1673(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5926(d)); and (3) allowing for the carryover of funds for extension at 1890 Institutions under section 7114 of the Agriculture Improvement of 2018 (Public Law 115-334); Whereas in the ongoing Federal-State partnership to provide support for the 19 historically Black 1890 Institutions, sections 1444 and 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221, 3222), the Smith-Lever Act (7 U.S.C. 341 et seq.), and the Hatch Act of 1887 (7 U.S.C. 361a et seq.) require the States to fully match the Federal funding provided under such provisions of law; Whereas Congress has provided significant Federal funding and resources to support and supplement agricultural research, education, extension, farmer and rancher assistance, and facility improvements, as well as scholarships and programs that provide internships and pathways to agricultural sector or Federal employment for 1890 Institutions; Whereas the Department of Agriculture has worked collaboratively with the 1890 Institutions through the USDA-1890 Task Force established in 1988, enabling such Institutions to work across the Department of Agriculture, and through a June 2022 Memorandum of Understanding, has reaffirmed and strengthened the ongoing relationship between the 1890 Institutions community and the Department of Agriculture; Whereas the Secretary of Agriculture and the Secretary of Education have worked closely with Governors of the States that 1890 Institutions call home to bring attention to, and rectify, funding disparities across the United States land-grant system; Whereas the Department of Agriculture launched a Nutrition Hub in 2023 under the Agricultural Science Center of Excellence for Nutrition and Diet for Better Health (ASCEND for Better Health) initiative at Southern University, in Louisiana, to be an engine for providing science-based, nutrition-related information at the community level; Whereas the 1890 National Scholars Program of the Department of Agriculture awarded 91 scholarships in 2024 to students enrolled at 1890 Institutions from rural and underserved communities who study food, agriculture, natural resource, and other related sciences through the Office of Partnerships and Public Engagement of the Department of Agriculture; and Whereas the Department of Agriculture invested over $30,000,000 to 68 projects across all 1890 Institutions in 2024 through the National Institute of Food and Agriculture's 1890 Institution Teaching, Research, and Extension Capacity Building Grants Program that aims to support scientific research addressing the Nation's toughest agricultural challenges; Whereas the Department of Agriculture, in partnership with Congress, has worked with 1890 Institutions and other organizations to ensure that disadvantaged farmers and ranchers receive the assistance they need to better serve their communities; and Whereas Central State University, in Ohio, celebrated the 10th anniversary of its official designation as an 1890 Institution by the Agricultural Act of 2014 (Public Law 113-79), thereby bringing the 1890 Institutions to 19 in number: Now, therefore, be it Resolved, That Congress-- (1) recognizes the 134 years of significant and meaningful contributions the 1890 Institutions have made to the United States; (2) encourages that the 134th anniversary of the 1890 Institutions should be observed with Federal and State ceremonies and other appropriate events around the country; (3) celebrates the collaborative work the 19 historically Black 1890 Institutions have undertaken to address the agricultural research and extension needs of the country; (4) supports the efforts of the Department of Agriculture and other Federal agencies to build stronger partnerships with the 1890 Institutions; (5) encourages the creation of task forces similar to the USDA-1890 Task Force across other Federal agencies; and (6) commits to working in a bipartisan way to address the past funding and program inequities of the 1890 Institutions. <all>

usgpo

2024-10-08T13:26:16.091686

BILLS

BILLS-118s4719is

Guaranteeing Resilient Installations for Defense Act of 2024; GRID Act of 2024

United States Congress Senate

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4719 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4719 To provide the Secretary of Energy with the authority to enter into contracts and cooperative agreements to improve the security and resilience of defense critical electric infrastructure and reduce the vulnerability of critical defense facilities to the disruption of the supply of energy to those facilities, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 11 (legislative day, July 10), 2024 Ms. Cortez Masto (for herself and Mr. Mullin) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To provide the Secretary of Energy with the authority to enter into contracts and cooperative agreements to improve the security and resilience of defense critical electric infrastructure and reduce the vulnerability of critical defense facilities to the disruption of the supply of energy to those facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteeing Resilient Installations for Defense Act of 2024'' or the ``GRID Act of 2024''. SEC. 2. DEFENSE CRITICAL ENERGY INFRASTRUCTURE SECURITY. Section 215A of the Federal Power Act (16 U.S.C. 824o-1) is amended-- (1) in subsection (a)-- (A) in paragraph (4), by striking ``of the 48 contiguous States or the District of Columbia'' and inserting ``State''; (B) by redesignating paragraph (8) as paragraph (9); and (C) by inserting after paragraph (7) the following: ``(8) Resilience.--The term `resilience' has the meaning given the term in section 1304A(j) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17384a(j)).''; (2) in subsection (c), in the matter preceding paragraph (1), by striking ``the 48 contiguous States and the District of Columbia'' and inserting ``any State''; and (3) by adding at the end the following: ``(g) Authority To Address Vulnerabilities.--The Secretary may, to the extent that funds are made available for such purposes in advance in appropriations Acts, enter into contracts or cooperative agreements with external providers of energy-- ``(1) to improve the security and resilience of defense critical electric infrastructure; and ``(2) to reduce the vulnerability of critical defense facilities designated under subsection (c) to the disruption of the supply of energy to those facilities.''. <all>

usgpo

2024-10-08T13:26:21.716085

BILLS

BILLS-118hres1436ih

Recognizing suicide as a serious public health problem and expressing support for the designation of September as National Suicide Prevention Month as well as September 10, 2024, as World Suicide Prevention Day.

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H. Res. 1436 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. RES. 1436 Recognizing suicide as a serious public health problem and expressing support for the designation of September as ``National Suicide Prevention Month'' as well as September 10, 2024, as ``World Suicide Prevention Day''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 10, 2024 Mr. Thanedar (for himself, Mr. Lawler, Mr. Swalwell, Mr. Espaillat, Mr. Mullin, Ms. Crockett, Mr. Johnson of Georgia, Mr. Soto, Mr. Green of Texas, Mr. Grijalva, Ms. Pettersen, Mr. Thompson of Mississippi, Mr. Vargas, Ms. Williams of Georgia, Mr. Ruiz, Ms. Brownley, Mrs. Cherfilus-McCormick, Ms. Stansbury, Mr. Goldman of New York, Mr. Carson, Mr. Schneider, Mr. Cleaver, Mr. Tonko, Ms. Craig, Ms. Sanchez, Mr. Mrvan, Mr. Gottheimer, Ms. Matsui, Ms. Tokuda, Mr. Huffman, Mr. Pappas, Ms. Kelly of Illinois, Mr. DeSaulnier, Mr. Torres of New York, Mrs. Watson Coleman, Ms. McCollum, Mr. Lynch, Mr. Evans, Mr. Kim of New Jersey, Mr. Fitzpatrick, Ms. Wild, Mr. Amo, Mrs. Napolitano, Mr. Williams of New York, Ms. Salinas, Mr. Davis of North Carolina, Ms. Schakowsky, and Mr. Raskin) submitted the following resolution; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ RESOLUTION Recognizing suicide as a serious public health problem and expressing support for the designation of September as ``National Suicide Prevention Month'' as well as September 10, 2024, as ``World Suicide Prevention Day''. Whereas, according to the Centers for Disease Control and Prevention (in this resolution referred to as ``CDC''), suicide was among the top 9 leading causes of death for people ages 10 to 64 in 2022; Whereas, according to the CDC, suicide was the second-leading cause of death for people ages 10 to 14 and 25 to 34 in 2022; Whereas, according to the CDC, 1 individual in the United States dies by suicide every 11 minutes, resulting in 49,476 deaths in 2022; Whereas the number of people who think about or attempt suicide is even higher; Whereas, according to the Substance Abuse and Mental Health Services Administration (in this resolution referred to as ``SAMHSA'') National Survey on Drug Use and Health data from 2022, an estimated 13,200,000 adults seriously thought about suicide, 3,800,000 planned a suicide attempt, and 1,600,000 attempted suicide in 2022; Whereas, according to SAMHSA, trends in suicide attempts and deaths by suicide have been increasing among adolescents; Whereas, according to SAMHSA, 3,400,000 adolescents aged 12 to 17 in the United States had serious thoughts of suicide, 1,700,000 made a suicide plan, and 953,000 attempted suicide in 2022; Whereas, according to the Department of Veterans Affairs (in this resolution referred to as ``VA'') National Veteran Suicide Prevention Annual Report data released in 2023, the number of suicides among veterans has continued to rise in the 20 years from 2001 to 2021; Whereas, according to the VA, suicide was the second-leading cause of death among veterans aged 45 or under and the 13th-leading cause of death for veterans overall; Whereas, according to the VA, the average number of veteran suicides per day rose from 16.4 in 2001 to 17.5 in 2021; Whereas, according to the National Institutes of Health (in this resolution referred to as ``NIH''), suicide is a leading cause of death in the perinatal period during pregnancy and until the first year postpartum; Whereas, according to the NIH, suicide is a leading cause of maternal mortality and accounts for about 20 percent of postpartum deaths; Whereas, according to the NIH, between 7,000 to 30,000 children experience their parent's suicide each year in the United States; Whereas the stigma associated with mental health conditions and suicidal ideation hinders suicide prevention by discouraging individuals at risk for suicide from seeking lifesaving help; and Whereas September is an appropriate month to designate as ``National Suicide Prevention Month'' because September 10 is ``World Suicide Prevention Day'', a day recognized internationally and supported by the World Health Organization: Now, therefore, be it; Resolved, That the House of Representatives-- (1) recognizes suicide as a preventable national public health problem; (2) supports the designation of ``National Suicide Prevention Month''; (3) supports the designation of ``World Suicide Prevention Day''; (4) declares suicide prevention as a priority; (5) acknowledges that no single suicide prevention program or effort will be appropriate for all populations or communities; (6) recognizes that there is no single cause for suicide and that suicide is most often an impulsive act that occurs during a moment of overwhelming hopelessness and despair; (7) recognizes that mental health is equally as important as physical health; and (8) develops and implements strategies to increase access to quality mental health, substance abuse, and suicide prevention services. <all>

usgpo

2024-10-08T13:26:19.456570

BILLS

BILLS-118hr9302ih

Worker Enfranchisement Act

United States Congress House of Representatives

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9302 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9302 To amend the National Labor Relations Act to require secret ballots and employee participation in the election of representatives. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES August 2, 2024 Mr. Walberg introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To amend the National Labor Relations Act to require secret ballots and employee participation in the election of representatives. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Enfranchisement Act''. SEC. 2. EMPLOYEE ENFRANCHISEMENT. (a) In General.--Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended-- (1) in subsection (a), by inserting ``That no person shall be an exclusive representative of employees in such unit unless such person has been designated or selected as the exclusive representative of such employees by a majority of the voters in a secret ballot election in which not less than two-thirds of such employees vote; Provided further,'' after ``employment: Provided,''; and (2) in subsection (c)(3), by inserting ``of the at least two-thirds of employees eligible to vote'' after ``majority''. (b) Effective Date.--The amendments made by this Act shall apply in relation to elections occurring on or after the date that is 6 months after the date of enactment of this Act. <all>

usgpo

2024-10-08T13:26:16.113238

CHRG

CHRG-118hhrg51623

American Education in Crisis

United States Congress House of Representatives

[House Hearing, 118 Congress] [From the U.S. Government Publishing Office] AMERICAN EDUCATION IN CRISIS ======================================================================= HEARING BEFORE THE COMMITTEE ON EDUCATION AND THE WORKFORCE U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTEENTH CONGRESS FIRST SESSION __________ HEARING HELD IN WASHINGTON, DC, FEBRUARY 8, 2023 __________ Serial No. 118-1 __________ Printed for the use of the Committee on Education and the Workforce [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via: edworkforce.house.gov or www.govinfo.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 51-623 PDF WASHINGTON : 2024 ----------------------------------------------------------------------------------- COMMITTEE ON EDUCATION AND THE WORKFORCE VIRGINIA FOXX, North Carolina, Chairwoman JOE WILSON, South Carolina ROBERT C. ``BOBBY'' SCOTT, GLENN THOMPSON, Pennsylvania Virginia, TIM WALBERG, Michigan Ranking Member GLENN GROTHMAN, Wisconsin RAUL M. GRIJALVA, Arizona ELISE M. STEFANIK, New York JOE COURTNEY, Connecticut RICK W. ALLEN, Georgia GREGORIO KILILI CAMACHO SABLAN, JIM BANKS, Indiana Northern Mariana Islands JAMES COMER, Kentucky FREDERICA S. WILSON, Florida LLOYD SMUCKER, Pennsylvania SUZANNE BONAMICI, Oregon BURGESS OWENS, Utah MARK TAKANO, California BOB GOOD, Virginia ALMA S. ADAMS, North Carolina LISA McCLAIN, Michigan MARK DeSAULNIER, California MARY MILLER, Illinois DONALD NORCROSS, New Jersey MICHELLE STEEL, California PRAMILA JAYAPAL, Washington RON ESTES, Kansas SUSAN WILD, Pennsylvania JULIA LETLOW, Louisiana LUCY McBATH, Georgia KEVIN KILEY, California JAHANA HAYES, Connecticut AARON BEAN, Florida ILHAN OMAR, Minnesota ERIC BURLISON, Missouri HALEY M. STEVENS, Michigan NATHANIEL MORAN, Texas TERESA LEGER FERNANDEZ, New Mexico JOHN JAMES, Michigan KATHY MANNING, North Carolina LORI CHAVEZ-DeREMER, Oregon FRANK J. MRVAN, Indiana BRANDON WILLIAMS, New York JAMAAL BOWMAN, New York ERIN HOUCHIN, Indiana Cyrus Artz, Staff Director Veronique Pluviose, Minority Staff Director ------ C O N T E N T S ---------- Page Hearing held on February 8, 2023................................. 1 OPENING STATEMENTS Foxx, Hon. Virginia, Chairwoman, Committee on Education and the Workforce.............................................. 1 Prepared statement of.................................... 3 Scott, Hon. Robert C. ``Bobby'', Ranking Member, Committee on Education and the Workforce................................ 4 Prepared statement of.................................... 6 WITNESSES Gentles, Virginia, Director, Education Freedom Center, Independent Women's Forum, Winchester, Virginia............ 8 Prepared statement of.................................... 11 Sullivan, Monty, President, Louisiana Community and Technical College System............................................. 20 Prepared statement of.................................... 22 Polis, Jared, Governor of Colorado........................... 24 Prepared statement of.................................... 26 Pulsipher, Scott, President, Western Governors University.... 28 Prepared statement of.................................... 31 ADDITIONAL SUBMISSIONS Chairwoman Foxx: Statement for the record dated February 16, 2023 from Thomas Edison State University......................... 107 Bonamici, Hon. Suzanne, a Representative in Congress from the State of Oregon: Statement for the record dated February 16, 2023, from the National Parent Teacher Association................ 110 Houchin, Hon. Erin, a Representative in Congress from the State of Indiana: Statement for the record from the Dyslexia Institute of Indiana................................................ 81 Omar, Hon. Ilhan, a Representative in Congress from the State of Minnesota: Article dated October 24, 2022 from Florida Phoenix by Danielle J. Brown...................................... 93 Takano, Hon. Mark, a Representative in Congress from the State of California: Open Access article dated February 25, 2022 from JAMA Network Open........................................... 116 QUESTIONS FOR THE RECORD Response to question submitted for the record by: Governor Jared Polis..................................... 129 Dr. Monty Sullivan....................................... 132 Mr. Scott Pulsipher...................................... 135 Mrs. Virginia Gentles.................................... 136 AMERICAN EDUCATION IN CRISIS ---------- Wednesday, February 8, 2023 House of Representatives, Committee on Education and the Workforce, Washington, DC. The committee met, pursuant to notice, at 10:15 a.m., Room 2124 Rayburn Building, Hon. Virginia Foxx [chairman of the committee] presiding. Present: Representatives Foxx, Wilson of South Carolina, Thompson, Walberg, Grothman, Stefanik, Allen, Banks, Owens, Good, McClain, Miller, Kiley, Bean, Burlison, Moran, Chavez- DeRemer, Williams, Houchin, Scott, Courtney, Wilson, Bonamici, Takano, Adams, DeSaulnier, Norcross, Jayapal, Wild, McBath, Hayes, Omar, Stevens, Leger Fernandez, Manning, Mrvan, and Bowman. Staff present: Cyrus Artz, Staff Director; Nick Barley, Deputy Communications Director; Solomon Chen, Policy Advisor; Michael Davis, Legislative Assistant; Tyler Dufrene, Research Assistant; Cate Dillon, Director of Operations; Amy Raaf Jones, Director of Education and Human Resources Policy; Alex Knorr, Staff Assistant; Marek Laco, Professional Staff Member; John Martin, Deputy Director of Workforce Policy/Counsel; Hannah Matesic, Director of Member Services and Coalitions; Audra McGeorge, Communications Director; Eli Mitchell, Legislative Assistant; Ethan Pann, Press Assistant; Gabriella Pistone, Staff Assistant; Krystina Skurk, Speechwriter; Mary Christina Riley, Professional Staff Member; Katy Roberts, Staff Assistant; Mandy Schaumburg, Chief Counsel and Deputy Director of Education Policy; Brad Thomas, Senior Education Policy Advisor; Kelly Tyroler, Professional Staff Member; Joe Wheeler, Professional Staff Member; Amaris Benavidez, Minority Professional Staff; Ilana Brunner, Minority General Counsel; Scott Estrada, Minority Professional Staff; Rashage Green, Minority Director of Education Policy; Christian Haines, Minority General Counsel; Rasheedah Hasan, Minority Clerk and Member Services; Stephanie Lalle, Minority Communications Director; Andre Lindsay, Minority Policy Associate; Kota Mizutani, Minority Deputy Communication Director; Veronique Pluviose, Minority Staff Director; Banyon Vassar, Minority IT Administrator; and Sam Varie, Minority Press Secretary. Chairwoman Foxx. Good morning. The Committee on Education and the Workforce will come to order. Welcome everyone. I note that a quorum is present. Without objection, the Chair is authorized to call a recess at any time. The committee is meeting today to hear testimony on the State of our education system. I am going to give a quick explanation for why we are meeting in the Judiciary Room. We had a broken water main in the Education Committee, and all our electronic equipment is inoperable. We are thankful to the Judiciary Committee for allowing us to use this room today for this very important hearing. Pursuant to Committee Rule 8(c), opening statements are limited to the Chair and the Ranking Member, so that we may hear from the witnesses sooner and provide all members with adequate time to ask questions. I now recognize myself for the purpose of making an opening statement. From elementary school to law school, the State of this Nation's education system is deeply troubling at every level. Republicans want transparency and innovative solutions to the problems in our education system, while Democrats want taxpayers to fork over their hard-earned paychecks to empower the D.C. bureaucracy. One of my top priorities as Chairwoman of the Education Workforce Committee is to protect parental rights. During the pandemic, parents saw first-hand how poorly our current K-12 education system is serving students. These parents witnessed the education establishment put the interest of teachers' unions over the interest of their children. Parents witnessed the educators writing political ideology instead of teaching fundamental subjects like mathematics and reading, and parents witnessed their children fall further and further behind academically. This learning loss has been devastating, causing millions of students to lose years of academic progress. The 2022 National Assessment of Educational Progress, NAEP, saw scores for 9-year-olds decline 5 points in reading, and 7 points in math compared to 2020. This is the largest average decline in reading since 1990 and first ever decline in math. Parents have reason to be angry and should have every opportunity to express the concerns. Instead, they were stone wall silenced and intimidated. Some parents were even forcibly removed from school board meetings, investigated by the FBI, and called domestic terrorists. This must change. That is why we will champion the Parents Bill of Rights introduced in the last Congress, by most members of this committee led by Julia Letlow of Louisiana. This legislation will protect the right of parents to know what their child is being taught in the classroom, as well as their right to be heard. It is time for the education complex to understand that children belong to their parents, not the State. Extending education freedom to more students will also be one of my top priorities as it has been since I came to Congress, and I am pleased to see more parents taking their child's education into their own hands since the pandemic. There is been a surge in the creation of micro schools, home school, co-ops, and other innovative forms of education. There has also been a surge in enrollment in charter schools and private schools. This is a good thing. More competition and disruption in the modern education system means all schools will have greater incentives to serve their students well. I am hopeful that this is a topic Republicans and Democrats can work on together, as I know we all want what is best for students. I will also be working to protect the integrity of Title IX. We must maintain a level playing field for women and girls in sports. This is no game. Many opportunities for girls and women hinge on their participation in sports, allowing men to take the place of women on sports teams erodes decades of accomplishment and deprives women of these opportunities. Post-secondary education means just as much transformation as K-12 education, yet the Biden administration is turning our student loan system on its head. Instead of addressing problems like the rising cost of college and poor student outcomes, Republicans will not stand by while the Biden administration attempts to enact its retroactive free college agenda. As the institution that holds the power of the purse, we have a responsibility to protect the interest of taxpayers and ensure that students are receiving a high-quality education that enables them to repay their loans and be career ready. Republicans plan to pass common sense legislation that fixes the inherent problems in our Federal student loan and accountability systems to protect most Federal student loan and--to protect, pardon me, both borrowers and taxpayers. You will also hear about the necessity for college cost transparency and innovation here today. We have a tremendous opportunity to advance bold, post-secondary education solutions. Finally, Republicans will also work to improve our Nation's workforce development programs, and ensure they are delivering the skills development opportunities that workers seek and employer's demand. We recognize that a Baccalaureate degree is not the appropriate or necessary path for everyone, and we must support all pathways to achieving the American dream. Once again, welcome to all new and returning members. I look forward to working with you. Let us make this a productive Congress. I now recognize the distinguished Ranking Member for the purpose of making an opening statement. [The prepared statement of Chairwoman Foxx follows:] Statement of Hon. Virginia Foxx, Chairwoman, Committee on Education and the Workforce From elementary school to law school, the state of this nation's education system is deeply troubling at every level. Republicans want transparency and innovative solutions to the problems in our education system, while Democrats want taxpayers to fork over their hard-earned paychecks to empower the D.C. bureaucracy. One of my top priorities as Chairwoman of the Education and the Workforce Committee is to protect parental rights. During the pandemic, parents saw firsthand how poorly our current K-12 education system is serving students. These parents witnessed the education establishment put the interests of teachers unions over the interests of their children. Parents witnessed educators spreading political ideology instead of teaching fundamental subjects like mathematics and reading. Parents witnessed their children fall further and further behind academically. This learning loss has been devastating, causing millions of students to lose years of academic progress. The 2022 National Assessment of Educational Progress (NAEP) saw scores for nine-year-olds decline five points in reading and seven points in math compared to 2020. This is the largest average decline in reading since 1990 and the first-ever decline in math. Parents have reason to be angry and should have every opportunity to express their concerns. Instead, they were stonewalled, silenced, and intimidated. Some parents were even forcibly removed from school board meetings, investigated by the FBI, and called domestic terrorists. This must change. That is why I will champion the Parents Bill of Rights Act. Introduced last Congress by Congresswoman Julia Letlow of Louisiana, this legislation will protect the right of parents to know what their child is being taught in the classroom as well as their right to be heard. It is time for the education complex to understand that children belong to their parents, not the state. Extending education freedom to more students will also be one of my top priorities, as it has been since I came to Congress, and I am pleased to see more parents taking their child's education into their own hands since the pandemic. There has been a surge in the creation of micro-schools, homeschool co-opts, and other innovative forms of education. There has also been a surge in enrollment in charter schools and private schools. This is a good thing. More competition and disruption in the modern education system means all schools will have greater incentives to serve their students well. I am hopeful that this is a topic Republicans and Democrats can work on together, as I know we all want what is best for students. I will also be working to protect the integrity of Title IX. We must maintain a level playing field for women and girls in sports. This is no game. Many opportunities for girls and women hinge on their participation in sports. Allowing men to take the place of women on sports teams erodes decades of accomplishment and deprives women of these opportunities. Postsecondary education needs just as much transformation as K-12 education. The Biden administration is turning our student loan system on its head instead of addressing problems like the rising cost of college and poor student outcomes. Republicans will not stand by while the Biden administration attempts to enact its retroactive free college agenda. As the institution that holds the power of the purse, we have a responsibility to protect the interests of taxpayers and ensure that students are receiving a high-quality education that enables them to repay their loans and be career ready. Republicans plan to pass commonsense legislation that fixes the inherent problems in our federal student loan and accountability systems to protect both borrowers and taxpayers. You will also hear about the necessity for college cost transparency and innovation here today have a tremendous opportunity to advance bold postsecondary education solutions. Finally, Republicans will also work to improve our nation's workforce development programs and ensure they are delivering the skills development opportunities that workers seek and employers demand. We recognize that a baccalaureate degree is not the appropriate or necessary path for everyone, and we must support all pathways to achieving the American Dream. Once again, welcome to all new and returning members, I look forward toworking with you. Let us make this a productive Congress. ______ Mr. Scott. Good morning, and thank you Dr. Foxx. When the Supreme Court decided the Brown v. Board of Education decision in 1954, it outlawed legal discrimination in education, and said among other things, that in these days this is doubtful that any child may reasonably be expected to succeed in life if denied the opportunity of an education. Such an opportunity where the State has undertaken to provide it is a right which needs to be made available to all on equal terms. The Court arrived at that opinion in the context of racial segregation, but in fact their analysis was clear. Access to a quality education is a right, and politics should never prevent a student from receiving a high-quality education. In recent years Republican politicians have turned their student's classroom into the epicenter of the culture wars. The outset of the COVID-19 pandemic, republican politicians sought to force schools to reopen the classrooms to full-time, in- person instruction regardless of whether it was safe or not. Then in 2021, despite schools and institutions clear need for additional relief funding, the republican lawmakers did nothing to meaningfully help them reopen safely to help students recover from the pandemic. In fact, every congressional republican voted against the American Rescue Plan, which Democrats passed to provide funding to make it actually possible to open the schools safely, keep them open safely, and to make up the lost learning. Of course, academic scores have been down. Students were out of school for a year, maybe even more, and the American Rescue Plan provided the resources to open safely and make sure that we could make up for lost learning with things like after school programs, summer programs, counselors, and tutors. Those cost money, and the American Rescue Plan provided that money. Now instead of working with Democrats to address the real issues in schools and institutions, republican lawmakers are prioritizing cultural wars and investigations, that is in fact the number of bills introduced across the country to restrict teaching about certain topics or educational gag orders, increased in 2022 by 250 percent compared to 2021. Several republicans led states advanced anti-LGBTQ bills, like Florida's Don't Say Gay Bill. One CEO said that the LGBT youth suicide and crisis prevention leads to youth suicide and crisis prevention organization said that these bills only add to existing stigma and discrimination, which puts these young people at greater risk of bullying, depression, and even suicide. Republican politicians have also supported and implemented policies to ban books, censor curriculum and textbooks at every level of learning, and punish teachers for accurately recounting our Nation's history. Worse, we have seen the proliferation of verbal and physical threats at typically tedious school board meetings. Florida adopted the so-called Individual Freedom Measure, which banned educators from teaching certain topics related to race. In my home State the Governor established an emergency hotline regarding the teacher teaching critical race theory in K through 12. That dedicated phone line was shut down since there were no complaints about CRT being taught in elementary and secondary schools, and that is maybe because it is only taught in a few law schools. Educational gag orders are a distraction and do not address the public's concerns about the academic success and well-being of America's students. Many of these attacks have been launched under the guise of transparency and expanded parent's rights. While parental engagement is critical for a student's success, bills introduced have been crafted to give a vocal minority the power to impose personal beliefs over all students. Even worse, Republican politicians holding educators hostage by forcing them to choose between extremist views, or fully funded classrooms. For example, in K through 12 schools in South Carolina and Tennessee, Republican lawmakers passed legislation to withhold badly needed funding from schools because of their curriculum. Slashing support for students has not stopped there. The Republicans Attorney General is suing to prevent over 40 million eligible student loan borrowers from accessing student loan relief. Congressional Republicans are simultaneously introducing legislation that would make severe cuts to programs and help students afford a college degree. congressional Republicans are also opposing the expansion of registered apprenticeship programs. Our most successful workforce development program. We know that 93 percent of apprentices who complete a registered apprenticeship retain employment with an average salary of 70 to $7,000.00. One recent study found that for every dollar a business invests in the registered apprenticeship program, they earn $1.44 back. These programs are a win/win for workers and businesses, and yet we are ignoring the effectiveness of registered apprenticeships, and advocate diversion of funding to untested models called Industry Recognized Apprenticeship Programs or IRAPs. IRAPs do not have the guaranteed quality and national recognition that registered apprenticeships have. This Congress, congressional Democrats plan to reintroduce legislation to help every student reach his or her full potential. First, the Rebuild America's Schools Act and Students and Diversity Act and the Equity Inclusion Enforcement Act will help modernize healthy school buildings so students can learn safety, eliminate inequities in education, and provide families with a legal remedy for students to address disparities in education. More options for schools to achievement, NOW Act, the Loan Act, make sure that all Americans can have more access to affordable and higher education. The Workforce Innovation and Opportunity Act, and the National Apprenticeship Act will fully fund evidence-based job training and apprenticeship programs to prepare individuals for our modern economy. These legislative priorities are rooted in evidence and research and will take into account the real concerns facing students, parents, educators and communities. I hope my colleagues on the committee will stop putting--will put--stop putting politics over people and put people over politics and join Democrats in addressing the most pressing issues facing our Nation's students. With that Madam Chair, I yield back. [The prepared statement of Ranking Member Scott follows:] Statement of Hon. Robert C. ``Bobby'' Scott, Ranking Member, Committee on Education and the Workforce Good morning. Thank you, Dr. Foxx. When the Supreme Court decided the Brown v. Board of Education decision in 1954, it outlawed legal segregation in education, and said--among other things--that, ``In these days, it is doubtful that any child may reasonably be expected to succeed in life if denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.'' The Court arrived at that opinion in the context of racial segregation. In fact, their analysis was clear: access to a quality education is a right and politics should never prevent a student from receiving a high-quality education. In recent years, Republican politicians have turned our students' classrooms into the epicenter of their culture wars. At the outset of the COVID-19 pandemic, Republican politicians sought to force schools to reopen classrooms for full-time, in-person instruction, regardless of whether it was safe or not. Then, in 2021, despite schools' and institutions' clear need for additional relief funding, Republican lawmakers did nothing to meaningfully help them reopen safely or help students recover from the pandemic. In fact, every Congressional Republican voted against the American Rescue Plan, which Democrats passed to provide funding to make it actually possible to open the schools safely, keep them open safely, and make up for lost learning. Of course, academic scores have been down. Students were out of school for a year--maybe even more. The American Rescue Plan provided the resources to open safely and make sure that we could make up for lost learning with things like afterschool programs, summer programs, counselors, and tutors. Those cost money, and the American Rescue Plan provided that money. Now, instead of working with Democrats to address the real issues in schools and institutions, Republican lawmakers are prioritizing culture wars and investigations. In fact, the number of bills introduced across the country to restrict teaching about certain topics, or ``educational gag orders,'' increased in 2022 by 250 percent, compared to 2021. Several Republican-led states have advanced anti-LGBTQ bills, like Florida's ``Don't Say Gay'' bill. One CEO who leads a youth suicide and crisis prevention organization, said that these bills ``only add to the existing stigma and discrimination, which puts these young people at greater risk for bullying, depression, and even suicide.'' Republican politicians have also supported and implemented policies to ban books; censor curriculum and textbooks at every level of learning; and punish teachers for accurately recounting our nation's history. Worse, we have seen the proliferation of verbal and physical threats at typically tedious school board meetings. Florida adopted the so-called ``Individual Freedom'' measure, which banned educators from teaching certain topics related to race. In my home state, the governor established an emergency hotline regarding the teaching of Critical Race Theory in K-12. That dedicated phone line was shut down since there were no complaints about CRT being taught in elementary or secondary schools. That is maybe because it is only taught in a few law schools. Educational gag orders are a distraction and do not address the public's concerns about the academic success and wellbeing of America's students. Many of these attacks have been launched under the guise of transparency and expanding parents' rights. While parental engagement is critical for a student's success, the bills introduced have been crafted to give a vocal minority the power to impose personal beliefs over all students. Even worse, Republican politicians are holding educators hostage by forcing them to choose between extremist views or fully-funded classrooms. For example, in K-12 schools in South Carolina and Tennessee, Republican lawmakers passed legislation to withhold badly needed funding from schools because of their curriculum. Slashing support for students has not stopped there. Republican Attorneys General are suing to prevent over 40 million eligible student loan borrowers from accessing student loan relief while Congressional Republicans are simultaneously introducing legislation that would make severe cuts to programs that help students afford a college degree. Congressional Republicans are also opposing the expansion of Registered Apprenticeship programs-our most successful workforce development program. We know that 93 percent of apprentices who complete a Registered Apprenticeship retains employment, with an average annual salary of $77,000. One recent study found that, for every dollar a business invests in a Registered Apprenticeship program, they earn $1.44 back. These programs are a win-win for workers and businesses, yet we are ignoring the effectiveness Registered Apprenticeships and they advocate for a diversion funding to untested models, called Industry Recognized Apprenticeship Programs, or IRAPs. IRAPs do not have the guaranteed quality and national recognition that Registered Apprenticeships have. This Congress, Congressional Democrats plan to reintroduce legislation to help every student reach his or her full potential. First, the Rebuild America's Schools Act, the Strength in Diversity Act, and the Equity and Inclusion Enforcement Act will help modernize healthy school buildings so students can learn safely, eliminate inequities in education, and provide families with a legal remedy for students to address disparities in education. The Lowering Obstacles to Achievement Now Act, the LOAN Act, will ensure that all Americans can have more access to affordable higher education. The Workforce Innovation and Opportunity Act and the National Apprenticeship Act will fully-fund evidence-based job training and apprenticeship programs to prepare individuals for our modern economy. These legislative priorities are rooted in evidence and research and will take into account the real concerns facing students, parents, educators, and communities. I hope my colleagues on the Committee will stop putting politics over people, put people over politics, and join Democrats in addressing the most pressing issues facing our nation's students. ______ Chairwoman Foxx. Thank you, Representative Scott. Without objection, all of the members who wish to insert written statements into the record may do so by submitting them to the committee clerk electronically in Microsoft Word format by 5 p.m., 14 days after the day of this hearing, February 22, 2023. I will now introduce our witnesses. Ms. Virginia Gentles is the Director of the Education Freedom Center with Independent Women's Forum. Dr. Monty Sullivan. Dr. Monty Sullivan is the President of Louisiana Community and Technical College System located in Baton Rouge, Louisiana. Mr. Jared is the Governor of Colorado and a former colleague who served admirably on this committee. For our final witness, I yield to Representative Owens for the introduction. Mr. Owens. Thank you, Chairwoman Foxx. It gives me great pleasure to introduce to this committee Mr. Scott Pulsipher, President of Western Governors University, WGU, headquartered in my district in Salt Lake City, Utah. After more than 20 years in the private sector, Mr. Pulsipher came to WGU in 2016, and has proven himself to be a game change in postsecondary education. WGU is the Nation's first and largest competency-based university and his leadership and institution has continued to drive innovation to continue to improve student's outcomes in Utah and across the country. Thank you, Mr. Pulsipher, for coming before this Committee. I look forward to hearing from you today. Chairwoman Foxx. Thank you very much Mr. Owens. We thank all our witnesses for being here today, and we look forward to your testimony. Let me remind the witnesses that we have read your written statements, and that they will appear in full in the hearing record. Pursuant to Committee Rule 8D and committee practice, each of you is asked to limit your oral presentation to a 5-minute summary of your written statement. The witnesses are aware of their responsibility to provide accurate information to the subcommittee, and therefore we will proceed with their testimony. Before you begin your testimony, please remember to press the button on the microphone in front of you so that it will turn on and the members can hear you. As you begin to speak the light in front of you will turn green. After 4 minutes, the light will turn yellow to signal that you have 1 minute remaining. When the light turns red, your 5 minutes have expired and we ask that you please wrap up. As a longstanding committee practice, we will let the entire panel make their presentations before we move to member questions. When answering a question, please remember to once again to turn your microphone on, and then off when finished. I will first recognize Ms. Gentles. STATEMENT OF VIRGINIA GENTLES, DIRECTOR, EDUCATION FREEDOM CENTER,INDEPENDENT WOMEN'S FORUM, WINCHESTER, VIRGINIA Mrs. Gentles. Chairwoman Foxx, Ranking Member Scott, and members of the committee. Thank you for inviting me to appear today. My name is Virginia Gentles, and I am the mother of two school-aged children, and the director of the Education Freedom Center at Independent Women's Forum. Before I delve into the significant challenges our students, teachers, and families are facing, I want to highlight two positive developments, and the first is the expansion of education freedom. Iowa and Utah passed laws last month creating K-12 education savings account programs, and last year Arizona established the gold standard for education freedom by expanding eligibility for the state's existing ESA programs to cover all 1.1 million Arizona students. Second, policymakers are acknowledging the widespread failure of balanced literacy reading programs and starting to require phonics-based reading instruction. As legislators who regularly hear from distraught parents, you are familiar with the bad news. We are faced with alarming learning loss fueled by the potent combination of COVID-era school closures and the prioritization of activism over academic instruction. Pervasive discipline and mental health issues that are creating an unsafe environment for students and teachers, school systems that are determined to view parents as the enemy; and powerful teachers' unions and education bureaucrats that reject transparency and accountability, yet relentlessly demand more funding. We must acknowledge the pernicious influence of the teachers' unions. These powerful organizations seek to expand their partisan political influence, and control working conditions. They do not aspire to improve education. Union roadblocks appeared at the outset of the COVID-era school closures, and they continued into 2021, with leaders colluding with the CDC to draft restrictive reopening guidance. Union leaders and union supported school board members cannot and should not escape accountability for the learning loss crisis they exacerbated. Fourth and eighth grade math and reading scores on the 2022 nation's report card significantly dropped since students were last tested in 2019. Only one- quarter of eighth grade students met math proficiency standards. Chaotic classrooms are driving talented teachers to quit, likely accelerating learning loss. According to Federal data schools are plagued with chronic absenteeism, a significant increase in behavioral issues, and an increase in verbal abuse and disrespect toward teachers. School districts' excessively lenient discipline policies leave teachers without the tools they need to address these challenges. In theory, mental health support could help children, but many parents are concerned about the consequences of funneling more money into school counselors that are represented by an association that embraces radical ideologies. Unfortunately, too many forces within the education system insist on prioritizing the promotion of ideologies over academic instruction. Polls consistently reveal that most people do not want children to be bombarded with activist- drafted materials, and lessons, and books that are pushing radical gender ideology, and instructing young children that they can be born in the wrong body, School policies that secretly socially transition children, hiding their new names, identities, and bathroom, locker room, and overnight trip accommodations from parents through Gender Support Plans are based on the assumption that the only acceptable response to children who express a desire for a new name and identity is immediate and unquestioning affirmation. School staff are pushing highly sensitive girls regardless of their mental health struggles, down a one-way path to medical transition, and school staff who do not adhere to this radical belief system are punished. School districts are citing non-existent Title IX related requirements as the pretext for hiding information from parents. This must stop. Congress can address one Title IX issue by supporting Congressman Greg Steube's Protection of Women and Girls in Sports Act, which will end the practice of allowing biological males to take awards, roster spots, and scholarships from female athletes. Parents deserve power over their children's education. The education bureaucrats and unions hold all the power in states without education freedom. Supporting the Parent's Bill of Rights Act introduced by Representative Julia Letlow will acknowledge parents' fundamental rights and the importance of curriculum, budget, and student record transparency. Students must be allowed to escape the residentially assigned public schools that are not effectively educating them. The Educational Choice for Children's Act will create a K-12 Federal scholarship tax credit and give parents the purchasing power to pay for tuition, tutoring, or technology. It is time for funding to follow the child to the education option that best meets his or her needs. Leaders of the public K-12 education system continue to demand funding increases, but the Federal Government already provided more than 190 billion in emergency supplemental education funding, primarily in the form of elementary and secondary school emergency relief, or ESSR funds. The money was largely not needed, or used to facilitate school reopening, and many districts have not yet spent the funds. I am the mother of a sixth and a ninth grader, so I have a front row seat to the failures of our educational system. We need legislators to hold the K-12 cartel accountable for the learning loss crisis it created, and pass legislation that provides families with educational transparency and freedom. Thank you. [The prepared statement of Mrs. Gentles follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Foxx. Thank you very much for being right on time. We will now hear from Dr. Sullivan. STATEMENT OF DR. MONTY SULLIVAN, PRESIDENT, LOUISIANA COMMUNITY AND TECHNICAL COLLEGE SYSTEM Mr. Sullivan. Good morning. Chairwoman Foxx, Ranking Member Scott, and members of the committee. I am Monty Sullivan, President of the Louisiana Community and Technical College System, and President of Rebuilding America's Middle Class, a national coalition of State and individual community college systems. On behalf of Louisiana's 12 2-year institutions, and the more than 150,000 students that we serve annually, as well as RAMC, thank you for the opportunity to be here today. With each information cycle and technological advancement, the skills requirements of the workplace are ever increasing. We are already far behind, as reflected in our Nation's near-record 11 million unfilled jobs. Louisiana leads the Nation in this category with unfilled vacancies. At the same time, we have people sitting on the sidelines, who want to work, but have not yet obtained the education and skills needed to participate in the modern economy. The United States labor force participation rate was 62.4 percent in January. That is down from 67 percent two decades ago. We have far too many people on the sidelines not participating in the economy. The market for talent is exceptionally tight and seems to be growing tighter by the day. Central to this policy must be the recognition that almost every good job in America requires participation beyond high school, perhaps college, perhaps on the job skills, but beyond high school. With that perspective, the following are recommendations to the committee. First and foremost, expand Pell Grants to cover short-term workforce programs. The single most important step Congress can take on behalf of the 60 million Americans with a high school diploma or less. Let that sink in. It is to authorize the use of Pell Grants for workforce programs. Students need the shortest and least expensive pathway to employment and opportunity for advancement throughout their lives. In the last 3 years, our community colleges in Louisiana have served over 15 thousand students who graduated with these credentials. Students completing these programs have strong job placement rates above 90 percent and have a demonstrated wage improvement of well over 20 percent from the prior year. More broadly in Louisiana, we have a recognized earnings premium for our students who complete short-term workforce programs that is greater than the initial earnings of those students who gain credentials from credit-based programs that are Pell eligible. Clearly, these short-term credentials are demonstrating value to employers, yet these shorter-term programs are reserved for those who have money in their pockets and will not require Pell Grants to attend college. Effectively, we are limiting the ability of a broad swath of Americans to quickly gain the skills needed to obtain a good job. I congratulate you, Chairwoman Foxx, along with Representative Stefanik, Banks, Hinson, and Thompson for your vision, and bringing forward the Promoting Employment and Lifelong Learning Act which RAMC has endorsed. I also appreciate the several other efforts in Congress to expand Pell Grants for short-term programs, and strongly urge Congress to come to a consensus on this issue. Point two, updated and improved WIOA. Under the Workforce Innovation and Opportunity Act, Louisiana has 15 workforce development areas, each with its own local board led by a business representative. Collectively, in program year ending 2022, Louisiana serves 5,655 individuals in ``training services,'' which places Louisiana above the national average, yet it pales in comparison to the 180,000 vacancies that we have in Louisiana. We simply cannot get to the goal continuing down the path we are on today. The following are recommendations I would make to you around WIOA. First and foremost, require more WIOA funds to be targeted toward workforce training accounts. Improve coordination with the Higher Education Act. Individuals do not understand the difference between Federal policy and WIOA, and Higher Education Act. Streamline those processes. Maintain the requirement for State and local boards to be led by businesses. Allow for more flexibility in establishing enhanced accountability systems with providers and provide better labor market information. Finally, strengthen the role of community colleges as we think about the development and the growth of our workforce system. Point three, we must establish a no wrong door approach to education and workforce attainment. While the effort is intended to lower and eliminate barriers to access education employment, current policies too often place the highest barriers in front of those with the greatest need. Point four, and the final point, developing America's talent is the responsibility of the education system, but also business partners. They cannot do it alone. We have great examples in Louisiana business partnerships. Our friends at General Dynamics IT are located on the campus of Bossier Parrish Community College with over 1,000 employees right there on the college campus. In the New Orleans market, our Mechatronics apprenticeship program brings together three LCTCS colleges to meet the needs of the greater manufacturing sector. In closing, I would like to thank you again for the opportunity to share some thoughts with you today. Education is indeed the anecdote to the ills of this Nation. We know that our people and our economy will be more resilient, dynamic, and future ready if we can free ourselves from historical structures and reconceptualize the systems for the modern world. Can you image--can you imagine an America where every single household has one college credential, or industry-based certification that supports that household? I can imagine that America. Together we can get there. Thank you for the opportunity. [The prepared statement of Dr. Sullivan follows:] Statement of Dr. Monty Sullivan, President, Louisiana Community and Technical College System Good morning, Chairwoman Foxx, Ranking Member Scott, and Members of the Committee. I am Monty Sullivan, President of the Louisiana Community and Technical College System (LCTCS) and President of Rebuilding America's Middle Class (RAMC), a coalition of state and individual community college systems from across the country that share the belief that community colleges are one of America's primary solutions to building a strong, more competitive workforce and therefore, a strong middle class. On behalf of Louisiana's twelve two- year colleges and the 150,000 students we serve each year, as well as RAMC, thank you for the opportunity to be here today to discuss what I see as a crisis in our nation's education and workforce system. With each information cycle and technological advancement, the skill requirements of the workplace are ever increasing. Last week, the President of Microsoft, Brad Smith, wrote a blogpost noting the advance in artificial intelligence expected by 2033 would instead be here in 2023. He and others have signaled the profound impact this new technology will have on jobs and education. This is just one example of why we need to ensure our nation's system of education and workforce development can provide the skills that individuals will need to succeed in our ever-changing economy. We are already far behind, as reflected in our nation's near-record 11 million unfilled job openings. Louisiana leads the nation in unfilled jobs, and we are also expecting tens of thousands of new jobs to materialize from the shift to a new energy economy, and a rapidly expanding industrial sector in fields like liquefied natural gas (LNG) and chemical manufacturing. Not to mention health care workforce shortages, which are impacting the daily care of those in Louisiana and throughout the country. The market for talent is exceptionally tight and seems to be growing tighter by the day. At the same time, we have people sitting on the sidelines who want to work but have not yet obtained the education and skills needed to participate in the modern economy. The United States labor force participation rate was 62.4 percent in January, a rate that has been dropping for the last several decades from when it was 67 percent. This translates into millions of more individuals not in today's labor force. With relatively low labor force participation rates, we have a significant pool of untapped talent stranded in this economy. We must forge a policy environment that broadens opportunity in this nation. Central to this policy must be the recognition that almost every good job in America requires preparation beyond a standard high school diploma. Therefore, every American needs some level of education and skills beyond high school whether gained at college, on the job, or even through a free MOOC. In addressing this issue from a policy perspective, we must align education and workforce policy in a complementary manner and not as mutually exclusive. With that perspective, the following are recommendations for this Committee to consider in order to address at least some aspects of our nation's education and workforce crisis. 1. Expand Pell Grants to cover short-term / workforce programs: The single most important step Congress can take in helping address our nation's skill shortage is to immediately authorize the use of Pell Grants for workforce programs. Students need the shortest and least expensive pathways to employment with opportunities for advancement throughout their lives. In the last three years, our community colleges in Louisiana have graduated roughly 15,000 students from short-term workforce programs using state funds. The results have been astounding. First, students who complete these programs have very strong job placement rates (above 90 percent) and demonstrate wage improvements of 20 percent in their first year on the job (Glass, C., Strong Wage Gains from Short-term Credentials, Old Dominion University, Community College Leadership Research Report, Fall 2019). More broadly in Louisiana, we have recognized an earnings premium for our students who complete short-term workforce programs that is greater than the initial earnings of students in traditional credit programs that are Pell Grant eligible. Clearly, these credentials are demonstrating value to employers. Those shorter-term programs, with clear value in the market, are reserved for those who have money in their pocket and do not need to rely on a Pell Grant for their education. Effectively, we are limiting the ability for a broad swath of Americans to quickly gain the skills needed to obtain a good job. Enacting the Promoting Employment and Lifelong Learning (PELL) Act would be a profoundly important step toward addressing this current policy need. I congratulate you, Chairwoman Foxx, along with Representatives Stefanik, Banks, Hinson, and Thompson, for your vision in bringing forward this legislation, which RAMC has endorsed. I also appreciate the several other efforts in Congress to expand Pell Grants for short-term programs and strongly urge Congress to come to consensus on legislation that, when passed, will enable a significant increase in the number of students across the country who will have a new opportunity in how they improve their skills. 2. Update and Improve WIOA: Under the Workforce Innovation and Opportunity Act (WIOA), Louisiana has 15 Workforce Development Areas, each with its own local Workforce Development Board (WDB) that is led by a representative of business and includes partners such as community colleges and local non-profits. These Boards collectively oversee 62 American Job Centers and numerous affiliate one-stop centers that provide entry for individuals seeking workforce and employment services, as well as related supportive services. Collectively, in the program year ending last June, 5,655 adults (including dislocated workers) were served under WIOA in Louisiana, of whom 3,676 received ``training'' services (as defined under WIOA). [Note, this proportion of those in ``training'' is higher than the national average.] Across the two programs for adults and dislocated workers, roughly three quarters of participants were employed six months after exiting, and they had average quarterly earnings of $6,697 and $8,459 respectively. A vast majority of all participants left with a credential. In 2021, to help address what had often been a disconnect between our colleges and WDBs, LCTCS led an effort to hold individual meetings with each WDB along with representatives from K12 education, economic development, corrections, children and family services, non-profits, and four-year colleges. We collectively developed a regional workforce ecosystem that continues under the leadership of our community colleges and is convened by our regional economic development organizations with regional employers. This work has helped us to build the human and programmatic infrastructure needed to meet our workforce needs. However, despite these types of efforts, we must recognize that we will not meet the needs of those seeking to obtain skills or the needs of the business community by relying on the current WIOA system. In many ways, the program is simply stretched too thin in attempting to serve so many roles (convener, purveyor of labor market data, provider of career navigation assistance, and facilitator of supportive services, to name just a few). As such, the system is often not able to fully carry out what should be its central function of providing workforce development skills. In fact, in many places less than a quarter of WIOA funds are expended for actual workforce development. In the past, this Committee has worked in a bipartisan fashion to update these programs, and I hope that you are able to again follow that path, because it is sorely needed. I believe the next reauthorization must, at a minimum, include these reforms: Require more funds to be targeted toward providing much-needed workforce development through what are identified as ``Individual Training Accounts'' under WIOA; Improve coordination with the Higher Education Act such as by providing incentives for one-stop operators to leverage Pell Grants-- particularly Workforce Pell--so as to facilitate skill development opportunities to far more students; Maintain current provisions which require state and local boards to be led by business; Remove the current cap under WIOA on pay-for-performance models, allowing states and local workforce boards more flexibility in establishing enhanced accountability systems with providers; Provide better tools for states and localities related to labor market information so that individuals can be provided the most accurate and up-to-date information available on what jobs and skills are needed today--not yesterday; and Consider changes which would strengthen the role of community colleges in the overall WIOA workforce development system. 1. Focus on Students, Not Systems: We must establish a ``no wrong door'' approach to education and workforce that provides a clear path to education and skills attainment. Whether the journey begins as a high school honors graduate or as an adult basic education student, there must be a clear path to an education and the American Dream for everyone. While our education and workforce systems are intended to lower or eliminate barriers to accessing education and employment, current policies too often place the highest barriers in front of those with the most need. For example, the processes for gaining workforce development services should not require so much information and bureaucracy. Congress should consider an effort, similar to the recent passage of FAFSA simplification legislation, to make other education and workforce programs more accessible. When barriers win out, the impact is not only felt by the individual--we all pay the price when their abilities are sidelined and their potential contributions to our economy and our society go unrealized. 4. Leverage and Promote Employer Partnerships: Developing America's talent is a responsibility that education systems hold jointly with the business community. Employers need to be part of the solution, but they cannot solve this problem in isolation. In particular, small and mid- size businesses must be able to rely on the workforce and education systems to supply them with qualified workers who are ready to work. The responsibility of any community college or workforce preparation program is to prepare students with the right skills needed to land a job. Knowing what those skills are can only be accomplished when there is active participation and cooperation with employers. In Louisiana, we have many examples of innovative and highly productive partnerships with industry. In the northwestern part of our state, General Dynamics IT, or GDIT, is working with Bossier Parish Community College where the company employs about 1,000 employees on the premises of the college. GDIT is able to expand the pool of potential employees to include rural populations, which is vitally important in a time of workforce shortages, and our rural communities benefit from salaries in amounts almost unattainable previously to the residents of those small towns. In the New Orleans area, our Mechatronics apprenticeship program, developed in conjunction with Greater New Orleans, Inc, or GNO Inc, our regional economic development partner, brings together three LCTCS colleges to meet the needs of three manufacturing businesses. Elmer Chocolate, Laitram, and Zatarain's identify promising employees, and each college teaches them a distinct set of skills to jointly prepare a highly sophisticated group of advanced manufacturing workers. In Louisiana's Fifth Congressional District, partners like Ethridge Pipeline and Conduit, are working closely with Louisiana Delta Community College to develop the workforce needed to lay broadband across our state. The company has donated equipment, taught classes, identified equipment manufacturers, and brought them to the table. In a matter of weeks, our colleges have mobilized to create workforce development programs across the state to meet the workforce demands for one of our nation's strategic priorities. Every single day, our colleges are working hand-in-hand with a wide array of industry partners to meet the most pressing workforce needs of our state. We have the data that reflect the need. It is our firsthand experience in the field, talking to business partners and to individuals who seek a better life, that gives me hope that we will meet the moment. First, we must have a strong policy platform that welcomes business partners to the table to help solve this challenge with us. In closing, I would like to thank you again for the opportunity to share some thoughts with you today. We know that our people and our economies will be more resilient, dynamic, and future-ready if we can free ourselves from historical structures and reconceptualize higher education and workforce development for the modern world. I ask you to imagine each of your districts spread across this great land. Education is the antidote to nearly every single issue we face as a nation. Can you imagine an America where every single household has at least one college degree or high-value industry-based certification supporting that household? Together, we can build a better America for all our citizens. Thank you! ______ Chairwoman Foxx. Thank you very much. I now recognize Governor Polis and a former member of this committee as I have said, for his comments. STATEMENT OF HON. JARED POLIS, GOVERNOR OF COLORADO Governor Polis. Good morning. Chairwoman Foxx, Ranking Member Scott, well it is good to be under the watchful gaze of Chair Conyers and Chair Goodlatte, I hope you return to your Committee Room soon, and wish you luck. Thank you for the opportunity to testify on the State of education. Today our country truly does face an education crisis. A crisis in quality, equity, access, and affordability. As leaders, we need to do what we can to strengthen our schools, create inclusive settings where all students can learn, empower our educators, parents, and school leaders to prepare every learner for success. That starts with strong early childhood education. Colorado has made incredible progress with free, full day kindergarten for every child, and now a new free universal preschool, which launches this fall, which will save families $6,000.00 per year, and prepare students for success. While the pandemic brought forward significant challenges, we saw teachers, students, parents, school districts, higher ed, and businesses step up in new and innovative ways. We also saw major Federal investments from COVID relief funds provided through the Elementary and Secondary Educational Relief, or ESSR funds, and the Governor's Emergency Educational Relief or GEER funds, that are already making a difference. In Colorado we used the lion's share of our ESSR funds to address learning loss, like starting the Colorado High Impact Tutoring Program, which offered 43,000 hours of tutoring to 3,800 students in its first semester. We have invested GEER money to create the Rise Education Fund, to invest in creative, locally driven solutions, to improve student achievement, and close achievement gaps in innovative ways, like the creation of a mobile learning center that brings resources, internet and learning opportunities directly to students in mountainous Lake County, Colorado. We also created the Governor's Bright Spot Award, to recognize the 21 Colorado schools that improved student performance two bands or more, on our State accountability system since the pandemic began. Like Rocky Mountain Elementary School, and St. Vrain Valley School District that implemented high-quality hybrid learning, provided a no-cost summer program that offered evidence-based literacy and math instruction, and improved greatly results over the last 2 years. We saw similar innovations across states like Indiana's Explore, Engage and Experience Grant Program that allows students to test out potential career pathways, and Washington's Reimagine Education Project, which integrates social emotional learning into alternative learning structures. We are also focused on supporting the mental health needs of learners, including through critical mental health supports, like IMatter, an American Rescue Plan funded program that now offers six free counseling sessions to all students in Colorado. We also continue to graduate more high school students with post-secondary credit, work skills and credentials. 53 percent of graduating Colorado students took a dual and concurrent enrollment course, and we want to grow that number. Colorado is also home to CareerWise, which now supports thousands of youth apprentices in not just Colorado, but Indiana, New York, DC, and Michigan. By blurring the lines between high school and higher education, we can save students money, help them gain skills, and set them up to successfully navigate life. As we do that, we need to make higher education more affordable and accessible. In Colorado, we have held tuition rates lower than inflation for the last few years, and we launched the Zero Textbook Challenge, which encourages Colorado institutions to expand the use of open educational resources, and eliminate textbook costs. I also want to applaud the Biden administration's effort to increase Pell Grant funding. It is not only about affordability, but also about ensuring students get a real return on investment, holding schools accountable, and protecting students from predatory practices. We need transparency so students can make informed decisions about where to spend their hard-earned time and money. All this work is to ensure that every student can get skills and knowledge to find a job that supports them and their family and meets the needs of our business community. In Colorado we have two open jobs for every unemployed person, which is why we are working to expanding training opportunities in new and innovative ways. For instance, we are now providing free community and technical college for students pursuing careers in healthcare, with the hope of expanding this to construction, firefighting, law enforcement, nursing, and early childhood education. 1,000 students were trained and entered the workforce within the first 3 months of this program. We are also in the process of expanding registered apprenticeship opportunities, and we created a first of its kind opportunity in the health center that integrates AmeriCorps and registered apprenticeships. I encourage Congress to reauthorize WIOA, so the states can continue directing key WIOA investments toward each state's unique, in demand workforce needs, including flexibility for key wraparound services like transportation and childcare, so people can get to work. Through all this work, states are leading the charge on innovative ways to support students and workers of all ages. We need to be bold and continue pursuing new and innovative ways to prepare all Americans for success. Let us turn this crisis into action. Many states see this as an opportunity to move forward and innovate, and I am hopeful that Congress can use this momentum to improve quality, equity, access, and affordability across education. Thank you. [The prepared statement of Governor Polis follows:] Statement of Hon. Jared Polis, Governor of Colorado Good morning, Chairwoman Foxx, Ranking Member Scott, and members of the Education & Workforce Committee. Thank you for the opportunity to testify on the State of Education. I have spent much of my career in education, from launching and running charter schools and serving on the Colorado State Board of Education, to serving in Congress, including on this Committee, where I helped to reauthorize the broken No Child Left Behind Act and Workforce Innovation and Opportunity Act, among others. Today our country faces an education crisis. A crisis in quality, equity, in access, and affordability. As leaders, we must do what we can to strengthen our public schools, create inclusive settings where all students can learn, and empower our educators and school leaders to give students the best education possible to prepare every learner for success, and power our economy. Early Childhood That starts with a strong early childhood system. Colorado has made incredible progress with free, full-day kindergarten and our new free universal preschool program, which launches this fall, and will save families at least $6,000 per year. K12 We must also work to make historic investments in our public schools. While the pandemic brought forward significant challenges, we saw teachers, students, parents, school districts, higher education, and business step up in new and innovative ways. We also saw unprecedented federal investments from COVID relief funds provided through the Governor's Emergency Education Relief (GEER) Fund and the Elementary and Secondary Education Relief (ESSER) Fund. These funds allowed Democratic and Republican Governors alike to get students back into classrooms as quickly and safely as possible. In Colorado, we used the lion's share of our ESSER funds to address learning loss, like starting the Colorado High-Impact Tutoring program, which offered 43,000 hours of tutoring to 3,800 students in its first semester and is expanding this school year with the use of additional ESSER funds. We have used GEER money to create the RISE education fund to invest in creative solutions to improve student learning, close equity gaps, and increase efficiency across the state, like the creation of a Mobile Learning Center housed in a repurposed school bus that brings resources, internet, and learning opportunities directly to students in mountainous Lake County, CO. We also created the Governor's Bright Spot Award to recognize 21 schools that jumped two or more performance bands on our state accountability system since the pandemic began, like Rocky Mountain Elementary School in the St. Vrain Valley that implemented high-quality hybrid learning, and provided no-cost summer classes that offered evidence-based literacy and math instruction. Last week I visited Chatfield Elementary School in Grand Junction, which improved three performance bands by focusing on professional development, aligning classroom work to academic standards, and providing additional support for struggling students. We saw similar innovations across states, like Indiana's Explore, Engage, and Experience Grant that allows students to test out potential career pathways, and Washington's Reimagine Education Project, which integrates social emotional learning into alternative learning structures. Now states are focused on improving student achievement, particularly around math, while creating safe and productive learning environments for every student, including major expansions to critical mental health support, like IMatter, an American Rescue Plan Act-funded program that offers six free counseling sessions to all students in Colorado. We also continue to graduate more high school students with postsecondary credit, work skills, and credentials. 53% of Colorado students took a dual and concurrent enrollment course, and continued investments will help this number grow. Colorado is also home to CareerWise, which now supports thousands of youth apprentices in not just Colorado, but Indiana, New York, DC, and Michigan. By blurring the lines between high school and higher education, we can save students money, help them gain skills, and set them up to better navigate postsecondary education. Higher Education As we do that, we must find ways to make higher education more accessible and affordable. The number of students pursuing postsecondary education is declining, and it is largely due to high costs. Bureau of Labor and Statistics data show that ``between 2006 and 2016, the Consumer Price Index for tuition and fees increased 63%, compared to 21% for other goods and services'' That is why we have proposed a new scholarship to support any graduate in the class of 2024 who is pursuing postsecondary education, and launched the Zero Textbook Challenge, which encourages Colorado institutions to expand the use of open educational resources. I also want to applaud the Biden Administration's efforts to pause student loan payments during the pandemic, provide widespread debt relief, and continue to increase Pell Grant funding. It is not only about affordability, it is about ensuring students get a real return on investment, holding schools accountable, and protecting students from predatory practices. We need full transparency so that students can make informed decisions about where to spend their hard-earned time and money. Workforce All of this work is to ensure that every student can get skills and knowledge to find a job that supports them and their family and meets the needs of our businesses. In Colorado, we have two open jobs for every unemployed person, which is why we are working to expand training opportunities in new and innovative ways. We are providing free community and technical college for students pursuing careers in health care, with the hope of expanding to construction, firefighting, law enforcement, nursing, and early childhood education. 1,000 students were trained and entered the workforce within the first 3 months of this program. Similarly, Texas has set a goal for 60% of Texans ages 25-64 to earn industry-recognized credentials through their Credentials of Purpose and Value program. We are also in the process of expanding registered apprenticeship opportunities, and have created a first-of-its-kind opportunity in the public health sector that fully integrates AmeriCorps and a Registered Apprenticeship. I call on Congress to reauthorize WIOA so that states like Colorado can continue directing key WIOA investments towards its unique in- demand workforce needs, including key wraparound services. Conclusion Through all of this work, states are leading the charge on innovative ways to support students and workers of all ages. The COVID pandemic exposed many of the cracks within our systems, showing us that we cannot rely on the old way of doing things. We have to be bold and continue pursuing new and innovative ways to prepare all Americans for success. Let us turn this crisis into action. Many states have seen this as an opportunity to move forward, and I am hopeful Congress can use this momentum to increase equity, quality, access, and affordability across education. Thank you. ______ Chairwoman Foxx. Thank you very much. Finally, we will hear from Mr. Pulsipher. STATEMENT OF SCOTT PULSIPHER, PRESIDENT, WESTERN GOVERNORS UNIVERSITY Mr. Pulsipher. Chairwoman Foxx, Ranking Member Scott, and members of the committee, I am grateful for your convening this hearing and for the opportunity to offer perspective on the State of higher education. WGU is a private, non-profit institution founded in 1997 by a bipartisan group of 19 Governors, who saw the opportunity to leverage technology and competency-based education to improve access, quality, and outcomes in higher education. Our mission is to change lives for the better by creating pathways to opportunity. Today we served more than 200,000 students and graduate 45 to 50,000 during an academic year. Two-thirds of who belong to one or more historically underserved populations. The challenges plaguing our higher education system are many and complex, to which our best response will be guided by the simple principle creating value for students. This became abundantly clear when attending my first WGU commencement as graduates shared the journeys they took, and the hurdles they overcame to achieve their degrees. Many were in their 30's and often accompanied by both parents and children, reflecting upon this in the nearly 50 commencements since. It is clear that for many, education is far more meaningful than a coming-of-age experience, or some external validation. It is a gateway to a better life for themselves and their families. That is the promise we all should expect of higher education. This is not to diminish the role of research universities, nor imply that the purpose of higher education should be reduced to job training, nor is it to force tradeoff between advancing citizenry or career enablement, as both are fundamental for the well-being of well-functioning individuals and society. I would argue that the challenges today center primarily around the growing failure to live up to education's promise as a great equalizer. Indeed, data show our most vulnerable students are disproportionately likely to leave college with considerable debt and no degree, or at least one that took far more than 4 years to earn. Post-college earnings for low-income students are generally lower than those of their wealthier peers. Over the last 50 years, while completion for those from the top income quartile has increased from 40 to 62 percent, for their peers from the bottom income quartile it has barely risen. From the bottom income quartile it has barely risen from 6 to 13 percent. We are leaving too much talent on the table and paying dearly for it, both in skyrocketing costs, and in persisting workforce gaps. Policymakers have worked to mitigate the risks that students experience from a poor return on investment. Instead of triaging a flawed system with well intentioned, but short-sighted solutions, we need to address the root problem. Higher education has been engineered beyond its primary objective, enabling economic and social mobility for its students. Institutions contend with competing priorities, established budget mechanisms and conflicting incentives. It can favor selectivity, constraint enrollment, drive up costs, and propagate outdated models, layer in regulatory prescription and cultural nostalgia, and change becomes challenging to the point of impossible. WGU was founded by design to better serve those poorly served, underserved, or not served at all by conventional options, with a focus on access and outcomes. 26 years later WGU has graduated more than 300,000 individuals who are employed at rates at or above national averages, with income gains one-third higher, who report higher levels of engagement in their jobs and in overall well-being. Many aspects of WGU are unique, but our success in serving students may not be. Congress can promote greater clarity, purpose, and expectations in higher education, whereas much of current policy is left at highly regulated as to process, and unaccountable as to student outcomes. Safeguards are certainly needed, but safeguards that regulate inputs mostly reinforce convention and constraint innovation that holds the promise of enabling the very outcomes that safeguards intend to secure. Congress can help flip this paradigm with an emphasis toward enabling innovation with accountability, particularly in access. Enabling the future workforce starts with dramatically expanding enrollment, and never before have we had such powerful tools as technology, the internet, and new models of learning, including competency-based education. Relevancy--ensuring credentials and earned and skills keep pace with the future work, and new credentials and pathways can be developed appropriately sized and timed to an individual's career development and workforce needs. Costs and value--improving affordability by incentivizing lower costs and better choices, rather than how to pay for ever increasing costs, and holding institutions and students for credential attainment and value. Ultimately, outcomes are paramount, as access without attainment is an empty promise, especially when underwritten by the taxpayer, and when students hold the debt. Quality is not a matter of mode, method, or model, but completion and value for students. It is much a moral hazard to fund access without completion, as it is to achieve high completion rates by precluding access. With the proper incentives in place Congress can help reinvest a system that is accessible, affordable, completable, and relevant to opportunities and workforce needs. Most importantly, we can dispel the disheartening claim repeated by far too many that college is not for me. Education is and must be for everyone, both for the sake of the individual and our whole society. Thank you for the opportunity to testify, and I now yield to the committee. [The prepared statement of Mr. Pulsipher follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Foxx. Again, thank you all very much for your very enlightening comments. Under Committee Rule 9(a) we will now question witnesses under the 5-minute rule. I will wait to ask my questions, and therefore recognize Mr. Wilson from South Carolina for 5 minutes. Mr. Wilson. Thank you, Madam Chairwoman, and best wishes on your service as Chairwoman. Chairwoman Foxx. Thank you. Mr. Wilson. We are just so happy to have you. Thank you to our witnesses for being here today. It is especially good to see an alumnus of college, Governor Polis, although he is going to be in a way violating union work rules with a big smile he has that indicates he is happy to be here, but he cannot wait to get home, and so best wishes on your service. Mrs. Gentles, you have cited what is going right in American education. You call Arizona the gold standard for education and freedom as the passage of the Universal School Choice Bill last year. Can you explain how the law works, and how you consider it the gold standard? Mrs. Gentles. Yes. Arizona has had a program called Empowerment Scholarship Accounts in place for over 10 years, and these provide State created savings accounts that can be used for eligible education purposes for K-12. These can be tuition, but also tutoring, therapies, textbooks, and if the funds are left over they can be even rolled over and used for college. The program was expanded for universal eligibility, setting a model for other education savings accounts in the country. There are over 10 states with these programs now, and we think that this is the future because it offers control, freedom, and flexibility for parents. Mr. Wilson. Well, it is really a great model for the rest of the country. Congratulations. Dr. Sullivan, you discussed how the rapid developments of technology and increasing skills demands in the modern workforce. I am really grateful in my home State of South Carolina. We have been promoting technology. It has resulted in my hometown of Lexington, South Carolina, the largest Michelin tire company corporation investment in the world. Additionally, it has led to our State now being the leading manufacturer exporter of tires. Then with success in our State, with Governor Carroll Campbell of BMW, we are now the leading with Volvo and Mercedes plants now, we are the leading export of cars, but it is due to the technology and the technical schools that we have that made this possible. With the development of the workforce development system, it has to evolve. How can the workforce system better embrace technological innovations to increase efficiency and improve the services available to job seekers? Mr. Sullivan. Thank you, Mr. Wilson, and congratulations to South Carolina on the incredible, great work that you have done. We have been on the other end of some of those competitions that you have won, and we are very proud to see the progress going on in South Carolina, and great work by your community and technical college system there to make sure that the State of South Carolina has the workforce talent that they need in order to be able to support those businesses once they arrive. It is important to note that I mentioned 60 million adults in this economy with a high school diploma or less. Each year in the State of Louisiana we graduate about 40,000 kids from high school a year, yet we have 1.1 million working age adults who have a high school diploma or less. Oftentimes, they are the same parents to the young people that we were just describing. From our perspective, we must build in continuous opportunities for on ramp and for individuals to get into education, short-term training to get the education that they need to be able to take on that first job, but then also a great relationship with the employers, like the ones that you mentioned, to help advance the education of that individual so they understand the technology. Mr. Wilson. Thank you very much. Hey, we enjoy the competition with you, but it is not fair when you bring people to Mardi Gras season, it has an unfair advantage. Mr. Pulsipher, you were going through the Western Governor's University's responsible borrowing initiative. Can you go through even further, how does this benefit students? Mr. Pulsipher. Yes. Thank you for that question Representative Wilson. The responsible party initiative is simply based upon the principle that if you give information-- if you give better information to individuals, they make better choices. What we do is we actually expose to our individuals what the total cost of attending and completing their degree will be at WGU and make recommendations to them as to how much they should borrow. What we have actually found is that, you know, if only two- thirds of the students actually follow that recommendation, and another 5 to 10 percent end up actually choosing no Federal aid whatsoever. What that has allowed WGU graduates to achieve is that we have reduced the borrowing by 30 percent in terms of debt per graduate. It has declined by 30 percent since the Responsible Borrowing Initiative, and we have actually also reduced the total number of students who are attending WGU, and their actual use of financial aid to do so. Mr. Wilson. Well, thank each of you for coming, and again, Governor, we are happy to have you here. I yield back. Chairwoman Foxx. Thank you, Mr. Wilson. Now I recognize Ms. Wilson for the purpose of questioning the witnesses. Ms. Wilson. Thank you, Chairwoman Foxx and Ranking Member Scott, for convening today's hearing. Last night during his State of the Union address President Biden said let us give public school teachers a raise. They deserve a raise. Everyone in the chamber gave a standing ovation. Everyone on both sides. I could not agree more. Later today, I am introducing a bill with Mr. Bowman, and with the vast majority of the Democrats on this committee to do just that, the American Teacher Act. The American Teacher Act sets a $60,000.00 minimum teacher's salary nationwide and provides a cost of living adjustment for teachers making above $60,000.00. Low teacher pay is one of the many factors contributing to teacher shortages across the Nation. Chairwoman Foxx got it right, our education system is in fact in crisis. We have thousands of unstaffed classrooms, partly because of low teacher wages. As a former Miami-Dade County teacher, principal, and school board member, promoting the vitality of our Nation's education system is my top priority. I see the struggle to recover from COVID-19 pandemic in my community every day, from elementary school classrooms to college lecture halls, that is why Democrats put a plan forward to help our schools during the 117th Congress. In Miami-Dade County public schools, even with Federal support, officials are still grappling with teacher shortages amidst a growing migrant population in the region. A recent report from Broward County schools revealed a disturbing increase in behavioral incidents connected to COVID related trauma and stress. Despite these challenges, my Republican colleagues have decided to weaponize their newfound majority to politicize American education. Proposed Republican reforms, including the Parents Bill of Rights, are nothing more than political posturing. These proposals are nothing more than an appeal to the most radical sectors of our Nation. They fail to address the needs of students and staff across the education spectrum, leaving them ill-equipped and under-prepared for a post pandemic economy. The democratic members of this committee are here to continue the work we started in the 117th Congress, with one goal in mind--strengthen our education system. Remember, this is only the beginning. Democrats will stay the course. We will fight this right-wing extremist agenda. Our amazing students, teachers, college professors, school personnel and parents deserve nothing less. With that, I have a few questions. Welcome back Governor Polis. I sat next to you on this committee. You said in your testimony that we are in a crisis of equity and access to higher education, and I agree. A large component of that is cost. The cost of a higher education degree has skyrocketed, and students have become saddled with debt. I am pleased that the Biden administration has taken significant efforts to address this crisis, including one-time debt relief, changes to the income driven repayment program, and changes to public service loan forgiveness programs. Unfortunately, my colleagues have slammed these efforts as a back door scheme from the Democrats. I believe these are necessary to fix a broken long system. Why are these administrative actions necessary for borrowers, and what can Congress do to build on the administration's work to address some of the biggest issues with the loan system? Governor Polis. Thank you, Representative Wilson. The cost of a college education has rendered it less accessible now, rather than more accessible for many Americans. It has increased at a higher rate than inflation for much of the last several decades. We are grateful for Federal programs that are able to help students meet the costs and break down those barriers. Those include Pell Grants, and I am very supportive of the Biden administration's efforts to increase Pell Grants, as well as efforts to support innovation and excellence. This work of making sure that we align investment to outcomes, and making sure that students receive value for the education they get is also important. It is important to look at the cost, and at the same time to look at the benefit, and make sure that any investments that the Federal Government is making, as well as we're doing this in Colorado with our State investments, make sure that the benefits exceed the costs of the investment that we are making and helping the students achieve success. Chairwoman Foxx. Thank you very much. I now recognize Mr. Walberg from Michigan for 5 minutes. Mr. Walberg. Thank you, Madam Chair, and thanks to the panel for being here, including our colleague who is still our colleague, just on a different committee. One of the biggest drivers of the cost of higher education is the fact that graduate students have no limit on borrowing. Studies show many master's degrees do not have an equal return on investment. In fact, one study found approximately 40 percent provided a negative return on investment. Mr. Pulsipher, you mentioned in your testimony that your institution has focused on delivering a valuable education to its students, by focusing on degrees and certifications that lead to in demand careers. That is interesting--while keeping costs low for students. That is interesting as well. Can you elaborate a little bit more on how you create these programs, specifically, while keeping the costs low? Mr. Pulsipher. Yes. Thank you for that question Representative Walberg. We start with the fundamental principle that education has to be a path to opportunity. We start from that opportunity and work backward if you will. We directly identify those skills and requirements that are needed in the workforce, particularly the future workforce. That can come from partnerships with a company called Light Cast. You can do a great library and catalogue of all the skills that are needed. Once we identify kind of macro demand out there, we then start working directly with employers and associations that represent that topical, or kind of that field of study and domain of expertise, such that we are gaining that input directly into the design and development of our curriculum so that we know that fundamentally that when our students complete those programs, that they're actually ready, and possess the skills and competencies that are needed to be successful in the workforce. This is why 98 percent of our employers are hiring WGU graduates again, and they rate them as highly skilled, or highly prepared for the workforce, as do the students and graduates themselves. As it relates to making it affordable, we have something that addresses both the tuition and the cost of completing a program, but also can accelerate the time to complete it. We simply want first and foremost, to keep our tuition costs at under $4,000.00 for a bachelor's degree per a 6-month term, not for the competency based approach, it actually allows individuals to go at a pace that is right for them, such that in 6 months students can complete as many courses as they are able. We do not track seat time in the course. What we track is competence to that, such that on average our bachelor's degrees--our graduates of bachelor's degrees are completing in two and a half years at a cost of less than $20,000.00 total. Mr. Walberg. Oh, that is a savings. If it produces the quality, and you have indicated that it has, as a result of what the employers are saying. I appreciate that. Let me move on to another track. Parental involvement in the education of their children, and I see that as good. With all due respect, I do not see that as anything other than how it ought to be. It is paramount to a student's success. However, in recent years we have seen a push by teachers' unions, and school districts, sadly, to exclude parents from the education of their children. This is why I recently introduced the Protect Kids Act with Senator Tim Scott. Ms. Gentles, you noted in your written testimony the harmful impacts of ideological indoctrination in our schools, especially on young children. Do you believe this is driving a wedge between parents and their own children? Mrs. Gentles. Well absolutely, and it is designed to. The idea of telling children that their parents---- Mr. Walberg. It is designed to? Mrs. Gentles. Yes. When we are talking about gender ideology specifically, there is an intention there to tell children things that are biologically false, that a child could be born in the wrong body, or a child might be born a boy, a girl, both, or neither. Then instruct the child that if their parent questions them on this, that they bring that information home, that their parent is a bigot, and that their parent is hateful. If the child chooses to choose one of the 70 plus gender identities that are taught in school, that--and if the parent questions that, then the parent must want them dead. There is a lot that is always pushed out there about suicide, or the parent will kick them out. The child will be homeless. There is absolutely a wedge that is being driven. Then when we talk about gender support plans, that is intentionally hiding information, so it creates a secret between the school and the child that they are keeping from the parent. That is a very clear wedge. Mr. Walberg. Yes, where a disagreement, or not to keep secrets causes great concerns. Would you say that it would be important then if the schools do this intentionally, keeping those secrets they should lose their Federal funding? Mrs. Gentles. Actions have to be taken. It has to be sent in a very clear message to districts that--and to schools, that this is not acceptable. We see State legislation that is addressing this, and I understand that you and Senator Scott have introduced legislation as well. Those messages have to be sent very clearly, that gender support plans, keeping secrets from parents, pushing children down a path to medical transition must stop. There must be a consequence. Mr. Walberg. Thank you. I yield back. Chairwoman Foxx. Thank you so much. Ms. Bonamici, I now recognize you for 5 minutes. Ms. Bonamici. Thank you, Chair Foxx and Ranking Member Scott. I want to start by expressing my strong opposition to the notion that the solution to the so-called crisis in American education is to funnel taxpayer dollars to unaccountable private schools, and for-profit charter schools. Voucher programs of all types, whether they are traditional vouchers, education savings accounts, or tax credit scholarships, undermine the effectiveness of public education. Research has shown repeatedly that vouchers do not improve student achievement, and when policymakers make a conscious decision to give coupons to certain students to attend private schools, their message to the millions of students still attending public schools is you do not matter, it is not important to use to equip your school to serve you, and all students well. A real crisis in American education is that many of my colleagues in Congress and in State legislatures, are applying a device of strategy rooted in discrimination toward an exclusion of LGBTQ students, and students with disabilities, trying to censor and silence content that does not fit their political ideology and agenda, defunding public schools, and failing to address gun violence. I spent more than 15 years as an active parent volunteer in public schools, and an advocate for public education. I was in many schools, many classrooms, and many conversations. We can all agree that parent and family engagement is an instrumental part of creating a safe, inclusive, and supportive public school environment for all students. I welcome the opportunity to work with my colleagues on the other side of the aisle to uplift best practices, evidence based practices in family engagement, rather than pit parents against their kid's educators and schools. Governor Polis, it is great to see you. Welcome back. I am grateful for your leadership in closing the opportunity gap for students in Colorado and in helping students recover lost learning time from the pandemic. You understand that developing parent and family engagement strategies is a requirement under ESEA for schools receiving Federal funding. I have a two-part question, and this is my first question. Why is it important for educators to authentically and meaningfully engage with parents and families, and how are Colorado's school districts implementing parent and family engagement strategies that reach culturally, linguistically and socio-economically diverse parents and families, and that support the health and well-being of LGBTQ students? Governor Polis. Thank you, Representative Bonamici. Involving parents is absolutely critical to success. When you look at best practices at the site level, principal, school leaders, at the classroom level teachers, one of the big markers for success is how well parents are included in that process. I have seen school leaders do inventory of skills of parents and find ways that parents can supplement and provide additional learning opportunities for kids. At the classroom level, making sure that parents are partners, and know what their students are assigned for homework. A lot of new technologies have enabled more involvement with parents on a regular basis, which is absolutely wonderful toward achieving success. We do it through conventional structures, like PTAs and PTOs, but also at the classroom level in new and innovative ways. When you look at the bright spot schools that achieved two bands of achievement during the pandemic, which is a very challenging time, every school had their own localized strategy. One common theme across many of them were successful strategies to involve parents, and sometimes even the community at large in the education. We appreciate the Federal investment, and helping to forge parent, student teacher partnerships with all learners, including learners from diverse backgrounds, which in a State like Colorado and many states across the country, often means you need to look at different languages. When you have parents that speak Spanish, or Vietnamese, or any other language, and you can't always just rely on the student as that translator. It is often too much to put on the shoulders of a third or fourth grader, and the student itself might not be fully proficient in both languages. Making sure the schools have access to not just the second most language. In our State we are providing the access in Spanish is relatively easy. We have elementary schools in Aurora, Colorado that have 28 languages that parents speak at that school, and making sure it is successfully---- Ms. Bonamici. I do not want to cut you off, but I just want to ask you about--you said you visited Chat. Is it Chatfield Elementary School? Governor Polis. Yes. Ms. Bonamici. You could tell when you enter a school, you know, there is a joy of learning, and you know, the students thriving. Can you tell us a little bit about the visit, and elaborate on how COVID relief funds helped make improvements possible, and helped your State focus on professional development for Chatfield. Governor Polis. Chatfield Elementary is a school in a lower income area of Grand Junction, Colorado, Clifton area. It was in turnaround status, which is our lowest performance status 3 years ago. They were able to improve to above average status over 3 years. What did they do? Really of course, as always, the leadership and the team of educators play a key role. They better aligned their classroom practices to the standards. They engaged in extensive professional development. The ESSR funds were used by the school to provide literacy coaches and math coaches, and they were able to improve, over the last 3 years, to be above average. Three bands of performance over the last 3 years, which is quite remarkable. Ms. Bonamici. Thank you so much. I see I am over time. I yield back. Thank you, Madam Chair. Chairwoman Foxx. You are forgiven. Mr. Allen from Georgia, you are recognized for 5 minutes. Mr. Allen. Yes. Obviously, I thank you Chairwoman Foxx, and thank you to our witnesses. COVID shined a bright light on education in this country, and certainly a very bright light on the parents and their choices of what the best educational environment would be like for their children. In the 12th District of Georgia, we are a proud home of the Heritage Academy, an independent school that offers crisis centered education, and then we have the Dublin city schools, a rural public school district that has implemented charter systems. Dublin City schools offers the choice between two themed elementary schools for specific learning paths, a science technology engineering arts and math, or STEAM school, and a leadership in environmental awareness in public service, or LEAP school. In fact, I was there when the young people recited Steven Covey's seven habits for success. It was impressive. I cannot recite those. We have clearly seen the advantages to school choice in our district. Ms. Gentles, can you explain some of the barriers that we face as far as school choice that we have here in our district in Georgia? Ms. Gentles. Well, there has been a great expansion of school choice over the last three decades. 45 states have charter school laws. Many states have open enrollment. Magnet school programs, which provide public school choice, and then of course, over 30 states have 65 or so private school choice programs. There is a wide array of options out there. There are numerous studies showing that there are great benefits, specifically to the private school choice program, 26 out of 29 studies have shown that those programs benefit the public school students around them, so we definitely want to overcome any barriers that are there because these are beneficial programs. Barriers in place seem to be myths. There are a lot of myths around school choice. I think it is important for people to recognize that what is said is often just a talking point, and not true. What needs to happen is that people, especially policymakers, need to talk to the families--often low income families, who are benefiting from school choice programs, and whose lives have been changed, and recognize that those myths need to be set aside, and those barriers need to be overcome, and those policies need to be implemented. Mr. Allen. Heritage Academy is an example of a low income school where the kids are really rock stars, and doing great. Dr. Sullivan, you mentioned the importance of partnering with employers to prepare students with the right skills. In our district Tech Strong specialized vehicles, or better known as E-Z-GO, has partnered with the Richmond County School system to implement the reaching potential through manufacturing an RPM program to offer on the job training and employment opportunities, really to take kids from low-income neighborhoods, and just show them that you know, the American dream is for everybody. I come from a business background in construction, and I believe that some skills are best learned through real world experiences, and I am proud that the 12th District of Georgia is not waiting until after high school graduation to give these kids the tools and the ambition they need to succeed. Can you discuss how these types of partnerships with employers have created work-based learning opportunities for students and how Congress can ensure that work based learning opportunities are available to job seekers around the country? Mr. Sullivan. Yes sir. Thank you, Mr. Allen. I would just point out that I think we all can agree that working and earning a living sooner, rather than later is a good thing. Ensuring that people are in a training program, an education program that also allows them to be able to work and make a living, perhaps it is a registered apprenticeship, perhaps it is an earn while you learn model. Regardless, starting with the business partner, and beginning with the end in mind. The end in mind being the skillset that the individual needs in order to be able to go to work in that environment. It doesn't stop there. That is the beginning. As we look at the student population, our average age student is 27--27. A full decade has passed for many of these students by the time they get to that employment circumstance. I would just urge that Congress continue down the path of ensuring that it is about the value proposition. Many of the students that show up at our colleges, they only have six, eight, 10 weeks to get in, get the training they need, get out and make a living. But we also have to ensure that they are able to come back. They are able to continue that growth along the career path that is going to help them to sustain their families. Mr. Allen. Thank you very much, and Madam Chair, I yield back. Chairwoman Foxx. Thank you, Mr. Allen. Mr. Takano, you are recognized for 5 minutes. Mr. Takano. Thank you, Madam Chair. I have to say I want to address my disappointment that extremists are being given a platform to push problematic narratives, and misinformation about hypothetical issues in order to spread confusion and distraction. It is distressing because the very, very young people that need our protection because they are the ones that are targeted with bullying and harassment. As they grow older, even death, they are specifically trans minority individuals are specifically the targets of violence. Violent murder. It is now more than ever, it is critical for us to rise up to support, not scrutinize trans and queer students. We must be supportive of their parents as well. All students deserve to feel safe, comfortable, and supported in their school so they can focus on their education. Supportive educators, whether they belong to a teachers' union or not, and there are supportive educators who are members of unions and supportive educators who are not, but they are essential. They are an essential resource for young people, especially transgender youth and queer youth who may feel isolated and unsafe. With that, I just want to return back to the substance of why we are here. Governor Polis, welcome back. I want to focus on just the tremendous resource that were provided by both Republicans and Democrats. The CARES Act was a Republican led act. The ARPA was democratic, to meet the needs of states and school districts to safely reopen. You mentioned some of the things that you have done with those resources, but I want to drill down and to the things that, you know, the pandemic. Unfortunately, the school closures were a result of a very real response to over a million of our fellow Americans dying. That is a fact. Whether schools should have been opened up earlier, that is a matter of debate, but we need to focus on how we help young people now adjust to coming back to schools. Can you tell me what kind of resources have gone into mental health services, and high schools, and kids that were teenagers kept in their homes. Any teenager, regardless of you know, gender identity, or LGBTQ status or whatever, that is a tough time to sort of be couped up at home, but tell us about the readjustment that is going on in Colorado schools? Governor Polis. First of all, I think I speak for really all Governors just saying we are grateful for the flexibility, as well as superintendents that we had. I think we were able to meet local needs in each of the areas across our State very effectively, and we appreciate that the aid of both CARES and ARPA was allowed to be used to meet the local need, rather than a particular program or investment. In many areas very simply, extended learning time, which means free summer academies for learners that are struggling, after school tutoring programs are supported widely with ESSR. Through the GEER piece, which we deeply appreciate, we are able to design a program that broke down barriers that existed between school districts and community colleges, and other educational entities to support aligned work toward improving student achievement. We were also out of the American Rescue Act funds, able to fund the IMatter Program, which is providing mental health support. Every Colorado student has access to six free counseling sessions. One noteworthy aspect is the universality of it. They can be virtual, and they are in many places, areas where otherwise students might not be able to access a mental healthcare provider, or someone to talk to. Mr. Takano. Thank you. Thank you, Governor. Mr. Pulsipher, I have been interested in--well, as a former credential creep, I have seen professions, professional sort of certifications. I see the academic work you've got to do just to sort of expand. Physician assistant programs for example, I had one in my community college that you could get a physician's assistant certificate, or certification in 2 years. Often people coming out of the military, they came to the community college just for that reason. Then the accrediting body, the independent accrediting body, said you had to make it a master's program. I am wondering if there is a way for us to reverse that trend because I am interested in people being able to get high-paying credentials, but what do we really need to do to educate that person? Governor Polis. We would welcome you to take a look at Federal involvement around expanding the scope of practice so people can practice with the training they have. We have been very thoughtful about applying a skill's based hiring model to the State, as well as expanding the scope of practice for nurse assistants and others, so they can practice fully up to their level of training, and do not require additional college just for the sake of college. We would welcome increased Federal interest in that, and we look forward to visiting with you off line about that. Mr. Takano. Okay. I meant that for--thank you, Governor Polis. I meant that for Mr. Pulsipher, but my time is running out, and I wish--I will talk to you both. Chairwoman Foxx. I will allow Mr. Pulsipher to answer the question since there was a misunderstanding. Mr. Takano. Thank you, Madam Chair. Mr. Pulsipher. Thank you, Representative Takano, thank you, Chairwoman as well. I think we would have to agree with you on that point, which is that the better we can do to design learning outcomes that directly map to the skills that are needed in the workforce, and make sure that in fact individuals who are traversing those programs, are assessed against their proficiency against that. That we want to make sure there is more traversable, more accessible, and that individuals can get into the workforce sooner rather than later. There is certainly, even the bachelor's degree notion itself, this idea that you have to have 120 credits of learning before you are actually ready for the opportunities, like that itself is actually a pretty heavy lift, and we have seen that creeping go up in teacher preparation programs where it is very difficult to even deliver teacher prep in a 4-year program. That is being done by states, and you know, and different bodies in nursing and healthcare, and places like that. That is troubling as you consider the costs and the readiness of the graduates that we are trying to get through those programs. Chairwoman Foxx. Thank you very much. I now recognize Congressman Banks from this great State of Indiana. Mr. Banks. Thank you, Madam Chair. Chairwoman Foxx. I thank him for his patience. Mr. Banks. Thank you. Governor, I used to live in Colorado. I always respected you, long before you were elected to office. You were not afraid to go against the grain and stand out and talk about education reform, charter schools, school choice, and that is something I have always admired about you. I was the first Member of Congress during the pandemic to introduce a bill to keep schools open during the pandemic, and I watched closely what was going on in Colorado at the time. You were outspoken as well about keeping our kids in school where they belong. You took a lot of criticism for it. In fact, back in a press conference in July 2020, you were quoted saying, ``I believe we cannot interrupt education. We cannot sacrifice our future, and our children's future just because of the pandemic.'' You took a lot of heat and criticism for saying that. The teachers' unions howled about it. The Colorado Education Association expressed their great disappointment in you for saying that, and they were outraged at your decision to keep schools open. Obviously, we learned a lot of lessons during the pandemic, but when it comes to keeping our kids in school do you feel vindicated by that decision, looking backward? Some of the lessons that you learned from going against the grain, going against the teachers' union, and the criticism of some in the political class, to keep our kids in the classroom? Governor Polis. Well, thank you, and again congratulations on Indian's Explore, Engage and Experience Grant funded through the American Rescue Act funds. It was a difficult situation in that there were multiple constituencies. You had parents, some of whom wanted to send their kids back to school, some of them who were not yet ready to do that and wanted to continue online. You had teachers ready to return to the classroom, eager to return to the classroom. You had other teachers, some of them with pre-existing health conditions that were not. We tried to work with our school districts as best we could to return in person instruction. What does that mean? We had a program where we offered, for instance, free masks to every teacher and every student who wanted them, as a way to encourage students and classes to return. The majority of our school districts were back all of the 2020 school year. Like in a lot of states there were some of the larger municipal districts that took a few more months to fully return to in person instruction. We wanted to be partners with parents, with teachers, with school leaders, and what do you need to be able to get back to the classroom so that we can continue to move forward. Mr. Banks. You wrote a letter to Education Secretary Cardona last April denouncing changes proposed by the Biden administration of Federal rules to make it harder for charter schools to get startup grants. You followed that up with an op ed in the Washington Post titled, ``The Education Department's fix for Charter Schools is Misguided.'' You made the case for charter schools by saying they are some of the most innovative, accessible, and successful schools in Colorado, and across the country, and that we should support charter schools, and that the Biden administration's effort is undermining the success of charter schools. You know Governor, I could not agree with you more on that. Do you stand by what you wrote in that letter, and the article in the Washington Post? Governor Polis. Charter schools mean different things in different states because the different states have different authorization laws. The lens that I really tried to frame this crisis, quality, access, equity, and affordability. Done right, public charter schools can contribute to quality, to access, to equity, and affordability. While I did not think that the change in the rules were necessary, I was pleased the Department of Education did incorporate many of the comments, and critics like myself included, to make the changes more workable to help support new charter schools. Mr. Banks. What else should the Biden administration do to support charter schools? Governor Polis. You know I would encourage the administration to really lean into innovation in all its forms, as the Obama administration did, and the Trump administration did. That means that whether it is an innovative district program, a charter school, or a hybrid type program, we should support excellence and innovation. Now that also means, of course, accountability and quality. It does not mean we should be throwing money at programs that do not work, but that key role that the Federal Government can do is to help to be a catalyst before the schools open and get their funding, and that is really what the Charter School Innovation Grants are meant to do. Like any public school, they are self-sustaining over time. Before they come online they often need help, and I think that is a very fruitful area to look at investment around how we can encourage districts and charter schools to innovate. Mr. Banks. Governor, I have three daughters. You have a daughter. Do you think it is unfair that biological boys are allowed to compete against biological girls in sports? Governor Polis. Well, my daughter is 8 years old. She plays in Little League baseball in Boulder, Colorado, and it is a co- ed league. It is probably about 10 percent girls, about 90 percent boys. She is every bit as competitive as them, and you know, some of the girls want to be on the same team. We have about half the girls on our team, even though they are about 10 percent across the league. If I was not Governor, or in Congress, I would probably be the coach. Mr. Banks. Pretty soon your 8-year-old will be 15-16, and I wonder how you will feel at that point. With that, Madam Chair, I yield back. Chairwoman Foxx. Thank you very much Mr. Banks. I now recognize Dr. Adams from North Carolina for her 5 minutes. Ms. Adams. Thank you, Madam Chair, and congratulations on your appointment. You know, as a retired educator of 40 years, as a proud mom of a public-school principal, I just want to echo the sentiments of my colleague, Ms. Wilson, and President Biden last night. Clearly, we have got to do better by our teachers. Governor Polis, thank you for being here. Welcome back. In 2019 you announced a road map to build on college affordability efforts in Colorado. As an avid supporter of programs like the Sea Campus Program, and many of the emergency grant programs spurned by Federal COVID relief dollars, I was excited to see that one of the strategic goals within this road map is to increase college completion. As we both know, many students struggle with barriers to completion, such as lack of access to childcare services, or even struggling to access funding to cover tuition, or last- minute emergencies. Governor, would you talk a little bit about promising efforts institutions in Colorado have used to enhance wraparound support services that help students thrive, both academically and non-academically? Governor Polis. Using American Rescue dollars, we recently, last year, made it free to get a community college degree in healthcare related fields. We all know the urgent needs of the healthcare workforce. That includes EMT, phlebotomists, nurse assistant, a number of others. When I went to Community College of Aurora to announce that program, one young man shared his experience with me. He was training to become an EMT. Since we made it free, and by the way it is a real free, meaning not only no tuition, no textbooks, no fees, it is completely free. He said with the money that I saved because this program is free, I was able to fix my car to get to college. That is what we mean when we say wraparound services. It is about how do you get there. If you have a 3-year-old kid, how does your kid have childcare so that you can attend the program to better yourself and your earning livelihood? We have to look at this expansively when we look at barriers. Yes, cost is one of them, but it could be something as simple as time of day, because you have to have a full-time job during the day. You need an evening program. You might need childcare. You might need transportation. You might need assistance with food. We have a hunger free campus's initiative because it is hard enough to learn on a full stomach, how hard is it to learn on an empty stomach? Those are some of the ideas that we have been able to use American Rescue Act funds to pursue. Ms. Adams. Great. Thank you very much. Madam Chair, I am going to yield back the remainder of my time. Chairwoman Foxx. Thank you very much. You get a gold star. Mr. Owens, you are recognized for 5 minutes. Mr. Owens. Thank you. Thank you very much. First of all, I wanted to congratulate all of you. This has been well overdue. This conversation. This is an area that we have had problems for decades, and we are now seeing the results of that. I was aware back in 2017, to see reports coming out of the Department of Education, that 75 percent of the black boys in the State of California could not pass standard reading and writing tests. Now unfortunately, as terrible as that news is, it kind of went over the head of most people. They were not surprised. They just kind of figured that is the way it is. Well, now we are seeing across the country the power of the unions that led this demise of education and hopes in California was going across our country. I think it is timely that we are doing this. I think now, this country, we are waking up. We do what we do best. We are going to win, get our kids back, and give them the chance to really believe in the American dream. I want to thank everyone here for your background, for your expertise, and for educating us and the American people. We are going to get this taken care of. Mr. Pulsipher, the costs of obtaining post-secondary credentials has nearly tripled the rate of inflation over the last two decades, forcing students to borrow for degrees without any guarantee that it will see a financial return for the time and money invested in the program. In your testimony you mentioned institutions like students and taxpayers, need to have skin in the game when it comes to student loans, such as requiring them to reimburse students and taxpayers for the share of the financial loss associated with non-repayment. How would this such requirement change incentives for colleges and universities when it comes to degree programs they offer, and the price that they charge students? How would this improve the value proposition to post- education, post-secondary education? Mr. Pulsipher. Thank you for that question, Representative Owens. Fundamentally, I think if we believe that higher education is intended to be a path to opportunity, and enable the economic and mobility of the students it serves, there are probably two parts to that question. First and foremost, are institutions held accountable to providing and developing programs that actually map to workforce opportunities? That also, by the way, includes liberal education, whether it is in humanities, or languages, et cetera. It is like you still have to design those in a way that you are also intending to increase the readiness of the graduates in those programs for the work. If the other part of that equation is what is the investment we are actually making, asking the students to make in that program. When you have institutions, or you are expecting institutions, requiring institutions to have greater skin in the game, they are going to--is going to force greater accountability to designing and develop programs that are relevant to the future work, and to also keep their costs in check. Right now, there is no check against the cost of delivering education, such that you have seen as you pointed out, that the cost of attending a completed degree has risen to more than twice the rate of inflation for many decades now, since 1980. If the average cost of requiring a bachelor's degree is nearing $100,000.00 of the outcomes, the value, like how many jobs are worth it to make that kind of investment? We can certainly find ways by which we hold institutions to greater accountability for both the cost of completing the credential, and that those credentials are relevant to the opportunity. Mr. Owens. Thank you. Dr. Sullivan, I agree with the workforce system must do a better job to get Americans off the sidelines, equipping them with the skills needed to succeed in today's economy. For more than two decades Utah has integrated their workforce development system with other safety net programs to provide unemployed workers a streamlined way to access the support they need to secure jobs. Can you discuss how strong regional, and statewide coordination between workforce development and human services providers can improve outcomes for the individuals they serve, what are the updates on WIOA that are needed to lead more states to pursue innovative approaches to workforce planning and service delivery? Mr. Sullivan. Sorry. Thank you for the question. I think the integration between services that are provided, oftentimes we provide the services to individuals that are not necessarily under WIOA. They may fall under a separate portion of State government, a separate policy act, but the coordination has to be there. Not just simply the agencies working together, but also data. While we continue to provide the privacy that is necessary, but also ensure that we are able to provide the benefits, the wraparound services that you heard the Governor talk about a few minutes ago. I think what we should focus on is to look back to see what students are doing as a result of some of the lack of coordination that is going on. Today we may hear that enrollment is down in 2-year colleges. The fact of the matter is enrollment is down in credit enrolled programs. The traditional programs. Students are showing up at our doorstep in long lines because they want to be a part of a short-term workforce opportunity that provides that value proposition that you just heard from President Pulsipher. The value proposition that gets them into the workforce in a shortened period of time. We cannot sustain individuals for 4 years while they go through degree programs. They simply need the education and skills to get into the workforce, and then education becomes a little bit different than what we have seen in the past. It becomes iterative--work and go to school, and continue to grow that job path, perhaps through the Baccalaureate degree, or even graduate degrees, but you must start somewhere. I think the most important part is to ensure that we get people into the economy. Mr. Owens. Thank you once again. I appreciate this conversation. It is well overdue. Thank you so much. Chairwoman Foxx. Thank you. Ms. Jayapal, you are recognized for 5 minutes. Ms. Jayapal. Thank you, Madam Chair. I wanted to spend my time just talking a little bit about Federal student aid, which is designed to help underserved students, and also the role of for-profit colleges. I feel that sadly for-profit colleges have been more interested in using these funds to pay their pockets. I have met personally with students, including from the Art Institute of Seattle, whose for-profit colleges abruptly closed before they could graduate. All of their tragic stories end in the same way. High student debt, low-quality education, and taxpayers ultimately footing the bill. In contrast, owners of for-profit colleges emerge unscathed, and proceed with business as usual. Of the nearly 1,100 colleges that closed between 2010 and 2020, an overwhelming 86 percent of them were for-profits. When one of these students tries to continue their education, they find that 83 percent of their credits are ineligible to transfer because of the school's poor accreditation and reputation. I really think this undermines all of the good work that many of you are doing on this panel to provide a quality education. Let me ask you, and we can start with you Mr. Pulsipher, is it a good use of taxpayer funds to invest in these schools when you, yourself, are trying to make sure that people really have faith in the educational system? Mr. Pulsipher. Thank you for that question, Representative Jayapal. The reality is that access without completion, to your point, and also completion without value, both of those are, and can be a moral hazard. We have certainly seen that occur in many sectors of higher education. I think that emphasizes the point as even Governor Polis said, we need innovation that expands access. We also need innovation that drives and aligns the value of those credential pathways to the opportunity. We also need that accountability that is necessary, such that we know that the Federal dollars, or even State level dollars, that they are actually going to institutions that can delivery real equity and access, and equity attainment because equity and access without attainment quite frankly can be a scam. Ms. Jayapal. Your answer would be no, it is not a good use of taxpayer dollars to invest in those programs. Mr. Pulsipher. The only thing I would caution is that it is not necessarily exclusive to for profit institutions. Ms. Jayapal. Understood. Mr. Pulsipher. You have to look at all institutions and programs initially. Ms. Jayapal. Yes. I agree with you. I am just focusing on for-profit because it has been such a huge, you know, it has been such a huge abuse in my view. Governor Polis, did you want to add anything to that? Governor Polis. Yes. I think looking at accountability and ROI, one step more than accountability across all modalities, online and in person, all types of formation, which could be public, non-profit, for-profit, you are stewards of taxpayer money. You want to make sure that Congress wants to make sure that you are making good investments that benefit people, rather than to leave them in a worse place than they were. That is across all modalities and forms of higher education. Ms. Jayapal. Well, the administration has taken this very seriously, and they have established a rule called the Borrower Defense Rule, which streamlines student debt cancellation for students who are defrauded by these schools, like those from the Art Institute in my district. Governor Polis, what are the consequences for students who are defrauded by their school, or misled about their career prospects? Governor Polis. First of all, I think that is an excellent step. These are students who, through no fault of their own, because in your own investigating college that looks accredited, you know, you cannot know all the details of whether they are going to go out of business, and you did accept Federal money to do that, so there's some assumption there the Federal Government did some diligence. I think canceling the debt on degrees that turned out not to be worth anything, like ITT or colleges that went out of business, is a fair and very reasonable thing to do. A better thing to do would be diligence on the front end, to make sure that students do not have to waste the time and money alongside the Federal investment. Many of them put their own money, and of course, they all put their own time to make sure that the programs that are supported are high quality across all modalities, across all types of entities that offer them. Ms. Jayapal. Yes. I completely agree with you, which is why I am focusing on these for-profit colleges, and the work upfront. The Federal Government has a responsibility to prevent abuses of taxpayer dollars, which is why I have a bill called Students Not Profits Act. Last Congress, the Build Back Better Act proposed stopping for profits from receiving its Pell Grant investments. Governor Polis, how does limiting for profit access to Federal student aid prevent students from being abused? Governor Polis. Well, I think you are, of course, correct in identifying that a higher percentage of the problems stem from for profits. I would also say that we would have the same problem with a poorly run public institution, or a poorly run non-profit institution. As the data shows a correlation, that is clear, but I think making sure that all providers of education are accountable across, whether it is online or in person, whether it's for- profit, non-profit, or public, can help make sure that not only is Congress better stewards of taxpayer money, but also that students get better educational outcomes that improve the quality of their lives. Ms. Jayapal. Thank you, Governor, and thanks to the panel. Do I get a gold star, too, Madam Chair? I yield back. Chairwoman Foxx. I now recognize Mr. Good for 5 minutes. Mr. Good. Thank you, Madam Chairwoman. Just to followup on what was just the question line that was just had, and my friends on the other side just despise the term profit generally, when it applies to a business, let alone education. I have an issue with these colleges with billion, multi-billion dollar endowments who are allowing college costs to soar exponentially for non-academic additions of staff and otherwise, I would call that for profit by the way. That said, I am going to direct a couple of questions to Mrs. Gentles. Thank you for being with us today. In your testimony, you said it is related to what we were talking about, costs. Over the last 20 years, K to 12 administrative staff and public schools have increased by 88 percent, while student enrollment only increased by 8 percent. I doubt you would try to justify, but can you begin to think of how that might be justified, and what the impact has been from this--besides the exorbitant increase in costs, by increasing administrative staff 88 percent? Mrs. Gentles. Right. I mentioned that in my written testimony, and I also mentioned that inflation adjusted public school funding has risen by 152 percent. Teacher's salaries have only increased by 8 percent since 1970, so we have been hearing a lot about teacher's salaries. There seems to be an obvious fix, and that is to redirect K-12 funding to fund classroom activities and teachers, rather than administrative bloat. It is laid out very clearly that the districts have grown in size, and they have hired more and more adults, and that does not serve the needs of students, and it certainly does not benefit teachers. Mr. Good. No question about it. I have seen that across my district, across my home State of Virginia, and across the country where even where student population is decreasing, and we are not directing resources appropriately to the classroom where it makes an academic difference. Instead, we are directing resources to non-academic positions, administrative bloat, or worse. Changing gears a little bit, but appallingly, and inexcusably again, in Virginia, in Fairfax County, not far from here, multiple schools are being investigated for unlawful discrimination because of a failure to notify students about their national merit scholar recognition even after some college application deadlines has passed. It is reported that a school official in Fairfax County actually told a parent that they wanted to inform the students in a low-key way about their recognition, their achievement, in order not to hurt the feelings of those who did not achieve the same level of academic achievement. This district, also by the way, has spent $450,000.00 on equity consultants for administrators, perhaps part of that 88 percent increase in costs for non-teaching staff. Can you imagine any justification for that? Why we would not appropriately want to recognize students who were performing excellently so they can earn scholarships accordingly for that achievement? Mrs. Gentles. Well, there seems to be a movement afoot to take away the idea of merit to no longer push children to achieve, or to even differentiate children by skill levels, or challenge them with different levels of courses that they can choose from, and so this is all part of that initiative. Another number to throw out for Fairfax County is that they had 170 million dollars left in their ESSR funding as of last fall that they had not spent. We have been hearing wondering examples of uses of ESSR funds that districts in the State of Colorado have invested in, and yet in Virginia, there was two billion dollars overall that the districts had not yet spent last fall of this ESSR funding. Clearly, it was not used to reopen schools because Virginia was, I think, like the sixth worst in the Nation, and my children were kept out of schools because of that in Arlington County, and suffered as a result. It was isolating. It caused harm, emotionally, academically, mentally, and we are seeing all kinds of problems in Arlington County where I live with behavior, with drugs, and other issues. Why were these ESSR funds spent? Why is there this focus on keeping children down, rather than opening schools and educating them? Mr. Good. Well said. History will judge us harshly for how we sacrificed children on the altar of poor political decisions, harmful political decisions over the last 2 years. We were told that we needed 25 billion dollars to safely open schools. We gave the schools 200 billion. I use the term we loosely, because I voted against all of that. We gave the schools 200 billion when children were at no risk of getting seriously ill from the virus. It is nice to look around this room and not see the masks that we know never worked, never prevented transmission of a virus. What we did to the children, it has already been mentioned today. The lost learning that they will never recover from, and there is no plan to recover from that because we put teachers' unions ahead of students throughout this whole process. We continue to do it today. I have some questions for you about teachers' unions, but thanks for your testimony, and thanks for being here today, and I yield back, Madam Chairwoman. Chairwoman Foxx. Thank you. Mrs. McBath, I recognize you. Oh. Okay. I am sorry. Ms. Hayes. You are on the list, I am sorry. Yes. Ms. Hayes, you are recognized for 5 minutes. Mrs. Hayes. Thank you, Chairwoman Foxx and Ranking Member Scott, for having this hearing. Thank you to all the witnesses that are here today. There are so many important things to consider in this committee. I can talk about the fact that any good teacher knows and encourages parental involvement, because they know that is key to student success. I can talk about the fact that teachers support all students, regardless of orientation or identity. I could educate the people in this room about the fact that members of teachers' unions are in fact teachers. I could talk a little bit about the fact that education funding is not--it is appropriated, but it is not spent on the first day of the school year because many academic programs have to play themselves out over the year. Today, I will focus on my questions on the labor shortage that was exacerbated by the COVID pandemic. I have to remind everyone once again that we cannot consider any conversation surrounding the crisis in education without the backdrop of a global pandemic in which over 1 million people died. About the fact that the children who are in our schools, many of them lost family members, and that has impacted them. These were unprecedented times, and we relied on the sciences, and conducted ourselves accordingly as we got information. Back to the labor shortage. With teachers, healthcare workers, and childcare providers opting for early retirement, our country was faced to force the uncomfortable reality that we have long neglected to prioritize our workforce development. With the U.S. economy seeing record breaking job creation under the leadership of President Biden, employers still have millions of job openings to fill. In Connecticut, childcare workers dropped 28 percent from 2019 to 2020, and according to the National Center for Education Statistics, more than half of the country's public schools reported being understaffed at the start of the 2022- 2023 school year. 69 percent of public schools reported that the primary challenge staffing classrooms was they had too few teacher candidates applying for open positions. In my State of Connecticut, we had over 1,000 openings weeks before the school year began. In the 117th Congress, we passed the Workforce Innovation and Opportunity Act of 2022, that would have been a historic 78-billion-dollar investment in training one million workers annually until 2028. The legislation included my bill, the Youth Bill for the Future Act, which invests 1 billion into youth build programs over 6 years and improves support for vulnerable people. Mr. Sullivan, I thank you for your conversations about workforce development--and I believe this is a bipartisan issue that this committee should be able to find common ground on. Governor Polis, you mentioned that Colorado offers free community and technical colleges for students pursuing careers in healthcare and is hoping to expand this to early childhood education. Can you describe some of the difficulties with recruiting and retaining early childhood educators, and do you see youth employment as a significant contributor to the workforce shortage? Governor Polis. Thank you. We are launching this fall free universal preschool for every 4-year-old in our State. It was a voter passed initiative that we put on the ballot and championed, and in our State it got 67.7 percent of the vote, which means it passed in red counties, in blue counties, rural and urban, people of our State overwhelmingly said kids ought to be able to go to preschool. Now that is funded. Along with that, we need more early childhood educators, and again, it is quality. It is not about a place to park your child, of course the immediate workforce benefit does help them. It is about preparing a child for the skills they need to succeed in school and beyond. We are looking to expand our Care For It Program funded from American Rescue Act, which currently funds free community college degrees in the healthcare fields to include free community college degree for early childhood educators, also for para professionals that play such a critical role of support in our schools. Mrs. Hayes. Thank you. I love that. As an educator I know that college is not for everyone, so we have to make sure that we have equal opportunities for a career in technical training and workforce development for today's economy. Do you believe that Colorado would benefit from increased funding in programs like Youth Build, or these workforce development type initiatives? Governor Polis. Absolutely. To get to your second piece, incorporating workforce training for high school students especially that are not going on to college is an incredible pathway to success for them, and very important for the economy. That can be done for instance, by expanding flexibility under WIOA, for in school training programs. We have entire high schools like Colorado early college high school, where every student graduates with an associate's degree. We have other high schools where many students graduate with certificates in certain skills to be ready to enter the workforce after they graduate if they are not going on to higher education. Mrs. Hayes. Thank you. You made me lose my gold star. I yield back. Chairwoman Foxx. We will try to figure out some way to recognize others. Ms. McClain, you are recognized for 5 minutes. The members of the committee can tell you about the report cards they got last time, and what a difference they made. You are recognized for 5 minutes. Mrs. McClain. Thank you, Madam Chair, and I will try and adhere to the gold star standard. I just want to caution everyone on the term of the word free. We seem to throw that word free out as if there is no one that pays the bill. I might remind you someone is paying the bill, and free is a very slippery slope because if it was free that would indicate that no one pays the bill. Somebody is paying the bill. With that said, thank you all for being here today. Mr. Pulsipher, and I hope I am saying that right, I want to start with you. Is it your testimony you mentioned in December 2022, that the Government Accountability Office issued a report showing that roughly half of student aid offer letters calculated students out of pocket costs by factoring in loans. This means that students and families could be misled into believing that certain forms of student aid do not have to be paid back. Last Congress I introduced the College Cost Transparency Act, and Student Protection Act, which I will be reintroducing this Congress. I think transparency and honesty, and knowing what you are getting into is critical for the student, as well as the parent, as well as the colleges. My question is this. Do you believe colleges should be required to inform students of financing options that include personal resources, Federal student loans, or work study and private plus loans? In addition to ensuring financial aid offers are transparent, that one other--that is question No. 1. Then I would like to hear your thoughts on what other ways can Congress really simplify the college shopping process? Mr. Pulsipher. Thank you for that question, Representative McClain. What we have certainly learned from our own responsible borrowing initiative is that the more you give complete understanding, or the more you give complete transparency to the full cost of attending or completing your program, that individuals make better choices about how they fund that program. Mrs. McClain. Agreed. Mr. Pulsipher. That includes, by the way, the total cost of financing that through Federal aid and Federal loans, and so they need to understand that if in fact the total cost of what you are intending that it is inclusive of not just tuition, books and fees, but that also includes room and board, and other student life fees, or anything else like that. I think what you would find if you inspected the increased cost of attendance over time, that tuition, net tuition remained relatively flat, but all these other costs started going up substantially, and the students have to pay for that. Mrs. McClain. Do you see a downside in being transparent with all those costs? Mr. Pulsipher. A downside to the institutions maybe, because in fact you are going to put at risk some of the revenue dollars that they are currently achieving, meaning that there is no downside ultimately for the student. Like if you keep the focus on the student. Mrs. McClain. Right. Which is why the institution is there to educate the student, correct? Mr. Pulsipher. I think it is absolutely true. You heard that in my testimony. If everything we could do, we would actually put the student at the center of higher education. Mrs. McClain. Amen to that. Mr. Pulsipher. For them, that we are trying to deliver the value. Mrs. McClain. I do not mean to be rude, but in the interest of time, do you know any other ways, or suggestions that Congress can simplify the college shopping? Mr. Pulsipher. Yes. There is certainly one presumption you can have, even if students do not take out Federal aid, that virtually all of them apply for FAFSA, or they fill out the FAFSA, such that in that process itself there are means and mechanisms by which you could introduce the students an understanding of what is actually the cost and the return on that investment you were going to make by choosing that program at that institution, and what alternative recommendations might there be that actually have a higher value. Each of us experiences, in an online shopping world, recommendations, yes. Mrs. McClain. Yes. Thank you for that. I think it is interesting that you talked about return on investment, because that almost sounds like you are getting value for your dollar, and you are kind of getting into that profit margin, which is scary. My second is in your testimony you noticed that colleges over charge post-graduate students more than the actual costs of that degree because there is no cap on borrowing. Would you agree colleges should be more transparent, and make it clear to potential post-grad students that they will be overcharged for these degrees? What limits, if any, should Congress place on borrowing at the graduate level? Mr. Pulsipher. Again, if we start with the assumption that the students are being asked to make an investment in their education so they can change their life for the better, the more information they have about the total cost of completing that, and the return that they are going to get for that investment, they are going to make better choices today. Institutions are not held accountable because of the unlimited amount that can be borrowed in grad plus loans. We certainly have seen through the studies, including that which is advanced by the Wall Street Journal, that many of those programs do not actually fundamentally deliver any economic return, and yet the costs are exorbitantly high. Mrs. McClain. Hence the return on investment. Mr. Pulsipher. That is right. For the student. Mrs. McClain. With that, I yield back. Thank you, sir. Thank you all. Chairwoman Foxx. Thank you, Ms. McClain. Ms. Leger Fernandez, you are recognized for 5 minutes. Ms. Leger Fernandez. Thank you so much, Chairwoman Foxx and Ranking Member Scott. Governor Polis, we did not serve together, but we are neighbors. You are our Vecinos up there in Colorado, and we share many things between Colorado and New Mexico. I will say our green chili is better than your green chili. I know you are going to agree on that. The issue of the early childhood education by a vote of 70 to 30, New Mexico has not targeted to put more resources into our earliest--you know, the babies right? That is where we need to invest, because we know that has such an amazing return. Yes, it is an investment. The return though, is about allowing a child to realize their full potential, and that is what education is supposed to be about. Education is what we use to make sure we have a democracy. Education is what we use to make sure that our economy thrives, and so I really do believe that we need to pay teachers what they deserve, because as we increase pay in New Mexico, we saw that a teacher gap dropped. It makes sense, right? In a tight labor market, you need to pay teachers what they have earned and deserve. I wanted to talk to you a little bit about college affordability. I am going to be reintroducing former Congressman Levin's America's College Promise Act. Under the bill the Federal Government would partner with states at a 75/ 25 percent share to provide tuition free community college to all students, for whatever they want to study, whether it be a nurse, whether they want to get some of their degrees and training that they need to be welders, to know how to be an electrician, the wide range of things, right? We showed last year we made college free in New Mexico. What happened? Enrollment went up, but that is what happens when you provide the means and opportunity. Can you share how you think Colorado's and New Mexico's effort to address college affordability could be enhanced with that Federal State partnership that I described in the American's College Promise? Governor Polis. Yes. There is no question that reducing the cost of higher education promotes equity, improves access, and affordability, which were many of the barriers. When we, through the Care Forward Program, with the American Rescue Act funds, made training in many of the healthcare related fields, phlebotomy, nurse assistant, EMT free, it increased participation in these programs by about a third. We now have 1,000 people in our workforce today filling key roles in healthcare because they were able to access the tuition for free. To tell you in the first part of your comment, and I/we admire New Mexico's investment in early childhood education, we are following along in Colorado as well. Not having childcare for your kid can also be a barrier to education, so when you look at how to make sure that a young mom can be able to go to school, to be able to get the skills she needs to earn a living, if she has a 2-year old, or a 4- year old at home, it is important that we have a real life solution that meets their needs as well. When you look at all of these barriers that can occur, break them down, and at the same time making sure that both the State and Federal Governments, as well as the individuals getting the educational learner, are getting the return on investment for their time and money, meaning increased earning potential, meaning the ability to find a job, meaning the abilities to support themselves and their family. Ms. Leger Fernandez. Thank you, Governor Polis. We have had a lot of conversation today about apprenticeships. We have seen that Democrats have been incredibly supportive of apprenticeships. I think that was one of the first bills that we reported to the floor of the House. I remember it was one of the first bills that I got to stand up and say, you know, pass, I am in favor of this. It passed out of the House. According to the Department of Labor, 93 percent of apprentices complete their program, and then earn on average $77,000.00 a year. We heard earlier the Ranking Member talk about the $1.44 return that those who participate in these. You have registered for an apprenticeship program in your State. Tell us how that works, and how that could be a model as we move forward on apprenticeships. I tell you, I am really--this is important for me because we are a State in transition. Governor Polis. Yes. We embrace all of the above. Registered apprenticeships, apprenticeships are earned while you learn models, including through career wise model, working with high schoolers. There are many people that a barrier to getting the skills they need is they cannot leave their day job. They have to work to support themselves, so how can we incorporate getting the educational skills they need to earn a better living into the time they spend at work. Ms. Leger Fernandez. Thank you, Governor Polis, and I yield back. Chairwoman Foxx. Thank you very much. Ms. Miller, you are recognized for 5 minutes. Mrs. Miller. Thank you, Chairwoman Fox. Governor Polis, emails reveal that teachers in Colorado schools were discussing a left-wing political ideology called gender identity with elementary school students. Governor Polis, do you think it is appropriate for an adult teacher to talk to an 8-year old girl about changing her gender? Governor Polis. I have not seen those emails. Please share them with the school district. You are also welcome to share them with us. These are not part of our State standards or curriculum around health, or around social studies. Mrs. Miller. Well, I appreciate that you were saying that you care about involving parents and protecting the children, but Governor we are talking about five, six and 7 year old children, and we would like to know do you think it is appropriate for adults to be talking to them about sexual orientation and gender transitioning behind their parents back? We do know this happened in Larimer County Laurel Elementary School. We have emails. Governor Polis. What is important is that the teachers, the principals, meet the needs of all learners, all students, no matter who they are, no matter how they identify. They need to learn math, reading and writing, and we need to involve the parents in making sure the kids are able to get the education they need no matter what their faith is, no matter what their gender is, or no matter any of the other great aspects of diversity that make our country a stronger place. Mrs. Miller. You think it is appropriate? You have not answered the question yet. I want to know is it appropriate for adults to talk to an 8-year-old about sex and gender without parents' knowledge? Governor Polis. Well, again, I do not know the answer that you are referring to, but obviously I have a third grader, and a fifth grader, and their classmates know that they have two dads, and it has never been a problem. Obviously, if parents want to have discussions with other kids about what they think or do not think about having two dads, they are welcome to. Mrs. Miller. Well, this is a parent sir, this is adult teachers having these discussions with very young children, five, six, 7-year-old children behind their parents' back. We want to know if you think it is appropriate. Governor Polis. Well, I do not know the answer you are referring to. I am sure you will be able to provide us with the information, but I can assure you that it is not part of our State standards. It is certainly not part of our age- appropriate health standards, nor is it a part of our social studies standards to have that as part of the curriculum at that age. Mrs. Miller. Can you see why parents are upset that adult teachers are talking to their 8-year-old children about sexual orientation and transitioning? Governor Polis. Well, again, I do not know the answer that you are referring to, but schools need to serve all learners, and that means kids with two dads, kids with two moms, kids who were raised by their grandparents, kids who identify in different ways. No matter how they identify, or what background they come from, the schools are there to teach them reading, writing and math, and make sure that they can get the basics, so they can succeed in life. Mrs. Miller. Yes. We want to protect our children, and these are very young children that adults have been having discussions with behind parents' backs about sexual orientation, and gender transitioning, and we just want to know is it appropriate or not appropriate? Governor Polis. Again, if there is a particular incident that occurred in my State that you can share that with me, and we will be happy to share that with the school district, because I am not aware of the incident you are referring to. Again, it is not part of the standards to do that. Again, schools have to deal with every variety of diversity that society has, and keep the focus on learning. Mrs. Miller. Thank you, sir. Since day one, the Biden administration has been pushing puberty blockers, and surgical castration on young children, while cutting parents out. In conjunction with teachers' unions, Biden is forcing woke political ideology in a school curriculum, while ignoring the core subjects of reading, writing and arithmetic. Just yesterday, sadly, reports showed that 23 schools in Baltimore have zero students proficient in math. Zero. This is all fine to the Biden administration, as long as their children learn about woke politics, and something called gender identity. Parents are outraged, and this indoctrination of our young children must stop. We want our children to be educated and smart. Thank you and I yield back. Chairwoman Foxx. Thank you, Ms. Miller. Mrs. McBath, you are recognized now. Mrs. McBath. Thank you so much Chairwoman, and I just have to say I just really take offense to the continued use of wokeism referring to the democratic party. Mr. Pulsipher, thank you so much for being here today. It is good to see you. Thank you, Chairwoman Foxx, and Ranking Member Scott. Thank you to our guests that are here today, who join us to discuss this very critically important issues, and their impact on students and families across the country. As I have said to this committee before, this coming week is an incredibly difficult week for me and many, many others, as so many are from the communities, families, and classrooms that have been torn apart by the crisis of rampant gun violence in our country. Next week I continue to mourn, as we mark the fifth anniversary of the senseless murder of 17 students and their teachers at Marjory Stoneman Douglas High School in Parkland, Florida. Next week I will also continue to mourn and commemorate what should have been my own son's 28th birthday on February 16. For me and those who remain behind, the pain of having to bury a child, or losing a loved one never, ever truly goes away. You carry it with you always deep in your soul, but you just learn to manage it. It is a pain that I would never wish on anyone here, but that possibility is a reality that students and their parents are facing every single day, as they go to school in the morning, or drop their kids off at the bus stop, before heading off to work. From recurring lockdown drills to purchasing bulletproof backpacks for children still learning to read and write, students, teachers, and parents today are asked to endure the mental hardships and lasting trauma that they never had to face before school shootings began occurring at the terrifying frequency that our Nation sees today. It is a preventable crisis that we cannot afford to ignore any longer, and it is critical that more steps be taken to address the epidemic of gun violence and school shootings that continue to plague our country. I applaud the important steps that we took to make schools safer through the bipartisan Safer Communities Act, but we can, and we must do more. Every day that we refuse to enact the policies necessary to curb this epidemic, we allow more and more families to be torn apart and permanently scarred. We tell more and more students and parents and teachers, that their leaders and elected officials are comfortable letting them bear the emotional burden of losing a loved one or being maimed and killed in a moment's notice. That is the reality that I, and so many families live every single day, and it is one that we must not allow to become the new normal for students, teachers, and families today. My question is for Governor Polis. Governor Polis, can you briefly talk about why school climate and atmosphere, I mean is such an important factor in our children's educational outcomes, and what the elements of an effective school climate program look like? Governor Polis. We appreciate the bipartisan bill last year around improving gun safety, including funding for schools to implement common sense measures. We have added additional State resources around hardening, including single exit points and additional barriers, but that is too late in the process to have a discussion, as you have indicated. There are a lot of forms of school violence. Obviously, the most extreme form we have seen is guns. We have also seen knives, fistfights, and many other things. What you need is to make sure you have a positive school culture that supports all learners where everybody feels valued. A part of that is making sure kids have access to the mental health resources they need to get help when they need it. They know who to talk to through the IMATTERS Program funded through Opera funds kids in Colorado can get six free counseling sessions privately when they need to. The information is posted up in the schools about how to do that and many school districts have invested in additional counseling to better support kids that have behavioral health needs to make sure before they lash out or take it out on others or themselves are able to get the help that the need. Mrs. McBath. In response to your answer, what can we, as members of this body, do to prevent this culture, this really violent culture from furthering and just wreaking havoc on our schools? Governor Polis. I think really focusing on positive school culture and school environment, having site leaders, parents, educators involved, making sure that kids feel supported in schools, that their needs are met. They know who to go to if they see something and that the right intervention can occur promptly. Mrs. McBath. Thank you. I yield back. Chairwoman Foxx. Thank you very much. I now recognize Mr. Moran for 5 minutes. Mr. Moran. Mrs. Gentles, thank you for being here today. I am going to direct my questions to you for just a few moments. You mentioned earlier the Parents' Bill of Rights that likely is going to come through this Committee this year. I want to read a statement to you and see if you would agree with this statement. ``The parental right to guide one's child intellectually and religiously is a most substantial part of the liberty and freedom of the parent.'' Would you agree with that? Mrs. Gentles. I would agree with that. Mr. Moran. This statement, as you likely know, was made in a 1925 U.S. Supreme Court case by the name of Pierce v. The Society of Sisters. There was a unanimous decision by the Supreme Court in 1925 to strike down the 1922 Oregon law that attempted to compel elementary school children to attend public schools to the exclusion of other choices. In doing so, the Court, when it struck down this law said that it ``Unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control.'' Would you agree also with that determination and finding? Mrs. Gentles. I would agree with that. I believe they also said that children were not mere creatures of the State and I certainly agree with that. Mr. Moran. That is right. Like you, I agree with these statements and agree with that precedent unanimously held by the Supreme Court almost a hundred years ago as a father of four school-aged children. You mentioned that you have two children. I have double that amount, but I have been in both Gifted and Talented meetings and also Art meetings. I proudly serve my community by helping with an education foundation and hoping to start one for our public school system and I proudly send my kids to a public school system, the same one that I graduated from. I recognize that parents need choices, and every child is different and every decision for every child must be made by those parents in their education. I wonder if you could comment about what you believe the role of this Committee should be and what we could do to preserve the parents' rights to guide the education of their children in this Nation. Mrs. Gentles. I think redirecting the K-12 education system to prioritize academic instruction is a big role. That is what parents want. They want schools to focus on academic instruction. They want Math and Reading to be at the center of what the child is presented at the school. They want academics, not activism and so there are numerous steps that you can take to do that. I think holding school districts accountable for what they did during the COVID era, with closures that harmed children and how they spent the emergency funding, is it going to address learning loss. That is going to meet the needs of parents. Then reinforcing Federal--existing Federal laws, PPRA, for making sure that parents know what their rights are under existing Federal law will be an important message that you can send from this Committee. Mr. Moran. Likewise, I would pose a similar question with respect to your advice to local school districts as they seek to partner with parents to be at the center of educational decisions for their local school districts. What advice would you give to be good partners with the parents at the local level? Mrs. Gentles. Well, the Federal Government did give them advice and said that parents needed to be consulted as part of the Federal funding and districts weren't even able to comply with that in many areas. There just needs to be a reckoning with what is become of the relationship between school districts and parents. The parents going to the school board meetings and speaking up that was very courageous in a time when things had become quite adversarial. It has not resulted in a change in that relationship. The school districts need to recognize that parental involvement is key to student success. If that district wants to achieve what it is set out to do, which is educate children, it has to involve the parents in a non-confrontational in inclusive way. Mr. Moran. Switching gears one moment for a final question. You are not a medical doctor, but in your testimony, you highlighted that the education establishment's embrace of so- called gender affirming care is at odds with steps being taken in other countries to reduce or eliminate such interventions. Why are these practices so harmful and why is American medicine so out of step with other countries' approaches in this regard. Mrs. Gentles. Well, fortunately the State of Florida and specifically their Board of Medicine has taken a look at the evidence. They have done a systematic review of evidence and concluded that what is called gender affirming care is actually not helpful and, in fact, harmful to the often emotional vulnerable youth who are drawn into this system. European nations are ahead of us in this process. Sweden's done a systematic review. The United Kingdom has as well, and the UK shut down their pediatric gender clinic as a result of the review, recognizing that it is harmful. Mr. Moran. Thank you for your answer today and thank you for your efforts on behalf of our children. I yield back. Chairwoman Foxx. Thank you, Mr. Moran. Mr. Bowman, you are recognized for 5 minutes. Mr. Bowman. Thank you so much, Madam Chair. Mrs. Gentles, you mentioned the State of Florida in some of your remarks just then. Do you support the State of Florida's decision to remove AP African American History from its curriculum? Mrs. Gentles. That is not something that I have looked into and I do not think, from a Federal perspective, that Congress needs to get involved in what a State should or should not teach. I am not sure if that is the role--that is not the role of the Federal Government. Mr. Bowman. I am asking you your opinion. Do you support the teaching of African American History? Mrs. Gentles. Absolutely, I support the teaching of African American History. Fourth grade Social Studies in Virginia has a real emphasis for that. Mr. Bowman. You, also--I am sorry. I am reclaiming my time. Do you support the teaching of Latino History? Mrs. Gentles. For sure, yes. Mr. Bowman. You support the teaching of all history, multicultural history in every American school, you support that. Mrs. Gentles. Right. We need to have a robust and full history standards and lessons and curriculum so that all topics are addressed. Mr. Bowman. Do you support the teaching of Queer and Gender Studies in public schools? Mrs. Gentles. I am not sure what you mean when you say Queer and Gender Studies. That does not sound like something that would be in elementary level, for example, appropriate topic. Mr. Bowman. What about middle school and high school? Mrs. Gentles. Yes, I am not sure what you are saying when you are saying Queer and Gender Studies. Mr. Bowman. I am a former educator. I worked in education for 20 years. I was a middle school principal for ten and a half years and I had students who identified as gay or lesbian or queer, and it was very important for them to feel safe and comfortable and seen and heard and recognized in our school curriculum and that helped them to have higher levels of self- esteem, self-worth, and it helped them to thrive academically, in my school. I am just wondering what your thoughts are about that. Do you support the teaching and supporting of Queer and Gender Studies in schools? Mrs. Gentles. I honestly am not familiar with a curriculum or a class that would be an appropriate class, Queer and Gender. Mr. Bowman. What about authors and books? There are many books who are authored by authors who identify as Queer. Many of these books in Florida have been taken off of bookshelves, along with many other books. Do you support the removal of classroom libraries in Florida or in public schools across the country? Mrs. Gentles. Well, I am pretty contrary by nature, so when books like To Kill a Mocking Bird and other books were being brought up as controversial and I went out and ordered them to make sure that my daughters were not kept from reading them in their public schools. When you are talking about schools that specifically direct children to sex acts, sex Apps, or lay out---- Mr. Bowman. How many schools--resuming my time. I am sorry. How many schools have been identified as teaching this so- called or providing this so-called woken indoctrination agenda, how many schools? Mrs. Gentles. There are examples---- Mr. Bowman. Have you identified a number of schools that are so-called implementing a woke indoctrination agenda; is there a number? Mrs. Gentles. No. That might be something that the Committee could---- Mr. Bowman. There is no number. Mrs. Gentles [continuing]. Submit a report on, but there is anecdotal evidence. Mr. Bowman. In your testimony you continued to make general statements about schools this, parents' that, teachers this, but you cannot tell me a number right now of schools that are implementing this sort of curriculum. Let me just reclaim my time. In your testimony, you drew a contrast between balanced literacy and phonics. Can you talk to me about that contrast? Mrs. Gentles. Yes. Thank you for that question. Balance literacy refers to what is often called ``queuing,'' which is a debunked approach to teaching reading that is taught students to guess. Mr. Bowman. What is ``queuing''? Mrs. Gentles. It teaches children to memorize words to guess the sentence based on the context. They look at pictures and they guess and skip over words that they are not familiar with. The contrast of that is phonics instructions, which helps children spell out and break down the building blocks---- Mr. Bowman. Okay. Let me just reclaim my time. As I mentioned, I taught in public schools for 20 years. I was an elementary school teacher. Phonics is a major component of balanced literacy. Balanced literacy includes the teaching of reading, writing, listening, and speaking and it also includes the teaching of phonics instruction. That is why it is called balanced. It is not separate from phonics instruction. Phonics instruction is supposed to be part of balanced literacy. It is important for you to know that. It is important for everyone on this panel to know that. I just have a few more questions, while I do not have much time left, but I would like to go to Governor Polis. Can you talk a little bit about how to build a positive school culture? Governor Polis. In 10 seconds? Wow. Well, it really includes partnership with parents, first and foremost. We have heard this from both sides of the aisle. It needs to be implemented. In fact, great site leadership is so important and then bringing educators along with that vision for the school, including aligning curriculum to standards. Mr. Bowman. Thank you and I yield back. Chairwoman Foxx. Thank you. Governor, you get a gold star. Mr. Williams, you are recognized for 5 minutes. Mr. Williams. Thank you, Madame Chairman. Governor, as the executive of a significant State, I really admire you for your investment here and your patience in dealing with all of these things. My wife is a native of Colorado from Fort Carson. There only briefly before her father was deployed to Vietnam. Just a little biographical comment is that my wife and I both homeschooled our children, though we are the product of excellent public education and have had significant further education, that was the best choice for us. Sir, I commend you. You have been a consistent champion for school choice, and I very much applaud everything that you have done for the children of Colorado to ensure that a child's zip code is not the determinate factor of their quality of education. I am personally saddened that school choice has become more partisan in recent years, although it looks like it is making a comeback. I am excited about that, but it really should not be a partisan issue. School choice is about giving every child a chance to succeed in life no matter their circumstances. I did read your testimony in case you think all is lost or we do not pay attention. You say we cannot rely on the old ways of doing things. I just invite your comment, sir. Can you explain briefly for this Committee why you support school choice, and can you offer advice on how we, as Republican and Democrat, can come together on this issue. You have done this successfully, and I would like to learn. Governor Polis. I will give you an example of the way in Colorado Democrats and Republicans came together on school choice. We are home to over 400,000 Military families like the family your wife was born into. Many people get stationed to Colorado, including people with young kids at a different time of year than the traditional open enrollment season and so many of them were effectively excluded from the open enrollment process, had to enroll in their neighborhood school and many enrollments in their neighborhood school. That is a fine choice. However, what we did through the State legislature, and I was able to sign the bill to do it, is we created a special open enrollment period, a different timeline for Military families that are assigned to Colorado so that they can have their school of choice for their child, the space permitting, of course. We have open enrollment within school districts and across school districts in Colorado. We also try to learn from schools that have a lot of demand and therefore need to have lotteries. We are saying what are they doing well, how do we expand or replicate that? Some of them are district schools, some of them are charter schools. It is not about the model of the school. It is about the quality, and it is about the educational outcomes. Finally, I would point out that what is good for one kid is not necessarily good for another. I have two kids. Many on this Committee have different kids and you know that many kids have different learning styles. Some might want a hands-on outdoor experiential add model. Some might want a more rigorous college prep model. Some might benefit from additional vocational or hands-on ways of learning. While every possible model is not necessarily available to every kid, we want to make sure that more kids across our State can access the education that works for them. Mr. Williams. If I may, just to followup, the model that has been talked about from a governance standpoint, governing standpoint, and because you obviously have a very large responsibility in the education in your State, I have seen that the resources should follow the child, instead of the institution in funding a child's education as a focus rather than a system. A lot of things you mentioned really talk about enrollment in the public schools with some flexibility for charter. I think back to our own experience of extending that to parochial schools to homeschooling, which was the right choice for our family. Do you have any thoughts or suggestions along those lines? Governor Polis. We do have many school districts and charter schools that partner with and support homeschooling families. I think what is missing from some of these models like the Arizona model that has been touted on this panel, is the quality and accountability. How do we know it is working if we do not know there is student achievement? How do we make sure that if there are taxpayer resources being used, that there is quality? There needs to be some way of doing that, some structure for doing that, some accountability for doing that, some transparency into that, because these are public funds. Certainly, we want to make sure that we can innovate with homeschools, with other kinds of schools to make sure that as long as they are willing to have the transparency that accompanies public funds there's a way to incorporate the innovation they bring. Mr. Williams. Respectfully, just for the last 10 seconds, we homeschooled in four different jurisdictions, Washington State, briefly in Florida, New York State, and New York City, which, of course, is its own. Our son is a senior at Georgia Tech in Aerospace Engineering, so homeschooling did work in our case. Thank you for your comments, sir. Chairwoman Foxx. Thank you very much. Mr. Mrvan, you are recognized for 5 minutes. Mr. Mrvan. Thank you, Chairwoman Foxx. I would like to thank the panel for being here today. Governor Polis, I am from Indiana, northwest Indiana, and my daughter is a sophomore and she went through the Explore, Engage, Experience Grant and came home and said she wants to be a lawyer so she could afford what she likes. I bring that up because that experience that you mentioned is something that makes them think about what they want to do when they grow up and I appreciate you mentioning that from being from the State of Indiana. Very quickly, realizing the key to successful economic development is an educated workforce, very often in the most vulnerable populations becomes challenges and hurdles, such as childcare, such as transportation, such as dependent care, and housing. They are significant barriers or challenges to employment. However, these services provided by Workforce Innovation and Opportunity Act, the WIOA, as we know it, allow the workers to receive job training and create paths of their choosing toward economic stability. My question to you is what impacts do these services have on training programs completion and employer retention. Governor Polis. Yes. The flexibility within WIOA to be able to support these wraparound services is critical. To be clear, it is not transportation for the sake of transportation. It is not childcare for the sake of childcare. It is directly related to the ability to become part of the workforce. We traditionally focused the money on the skills piece and obviously that is a relevant piece, the need of the skills. If you have the skills, but your reality is you are the caregiver for a child during the day hours where you want to be working or you do not have a car and there is not a bus route to get to work, how can we be flexible enough with WIOA where we can make sure that person is able to work and support themselves and address the barriers that they have in their own life. Mr. Mrvan. I was a former Township Trustee, to get to the point, we managed the most vulnerable populations. In order to give them a lift up, we were able to provide transportation through a bus service. We were able to provide childcare, so I commend you. One of my questions that I think is a key component is how in education did you utilize the American Rescue Plan dollars to most maximize what was going on in education? Governor Polis. Lots of different ways. The ESSER and the GEER funds are two of those. I would say across the State, making sure that we could reduce and address the learning loss a lot of this was decentralized in districts and schools were able to innovate as they should. Many of them included extended learning days, additional hours of support. We are looking at directing additional State dollars to afterschool Math support as an example for kids who are struggling in Math. Free summer clinics--many school districts in the past either had to charge for or had very limited ability to offer free slots for academic tutoring in the summer. Many districts leaned into that last summer and are planning the same for this summer to help make sure that students are caught up for success. Supporting innovative programs through GEAR that broke down barriers between community colleges, school districts, and workforce. An example, in the San Louis Valley a number of school districts worked with out-of-State college in the area to provide transferable and aligned dual and concurrent enrollment credit in many of the rural districts that surround the college. Mr. Mrvan. Thank you. Dr. Sullivan, you talked about workforce development and engagement in community college, and short-term college programs that allow entrance into the workforce. Can you just share with me some success stories of industry in those colleges and those programs working together in order to have the outcomes of people getting into the workforce quickly? Dr. Sullivan. Sure. Great example, first of all, commend the State of Indiana for the Ivy Tech. Great work that is going on there. One of the Nation's best community and technical college systems, so I know you have a great deal to be proud of. Mr. Mrvan. I will share that with them. Thank you. Dr. Sullivan. Thank you. Just as a broad statement, I know many of you are aware of the broadband initiatives that are going on around this country trying to establish broadband for the people of this country. Someone has to lay that broadband. Someone has to lay the fiber. We are in the midst of what has been now about a 10-week process of developing curriculum of working with folks within the industry to identify the skills needed and to help those individuals to become certified. Companies like right there--Louisiana Delta Community College in the northeast part of the State who is working with Ethridge Pipeline and Conduit. These folks are coming onto the campus, bringing equipment, bringing expertise to teach individuals. We are forecasting about 2,000 graduates by the end of this current year within the broadband space to help ensure that we have the people necessary. That we are not asking folks from Indiana to come to Louisiana to install fiber, but instead, that we are able to do that work ourselves. Mr. Mrvan. Thank you, Dr. Sullivan. I was proud to vote for the infrastructure bill that allowed for that fiber to be laid, which created jobs to open the gates for education. I thank you very much for all your participation today. Thank you. Chairwoman Foxx. Thank you, Mr. Mrvan. Ms. Houchin, you are recognized for 5 minutes. Ms. Houchin. Thank you, Madame Chairwoman. I am really glad to talk about this subject matter today. I am glad that our first Full Committee hearing is focused on such an important issue or such important issues. Dr. Foxx said in her opening remarks, this could not be more rewarding work than looking out for the interest of students. Mrs. Gentles, my first question is for you. I really appreciated your written testimony. I took particular interest in your discussion of literacy. My son is dyslexic. May of our colleagues have children with dyslexia or other reading disabilities, so I have worked on this issue very closely in the State of Indiana as a legislator. You note the problematic use of balance literacy. I appreciate your mention of the book by Emily Hanford told a story how teaching kids to read went so wrong and I have experienced that first-hand, both as a mom and a legislator. We are making progress toward a more phonics-based instruction. I am really glad of that, but I do know first-hand how hard it is to turn the bureaucratic barge. In the State of Indiana, we fought the Department of Education to implement a screening for students with dyslexia and implementing reading specialists in the schools who have an understanding of the issue and how to teach kids to read. We have seen maybe a failure of what I would call the education industrial complex in this space. Reading scores are not just keeping pace. They are declining and they have since we changed our methodology. What more can we be doing at the Federal level to encourage this transition to phonics-based instruction and bridge the gap, particularly in the higher education space. Mrs. Gentles. Right. You mentioned reading scores going down. Eighth grade Math scores got a lot of attention from me, but it should be noted that a third of fourth graders are below basic in Reading and 30 percent of eighth graders are below basic. Below basic is appalling and so keeping attention to where those scores are dropping, but then shining a light on where they went up. Where are the success stories? Colorado is one of them when it comes to Reading and ensuring that this transition over to a more appropriate approach is happening in Mississippi is a great success story. I think here at the Committee you can shine the light, bring the leaders and the people who have implemented reading instruction and approaches to setting curriculum standards at the State level and implementing them at the district level here so that people can know those models and follow them. Ms. Houchin. That is great. I would like to know, when we are talking about learning losses, as a parent of a child with an IEP, COVID, learning losses, all students were impacted, but no more than studies with disabilities on IEPs. We did not have specialized training to teach our children. I am not trained in the methodologies that help students with dyslexia, so that is something that will continue to have to strive to overcome. I do, Madame Chair, I would like to highlight that the students that have dyslexia and the Dyslexia Institute of Indiana reached out to me regarding strong support for a phonics-based approach and I would like to submit a brief statement to the record by the Dyslexia Institute of Indiana that they provided to my office. Chairwoman Foxx. Without objection. Ms. Houchin. Thank you. [The information of Ms. Houchin follows:] Statement for the Record by the Dyslexia Institute of Indiana ``The Dyslexia Institute of Indiana is a strong proponent for using a structured literacy approach for reading that aligns with the Science of Reading. In the 34 years of our existence, we have had success teaching students to read and spell using the Orton-Gillingham approach to phonics and phonics based skills. This multisensory approach uses direct and explicit instruction to help students retain reading skills, which in turn brings them closer to automaticity and fluency. This approach is appropriate for all students who are learning to read and not just dyslexic students.''--Dyslexia Institute of Indiana ______ Ms. Houchin. A couple of things. I want to switch to Mr. Sullivan. I did have the opportunity to visit with Ivy Tech yesterday. Certainly, we are very proud of their presence in southern Indiana in my district. One of the things we talk about is the record number of job openings and the lower workforce participation rate and what we can do to increase that. Ivy Tech is working on increasing and drilling down on what high-skilled certifications are necessary so that high-value, industry-based certification. What is the single greatest barrier, in your opinion, to those types of credentials? Mr. Sullivan. Well, thank you for the question. First of all, I would say to you they are high-cost programs, which is one of the key areas. They are also programs that are difficult to identify faculty for because they are typically the more skilled individuals and so there are a number of challenges, but I want to be really clear of what you just said. Information is powerful. If you have the ability to point out a sector that is a growth sector in Louisiana, as an example, the cyber security space is a growth area, as I am sure it is in many states around the union. As we begin to develop those programs, as we deliver those programs to ensure we have the workforce there, I will simply point out that our students are voting with their feet. Time is the enemy. One other point that I cannot help but point out here. This nation has millions of adults who do not have a high school diploma. As we sit today and talk about K-12 education, how in the world can parents be informed about their K-12 education of their child when they do not have an education themselves? In the WIOA Act, adult basic education has been second fiddle for far too long. We are not serving the needs of adult students through WIOA through adult basic education at the level that we need to. It is about skills. Yes, the high school diploma and equivalency is important, but we must find a way to put skills in front of these individuals so that they have the ability to get into the economy and to produce for their families. Ms. Houchin. I could not agree more. Thank you so much. I yield back. Chairwoman Foxx. Thank you. Ms. Stevens. Ms. Stevens. Thank you, Madame Chair. It is evident we have three great community college systems represented here today. LCTCC, we are very proud of your background, Dr. Sullivan. Ivy Tech, which I have gotten to know from my time in workforce development. Oakland Community College in Michigan, it is community college week in Washington, DC, and folks are talking about the skills gap. Now, in the 116th Congress, we introduced the College Affordability Act as a democratic majority, which included the expanded programs. I was just outside talking to our community college friends from Michigan about this. Dr. Sullivan, I was wondering if you could extrapolate on this opportunity of expanding PELL for some of the short-term work programs to get people into skills and employment opportunities? Dr. Sullivan. First of all, thank you for the question. This is an area where it is clear that we have bipartisan support. When you think about the number of individuals stranded in this economy, 60 million individuals who do not have the skills needed in order to be able to get that first job, we have a point-in-time opportunity to change the trajectory of millions of Americans and ensure that they get back into the economy. When you think about being down 5 percentage points workforce participation, think of the millions of people that are impacted. Think of the millions of young people that are impacted. I would say to you this, the best teaching for young people is to watch their parents. Let us give those parents an opportunity to be educated and skilled at a level that allows them to provide for their children and their family. That is the greatest education a young person can see. Ms. Stevens. Well, this is a great action item for us in the 118th Congress and a way to come together. As we talk about the American Education in Crisis, we know that our waivers for free and reduced lunch that were expanded during the pandemic have expired and we have 10 million students at risk of going hungry. My father was a public-school teacher and often brought culinary into his classroom to meet those needs. We know that 96 percent of school systems in this country are now saying that they are experiencing debt. Obviously, Mrs. Gentles, I note in your testimony you had a brief section talking about the worsening school climate and I was just wondering if you could validate that not having the moneys for schools to provide free and reduced lunch is contributing to that worsening school climate? Mrs. Gentles. I am not sure what you are talking about. I apologize as far as not having---- Ms. Stevens. You are not sure what I am talking about regarding providing free and reduced lunch, and the fact that we do not have waivers, and schools are incurring debt as a result? It has been in the news a lot. Mrs. Gentles. The fact that schools are going into debt because they do not have their free and reduced-price lunch funding. No, I am sorry. I am not familiar with that. Ms. Stevens. Well, we would be happy to exchange with you on that. Certainly, I know in your brief section in your testimony dedicated to the worsening school climate one would oblige that not having the moneys to provide lunches. Which Mr. Polis, our great Governor of Colorado, you have implemented some tremendous programs for the pandemic relief and for providing free and reduced lunch and I was wondering if you could share with us specifically some of the results that you are seeing in Colorado. Governor Polis. Yes. Of course, we, like most states, took advantage of the extended free lunch during the pandemic. We now have chosen, starting next fall, to move forward with free lunch for everybody and free breakfast as well. What that means is, of course, it is optional. Some parents want to pack lunch. That is fine. Removes any stigma associated with school lunch and frankly reduces a lot of paperwork and overhead associated with who pays what and who does what. It makes it a lot easier, freeing up school resources to be used on teacher pay and classroom instruction. First and foremost, making schools have the--kids have the nutrition they need to succeed if they do not get those healthy meals at home, reducing overhead and bureaucratic waste, and saving families money on lunches. Ms. Stevens. You have a ballot measure cooking to alleviate the burden of filling out school meal applications and to assure that no child falls through the cracks. This is something that we hear a lot, the stigma, the shame. Could you speak about that ballot measure? Governor Polis. With the free lunches? Yes. There are no longer any forms associated with it, which had always been an issue, especially for non-English-speaking families, for families that value their privacy. You know all these sorts of nosy government questions just to get the lunch. You no longer have to answer those. It would be either lunch provided to everybody. If you want to take advantage of it, you can. There is no check card you need. There is no stigma associated with it and it will save every family who wants to participate in that the cost of school lunch. Ms. Stevens. Feed our kids, educate America. Thank you, Madame Chair. I yield back. Chairwoman Foxx. Thank you very much. Mr. Grothman, you are recognized for 5 minutes. Mr. Grothman. Mr. Pulsipher, western Governors deliver an education through competency-based education model. I would like you to elaborate that a little bit and see what we can do to amend the Higher Ed Act to accommodate that or your opinion of the benefits of it. Mr. Pulsipher. Sure. You know over a century ago we kind established and codified a credit hour into our system of higher education and something that started really as a way for faculty to accrue hours and get paid became somehow a measure of learning. Well, competency-based takes a very different approach, which is it tries to keep the standard for learning, meaning the proficiency against a particular learning outcome like that is actually what determines that you have developed the competency that is necessary to complete the course. When you design around that model, it allows a couple things that I will just highlight. First and foremost, it allows you to more directly align the learning outcomes with the work and that which they need to be readied for. Second, it actually allows you personalized learning, such that an individual can leverage that which they may already be quite skilled in and can move quite quickly through that, and they can dedicate more time and attention to the things that they need to focus on, and may have less preparedness in. At the end of the day, what you can determine with a competent-based approach is that every individual has been assessed and validated proficient against those learning outcomes. The last thing I would say on this, Representative Grothman, is that competency-based education is not new. If you talk about any licensure area, in medicine, in law, in the practice of nursing, even in accountancy, all these individuals have to meet proficiency standards. Well, the same can apply in higher education as a practice. Mr. Grothman. It would seem to make common sense that you would focus more on people--on what people know and how long they have been sitting at a desk; does it seem that way? Mr. Pulsipher. Yes. It certainly seems--I often like to say that virtually every one of us who may have gone to a conventional model already personally experienced competence- based education. You can think of that course where you realized that I did not need to sit through all the lectures, but I had to wait until the end of the term to take the final. What competency-based education allows is that individual, when they actually are ready, and can take their assessments and pass those assessments, they are done with that course, and they can progress. We have seen that, one, increase the personalization. Two, it also reduces the time that students need to acquire their degree. Mr. Grothman. Save some costs too, right? Mr. Pulsipher. A lot of cost when a bachelor's candidate can finish their degree program in two and a half years versus four, you are significantly reducing the cost to attain the credential they need. Mr. Grothman. We will switch over here to Virginia Gentles. There are some numbers before me here that even I am shocked at and I do not think I could be shocked. It says here among English teachers there are 97 Democrats for every 3 Republicans and among health teachers 99 Democrats for every Republican. I think it is accurate to say in this country we are divided about 50/50, right, every Presidential election, maybe 51/49 or something. Overall, 87 Democrats for every 13 Republicans. I am not a big one on all this diversity stuff, but I do think, say when you are picking out novels for kids to read and novels a lot of times have a message in them, you would expect about 50/50 as far as English teachers, History teachers, what have you, but it is not that way at all. I think that is one of the major reasons why there is such a lack of support for education today among some people. Could you comment on that a little bit as to how this happens and what we can do to turn it around and can we ever be considered to getting a holistic education if we have so many teachers on one side of the ideological spectrum to even have a good school. Mrs. Gentles. Well, I am a product of public education, K through 12, growing up in Florida and I am happy to say I have absolutely no idea what the partisan affiliation of any single teacher that I had growing up. I think one solution would be to create an emphasis in the classroom on academics rather than on activism and ensure that teachers are reminded that it is not appropriate to bring in their partisan approach to the classroom. Another approach would be to make the teaching profession welcoming to people of all different political persuasions. Mr. Grothman. I do not mean to cut you off. To me, the problem is even if you say you are being non-ideological every novel has a message in it, right? If you are a hardcore Democrat, you want to give the kids a different message than more of a traditional person. What can we do to get back to 50/ 50? When I went to college, by the way, I remember--you can tell how old I am. I would say half the teachers in the school had Join McGovern buttons on, so I know what was going on there. Yes, can you think of any way we can get back to say in English literature about a 50/50 split here. Mrs. Gentles. Again, I think that the teaching profession needs to be welcoming to people of all different perspectives. When you have the environment right now that encourages teachers to keep secrets from parents there are people of maybe a more conservative persuasion that are not comfortable with that and they are not going to want to stay in the teaching profession or join the profession. Perhaps if the profession is more inclusive of a wide range of values and includes more conservative values there either might be more of a balance. Chairwoman Foxx. The gentleman's time has expired. Ms. Manning, you are recognized. Ms. Manning. Thank you, Madame Chair. I want to associate myself with the earlier remarks of my colleague, Mr. Takano. It is concerning that extremists are being given a platform in the Congress of the United States to spread misinformation and disinformation by citing antidotal incidence or by citing their own articles of evidence to back up their misinformation about what is going on, in general, in our schools. This is a serious body that has important work to do for the American people and America's children. We have real issues to deal with and that is what my constituents sent me here to address. I do appreciate the focus and discussion today about the critically important issue of apprenticeship programs and technical training programs in community colleges. These types of educational opportunities are particularly critical to my district where we are now seeing the growth of good-paying jobs in advanced manufacturing that require education beyond high school. Governor Polis, the Public Workforce Development Systems can only be successful if employees see value in engaging with these systems. Given your experience working with employers in your State, do you think the Workforce Systems are providing value to employers and are their key areas that need to be strengthened? Governor Polis. Applaud the work of Careerwise now helping to link the employer side in Colorado and several other states. We, as a State, see value in this and I believe in putting our money where our mouth is, meaning we, ourselves, as a State we have now partnered with apprenticeship in several of our State agencies to be able to make sure that we can benefit from the work of individuals who are getting an education while they do it. We see the benefit. So many private sector employers across our State increasing numbers--I am happy to submit the list of participating employers to the Committee--are seeing the benefit because when I talk to CEOs, chief H.R. officers in many of the major employers in our State the No. 1 issue they bring up is always how do we attract and retain the talent we need to succeed? They see apprenticeships and these kinds of models as a key strategy of achieving their own goals of making sure they can track and retain the people they need to continue their success. Ms. Manning. Thank you. Are there ways you think employers could do more to support workers, especially those with barriers to employment in lifelong learning? Governor Polis. I think now is an excellent time to have that conversation because more than ever employers are really looking and thinking out of the box about how they can meet their workforce needs. In Colorado, we have two jobs that are open for every unemployed person, and I know there are many jurisdictions across the country, that have a similar dilemma. Now is the time to really convene, as we have in Colorado, many of the key employers. That means at the county level, it means at the State level, at the regional level, and really talk about how we could improve the pipeline of talent to further their success. We are looking at aligning our workforce dollars, some of which are ARPA dollars, with meeting the needs of the growing private sector in our State. Ms. Manning. I met with one of the leaders of one of our great community colleges just yesterday and talked to her about what we can do to get more older students, students with families back into the system. She talked about needs, including childcare, transportation, nutritional benefits, and mental health issues. Unfortunately, some across the aisle feel that these investments should be cut. You noted in your testimony that wraparound services are a part of Colorado's investments in the workforce. Do you feel that these services have increased retention and increased the number of people who can come into these workforce development programs? Governor Polis. Without a doubt, making sure that people can get to workforce training programs helps improve participation for those for whom transportation was a barrier that they could not overcome on their own. We are also partnering with our community colleges and colleges to provide additional onsite childcare opportunities. By the way, that benefits their workforce as well as the students. Both for attracting and retaining the support staff they need as an institution as well as for the students, the availability of lower-cost onsite daycare is critical. Ms. Manning. That is great to hear. I am going to stick with you, and I am going to ask you one more question and that is about one of the real crises in our schools and that is youth mental health. You noted in your testimony that Colorado is expanding mental health support for students and offering free therapy sessions with mental health professionals. As your administration has begun implementing these programs, have you seen an impact on student populations? Governor Polis. Yes. The demand has been huge. Getting the word out, particularly, for students who otherwise have barriers to access. That can be geographic, it can be a rural area, it can be a cultural or familial barrier where they do not know where to go or who to ask for help and really making it easy and convenient has absolutely help lead to improved learning outcomes as well as helped make sure that we have a safer State. Ms. Manning. Thank you. I am not sure if I am going to get a gold star, but I yield back. Chairwoman Foxx. I told you we are working on some kind of recognition to you. Mr. Bean, you are recognized for 5 minutes. Mr. Bean. Thank you very much, Dr. Foxx. Good afternoon to you and good afternoon to the Education and Workforce Committee. It is good to see everybody. Dr. Foxx, I am going to give you a gold star because you have shined the spotlight on a crisis. It is in education. I come from the free State of Florida where I have served 10 years on the frontlines of legislating ways to improve education, empower parents, and really focus on results. Some of the legislation has been talked about in the Committee, and I am going to talk about it back to let you know the real story of what we have done in the State of Florida. Now, do not trust me. Go look at our state's report card, or you can look at parents who have voted with their feet to come to the State of Florida with the reason being they wanted their kids back in school. That is what they wanted. In the free State of Florida, what we discovered is education and kids do better when there is live instruction. They do better when schools are open. They do better when parents are involved and empowered. They do better, as Governor Polis said, when there is choice, because all kids are, in fact, different. They also do better when there is more time focused on the things that matter. A couple of the legislation bills that were talked about is the so-called Don't Say Gay bill, which has nothing to do with anything about gay or anything the other opponents want to say about it. What it does say, and I wish I could name the bill. In fact, let us do it right now. There is a new name for that bill and it is called Let Kids be Kids bill because there is no reason whatsoever that we should be teaching sex or any of the--we should not be teaching sex to kindergarteners, first, second, third graders. That is what that bill says. Let us teach age-appropriate things. Hey, let us teach things--subjects that matter, Reading, Writing, Arithmetic. The so-called CRT, we have said no in the State of Florida, no to CRT. There is no value. There is no value to teach kids to hate each other based on race. There is no value in teaching kids to feel guilty just because they are of a certain race or persuasion. Let us teach them--here is a novel idea. Let us teach them Reading or Math or Science. My first question--and I have got questions for every single one of you. That is, Mrs. Gentles, what can we do--and this is new to me on a Federal level because this is--the action is at the states, but what can we do on a Federal level to help states, like the free State of Florida, better their education system? Mrs. Gentles. Well, we certainly need to celebrate states like Florida, who were success stories when it came to the NAEP scores and success stories for keeping schools open and ensuring that academics are at the center. A big thing that the Committee can do is support school choice legislation that does happen at the Federal level for states who are very different than Florida and do not have an array of options. Ensuring that charter school programs receive sufficient funding, taking a look at that education tax credit program that would provide options for students in states that do not have robust choice programs. That is definitely something that can be done at the Federal level. Then again, reminding parents of their rights under PPRA, under FERPA, ensuring that states and districts are not lying to parents about what Title IX does and does not do. That should be something that the Committee could do. Mr. Bean. Mrs. Gentles, thank you so much. That is the right answer, the answer that I was hoping for to continue to push states. I am running out of time. I have got a question for everybody. Let us make it a multiple-choice, toss-up question for everybody and that is it. I am thinking about a bill, our last meeting, our roundtable was Dr. Foxx did a focus on the disaster we call the Student Loan Program. How can we fix it? My thought is, what if we did a bill that said a college has to cosign for the loan so colleges are involved whether that loan is made. Is that a good idea, a bad idea, or an idea worth exploring, Mr. Pulsipher? Mr. Pulsipher. Thank you for that question. I think that there certainly are ways by which if you increase institutional accountability or risk sharing in the cost of attaining a degree that would increase the incentive to control the cost of attaining a degree. Mr. Bean. Good idea. Thank you. Governor Polis, good idea, worth exploring? Hurry. Governor Polis. Hello, from the free State of Colorado. Aligning incentives to outcomes, there is a lot in Mr. Pulsipher's testimony about that and I generally agree with the directions that he indicated in his testimony. Mr. Bean. Good idea. Thank you so much. Dr. Sullivan. Dr. Sullivan. Not a big student loan participants in terms of our students because our price point is relatively low. I would say to you we already have Title IV provisions that require institutions to be partners in the form of Return to Title IV. I would suggest to you it is probably not a bad idea. Mr. Bean. Thank you. Yield back. Chairwoman Foxx. Thank you very much. Ms. Wild, you are recognized for 5 minutes. Ms. Wild. Thank you, Madame Chairwoman. I am not sure I am going to get a gold star here, but I am going to try. I was encouraged when I read the testimonies of the witnesses getting ready for this hearing because I found a number of points of agreement with each of you. In fact, much of this hearing has addressed points of agreement, but there are a few areas that I really need to hone in on. I want to make a couple of observations at the outset. Here I am as almost the last witness or the last person to question, so I have heard a lot in the course of this hearing and my observations, first of all, to my colleague and to anybody who believes otherwise, CRT, otherwise known as Critical Race Theory, is not taught in the K to 12 schools, ever. This is a talking point that has been used by the opposition party to try to inflame parents and people and it is simple not done. We need to stop talking about it. No. 2, there is a reference in at least one testimony to cruel COVID-era closures of schools. I would like to point out that the COVID-era closure of schools started under President Trump, and I am not suggesting that it was inappropriate, but this seems to be something that is consistently blamed on the Biden Administration and Democrats and it is very important to note that the schools were closed in roughly March 2020 when President Trump was still President. Third, I have heard a lot of comments about teachers and teacher unions. I have read a lot about in the testimony almost suggesting that they are the root of all problems in our schools. It was refreshing when we were going through COVID and so many of these kids were learning at home online. It was so refreshing to hear parents say now I really appreciate my kids' teachers because they understood just what a challenge it is to teach. Those are my observations. Onto the points of agreement, Dr. Sullivan, I agree with your testimony that PELL needs to be expanded to include workforce programs. Mr. Pulsipher, I agree that Higher Ed must meet the needs of the workforce and that Higher Ed must create value for the students and Higher Ed must be accessible, transferable, and equitable. I just want you to know all the things I agree with you on. Mrs. Gentles, I agree with you that far too many forces within the education system insist on prioritizing the promotion of ideologies over academic instruction. I agree with you that we need oversight and accountability of emergency Federal funding to schools, and I think the Biden Administration is actually doing that oversight and accountability of those funds. I agree with you that far too many classrooms are chaotic and sorely in need of programs that support mental health and discipline. We do disagree, however, on where these ideologies that you spoke of are coming from. I will start by talking about the effort to ban books in public school districts across our country. We have heard from Pan America that 138 school districts across 32 states banned books from the Summer of 2021 to the Summer of 2022. These bans affected 4 million students nationwide. Forty-one percent of the banned books over this time period featured LGBT themes or characters, 40 percent featured characters of color, 21 percent dealt with issues of race and racism. Do you believe that all those books in those categories should be banned? That is just a yes or no question. Mrs. Gentles. No, I am not a supporter of book bans. Ms. Wild. Okay. Good, then you probably would agree with me then that this nationwide movement to prohibit students from reading certain books is an attempt at ideological indoctrination in our public education system, which was exactly what your testimony did not want to see? Mrs. Gentles. I would want to point out that the books that are being brought up and questioned, not banned, but questioned are generally of very sexually explicit in nature, regardless of the other themes, and the focus or the main characters in those books, the sexual explicit nature of the books, particularly, when you are talking about graphic novels that are aimed at younger, emerging readers, those are the primary concern. Ms. Wild. I think we could probably agree that sexually explicit materials should not be given to young elementary school students. Can we agree that it is important with older students to teach the skill of critical thinking? Mrs. Gentles. We absolutely agree that critical thinking is important. Ms. Wild. Okay. Meaning the ability to look at a situation, weigh the evidence, look at the trustworthiness of a source, particularly now with rampant social media that spreads all kinds of things, and arrive at a person's own conclusions based on the evidence. You like that idea? Mrs. Gentles. Absolutely. Ms. Wild. Okay. This is best done by exposing people, and I am not talking about four and 5-year-old, this is best done by exposing people to exposing people to different ideas, teaching them about the sources, and letting them evaluate the evidence. True? Mrs. Gentles. Yes. Ms. Wild. Okay. In general, would you---- Chairwoman Foxx. Your time has expired. Ms. Wild. Yes. I told you I was not going to get a gold star. Thank you. I yield. Chairwoman Foxx. Thank you. I am going to give Mr. Kiley a gold star for being here and being so patient today, because he has sat through this entire hearing waiting to be--oh, Ms. Hayes too. Okay. Mr. Kiley. Happy to share the gold star. Chairwoman Foxx. Thank you. You are recognized. Mr. Kiley. Governor Polis, thanks very much for being here today. I believe you are the founder of a charter school yourself, is that right? Governor Polis. That is correct, two. Mr. Kiley. Two charter schools and you have been a strong supporter of charters in Colorado. As you know, after President Biden took office the Administration almost immediately set out to target charter schools with proposed rules that, as you put it, would ``gut the Federal charter schools' program.'' You wrote a letter to Secretary Cardona, in which you said you strongly oppose the Department of Education's proposed new rules. Now, I have to say, when you were asked about this earlier you seemed to hedge a little bit by saying that while different states have different authorizing laws, there was no hedging in this letter. You celebrated the national impact of charter schools. You wrote ``Around the country public charter schools are making a difference in students' lives. During the 2020/ 2021 school year, nearly 240,000 new students enrolled in charter schools across the country.'' You also wrote in this letter ``It is confounding and deeply disturbing that the Department of Education would even want to consider making the opening of high-quality charter schools considerably more difficult than ever before. Our students need more public school options and high-quality charter schools play a critical role in providing that access.'' I do not want to put you in a tough spot. I am coming at this from someone who is very interested in bipartisan education. I am a former high school teacher myself, very interested in working on a bipartisan basis to expand educational opportunity, to expand high-quality public school options, to close achievement gaps, and I have now found some partners on the other side of the aisle. I hope to have the chance to collaborate with you as well. I have to say it has been few and far between with many in your party, it is like running into a brick wall. The only interest they have in charters is how to harass them, how to target them, how to get rid of them. In my State, California, the Governor and super majority have been condemned time and time again by Civil Rights groups for their relentless attacks on charter schools. You are the chosen witness here of the minority at today's hearing. I just wanted to get your help in understanding why do you think so many elected officials in your party are hospital to charter schools? Governor Polis. Well, I do not think that--I do not see charter schools as a partisan issue. In our State, about 15.2 percent of kids who go to public schools go to attend a public charter school. I founded a charter school for new immigrants and English language learners and one for kids who were experiencing insecurity in housing. Again, I was pleased with the final rule. Again, while I did not think the rule was necessary from the Department of Education, it did incorporate many of the changes that I suggested, that others suggested involving charter schools. This is around a funding stream that specifically supports new charter schools and it is very important. I helped write some of the legislation when I was here around that piece of the Every Student Succeeds Act and it is really important to support innovation. I think it is a high return investment. It is a small dollar amount, high return. It is also important to note that every idea is going to work out and that is Okay, just as every charter school does not work out, every new district initiative does not work out, but if you are not trying to do something different, then you are doing things the same way. Mr. Kiley. I am sorry. My time is limited, so I just want to get back to the question. Governor Polis. Sure. Mr. Kiley. It has become a partisan issue as this Administration almost immediately went after charter schools. As you well know, the opposition of charter schools largely comes from the other side of the dais. We have heard some comments today. I want to get your thoughts on this. Why has it become a partisan issue? I agree with you, it should not be. Governor Polis. Well, again, President Obama was very supportive of high-quality charter schools. I have every reason to believe the Biden Administration is also supportive of high- quality charter schools that improve equity and access. I think what they are pointing out, and again, I do not always agree with everything that they have said, they are more concerned about the equity and access piece. I think it is complicated how charter schools affect equity and access. It depends on the particular charter school, depends on the attendance, depends on the recruitment. Yes, some states and some school districts have better or worse authorizing laws than others. We are proud of our authorizing laws in Colorado, and we hope to improve them even more. Mr. Kiley. Do you have any other theories as to why it is that in some states we have overwhelming opposition to charters from one side of the aisle? Governor Polis. Well, there are certainly states that have worse charter authorizing laws. Frankly, they have had some negative experiences with charters that we have not seen in Colorado. In Colorado, we have seen them as a very constructive, innovative part of public education, and there is enormous demand for differentiated programs. By the way, districts have learned from practices in charter schools and districts have improved and offered new programming in district schools as well. Mr. Kiley. Well, thank you. I appreciate your commitment to doing the right thing for students, and I would encourage you to have conversations with some who are less willing to take that same approach. Chairwoman Foxx. All right. Thank you very much. Ms. Omar, you are recognized for 5 minutes. Ms. Omar. Thank you, Chairwoman. I wanted to enter this article into the record from the Florida Phoenix. I know the gentleman is no longer here, but he was---- Chairwoman Foxx. Without objection. Ms. Omar. Thank you. [The information of Ms. Omar follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Omar. He was speaking to how wonderful Florida was doing in regard to education, and I just wanted this record to be entered into the record, just 17 percent of eighth graders were proficient in Math in Florida, and 6 percent were considered advanced in the subject in 2022. I think it is really important for us to be able to share actual facts in Committees. When it came to Reading, 70 percent of eighth graders that were tested were not proficient in Reading according to these results. Now, Governor Polis, from the free State of Colorado, I greet you as someone who represents the free State of Minnesota. I wanted to talk to you a little bit as both a parent, someone who sat on this Committee, and someone who now is a Governor. As a mom of four children who are in the fifth grade to juniors in high school and one sophomore in college, is there anything that is prohibiting parents from being involved in their children that you are aware of outside of time constraints that you and I might have? Governor Polis. I think that language can sometimes be a barrier and many of our school districts are taking great proactive approaches to---- Ms. Omar. Do you know of any laws that say a parent cannot show up to PTA meetings---- Governor Polis. No. Ms. Omar [continuing]. Or to school board meetings? Governor Polis. To the contrary, we are really focused on how we can get parents more involved. Ms. Omar. Yes. I participated in PTA meetings. I also was a guardian for two of my nieces. I went to almost all the school board hearings when my kids were younger before I got elected to Congress. I am sure you were involved or would love to be as involved. You probably would try to go on all the field trips, talk to all the teachers. My dad was actually notorious for showing up to my school, sitting in the back of the classrooms when I was in high school to the point that it drove me and my classmates insane. I am not aware of, as you have just said, any decisions that are being made by lawmakers here in Congress, by local lawmakers that is saying we do not want parents' input. We do not want parents' involvement. We do not want parents' engagement in our schools. I just hope that we put this argument that is not based on the actual facts that are taking place in our communities to be put to rest. I also wanted to congratulate you on some of the work that you are doing about addressing mental health issues in your State. Some of the ways in which you are using the bipartisan Safer Communities Act that we passed. Our State is also doing some incredible work in regard to higher education. I know that you talk about the importance of holding institutions accountable for deceitful practices. Your former colleague, Attorney General Pete Ellison, shut down a company that was fraudulently promising student loan forgiveness to Minnesotans, who often these types of practices target veterans. They target immigrants. They target the most vulnerable. On the 4-years that I have sat on this Committee, we have done a lot of work on accountable for these types of practices and I am proud of what we have been able to accomplish, and I am pleased to see that the Administration is working on gainful employment regulations. From your perspective, why is the Federal Government accountable important in higher education? Governor Polis. It is important, of course, from the Federal perspective and Congress's perspective because these are taxpayer dollars that you are custodians of. It is important from the customer's perspective, the individual who's benefiting, so that they have the knowledge and the data to back it up that the time and effort that they are putting in to better their lives will actually produce better earning outcomes and a better life for them and that they do not fall subject to a scam or somebody's attempt to take their money. Ms. Omar. Well, thank you. Again, I will say this is the Education Committee. We should be factual and talk about the truth. I yield back. Chairwoman Foxx. Mr. DeSaulnier, you are recognized for 5 minutes and I am going to avoid responding to that right now? Mr. DeSaulnier. To the 5-minutes? No, forget it. Well, thank you, Madame Chair. Thank you, Ranking Member. Thank you for this hearing. Thank you to the panelists and Governor, it is delightful to see you. You are triggering fond memories of a field trip that we took to the Bay area when you were on the Committee. I do not know if the Chair remembers our conversation when we were waiting for a ride on a street corner in San Francisco, but we'll leave that for another venue. Governor Polis, I want to talk about just following up on the questions about outcomes as a former employer, some of the comments about making sure that we are getting people trained for the workforce and transparency in data collection. We have some support for the transparency, Higher Education Act, so that we make sure that the data is collected, and we have that to prove the outcomes. I wonder if you have any comments on that. Governor Polis. I think the next iteration and in generation and outcomes, of course, traditional measurements, job placement, loan repayment rates are very helpful and constructive. I think the next generation will be looking at return on investment in ROI and seeing how you can maximize the ROI from both time and dollars in terms of increased earning potential from the beneficiary. Mr. DeSaulnier. Okay. I want to ask you some questions on a different subject matter that you have touched on specifically about ESSER funding and ARP, and the requirements to 5 percent and the 1 percent that we hold back. We know in states like California, where I am from, we did a lot of work. I led a bicameral and bipartisan taskforce on intersession and summer learning loss, and nutritional loss around the State. We have worked with, on a bipartisan level to make sure that we extended the school year in California, and other states have like Colorado, and we gave also provided more year-round afterschool programs. It was a big issue for Governor Schwarzenegger and now in California, that we have free and reduced lunches with high nutritional standards, year-round, that the State pays for, largely. I wonder if you could talk about--we were prepared, in a way, not for the level of the pandemic, but we already knew about what we would lose when the kids were not in the classroom. There are other options within the system that we are working on that increase performance, particularly for disadvantaged communities. You have demonstrated leadership in your State on this issue. It does not have to be all about the COVID experience. We have learned lessons and the model has changed, so the social model, two income households, kids out of school with more time alone. Maybe you could address your experience in Colorado with positive outcomes. Governor Polis. First, it is very important to highlight that these types of innovations that California has undertaken, that Colorado has, and many states have would not have been possible without the American Rescue Act, without ESSER. That is what really empowered states to be able to say let us increase learning time, which is a very data-driven intervention. That is probably the single biggest utilization of funds, different ways of increasing learning time. It could be after school, summer programs, longer school year, these all take resources and take investment. The revenue, of course, from our school districts was static to some even, of course, down during the midst of the pandemic. Really, these types of proven data-driven interventions that we know will improve student achievement would not have been possible without congressional action that we are very grateful there. Now, that is the biggest bulk of it. On top of that, deployment of resources to address mental health challenges of students to make sure they are ready to learn. We talked about the nutritional element as well, housing security, a number of other social determinants of successful educational outcomes, but the single biggest is just the very traditional time on task, data driven, it works. Spending quality time learning Math, learning Reading helps the students get there. Mr. DeSaulnier. I appreciate that. We were able to get a bill that I was the author of out of the House, Mental Health Matters Act. The Chairman and I have had discussions about this when she was the Ranking Member. I look forward to engaging my colleagues on the other side on what we do about developing a workforce around mental health, particularly, for young people. Yes, I just really appreciate the comments. Madame Chair, I always look forward to positive reinforcement for you, so I am going to yield back with 40 seconds left. Chairwoman Foxx. Another gold star. Hurrah. I am going to recognize the Ranking Member of the Committee now for 5 minutes. Mr. Scott. Mr. Scott. Thank you, Madame Chair. Governor, it is good to see you back. I remember when you were a member of this Committee you had kind things to say about Early Childhood education. You mentioned that the childcare aspects of it would benefit the parents. Could you say a word about the long-term benefits to the student? Governor Polis. Yes. Several long-term longitudinal studies that have taken place over decades and saw the tremendous benefit of Early Childhood education often to the tune of 7 to $12 for every dollar invested in quality Early Childhood education. Where do those benefits come from? Better high school graduation rates, lower youth adjudication rates, less interactions with law enforcement, safer, higher earning potential, so a number of benefits have been shown from not just preschool and kindergarten, but quality birth to four as well to make sure that all kids have the advantage that some kids have of parents reading to them, of word spoken, of books discussed, and that is important to bring to more children to address this achievement gap before it occurs. It is harder to address in third grade and fifth grade than it is to prevent it from occurring in the first place. Mr. Scott. Along those lines, I remember one thing you said that you were on a study committee when you were in the State senate and concluded we are talking about high school achievement and the best way to improve high school achievement was to put all your money into Early Childhood education and wait 10 years. Governor Polis. You have an excellent memory, Mr. Ranking Member, so yes, the preface to the report. Of course, it is no excuse not to reform our high schools now and we want to improve them, but they will look much better and perform much better if every child gets a strong Early Childhood education. Mr. Scott. Can you say a word about the importance of assessments and accountability in K through 12? Governor Polis. Yes, assessment and accountability are critical and that is one of the major deficiencies in some of these so-called choice models in states like Arizona where we will not even know, as a State, as country, what works, what leads to increased student achievement and what does not. It is important in Higher Ed. It is important in K-12. If we are all about, and a number of members on both sides of the aisle have said, let us make sure kids learn Math, Reading, Writing. That is what we should focus on. We need to make sure we know whether they are achieving at grade level in those areas. Therefore, while no one enjoys assessment, it is really important to make sure that we are accountable for all students and that we can address persistent achievement gaps that occur along racial lines, along income lines, along geographic lines, and that we can have strategies to address those. Mr. Scott. Thank you. Mr. Sullivan, you mentioned the short-term PELL legislation that's pending now. You did not mention last year the House passed a short-term PELL bill that was a specific amendment to the Competes bill. The short-term PELL had overwhelming Democratic support. The Competes bill passed with overwhelming Democratic support, but it did not survive. You have heard from this side there is strong support. You have also heard there are some problems with the for- profit and what we do not want to happen is we have short-term PELLs, and you set up some little storefront operations that deal out worthless credentials and take all the PELL money. My question is how would you differentiate the good programs from the bad programs? Dr. Sullivan. Great question. Thank you for your leadership around Workforce PELL and with this group, this body in the past. I want to take a step back for 1 second and I would really like for you to think about, within the context of Workforce PELL we are opening up opportunities for people to be able to be educated in a shorter period of time. I know I have said that a couple of times, but it is so very important. Mr. Scott. We agree on that. Our community colleges programs, 6 to 16 weeks, tremendous programs. The question is if you open it up to everybody, you are going to be wasting a lot of money unless you have a screen that only appropriate vendors can get access to it and how do you separate the good from the bad? Mr. Sullivan. It is a matter of employment. It is a matter of earnings. It is about job demand. It is about ensuring that people get value from the experience. I would urge that we continue down the path on the accountability front. This issue is too be for America's public institutions only to solve, with 60 million adults with a high school diploma or less. Mr. Scott. We are trying to write legislation. Let me ask the other witnesses if they would have a quick statement about how we can legislate that would divide the good from the bad. Mr. Pulsipher. I would echo the fact that you should look at value and cost rather than modality or method or delivery mode. We certainly do not believe that online, for example, is a great delimiter of quality. The number of individuals today who actually utilize the online mode, especially with public and private nonprofit institutions, like WGU, it is ultimately about whether that program is delivered at a cost relative to the value of that program in the marketplace. Mr. Scott. Can you legislate along those lines? We have got to write legislative language that separates the good from the bad, do you have examples of what we can use? Mr. Pulsipher. Yes, I certainly that you can utilize things, key results around how do students complete those programs, what is the attainment rate of jobs and opportunities of completeness of those programs and what was that value relative to the cost of actually completing the program. I think that increasing transparency and accountability at an institutional level is certainly possible. Chairwoman Foxx. I think the Chairman's question is very important. I am going to let it go on, but do not take too long please. Governor Polis. I will be brief. I applaud WTU for the absence of Federal criteria, really thoughtfully coming up with their own criteria and that could help form part of a template for what the Federal Government looks at to maximize return on investment from investments that are made. Mr. Scott. Thank you. Madame Chair, I think you have heard from the answer that the for-profit/non-profit is not the split because there are some good for-profits and some bad non- profits. We have got to figure out how to make sure that the money is being spent well, and I think we are in agreement on that. It is an important possibility that we can get done. Chairwoman Foxx. Yes, sir. That is why I wanted to let the questions go on. Mr. Scott. I thought so. Chairwoman Foxx. Mr. Courtney, you are recognized for 5 minutes. Mr. Courtney. Thank you, Madame Chairwoman. Thank you to all the witnesses. I have been really kind of in and out here today and appreciate your patience and endurance here today. One area where American education that I believe is not in crisis, in fact, it is highly valued is anything particularly in the moment we're in, in terms of our economy, is career and technical education funding. The omnibus that we just passed actually boosted the CTE account by $100 million above last year. I come from a district, and the Governor remembers because we used to sit next to each other on this Committee a number of years ago, and my friend from Connecticut knows this. We have a shipyard that builds submarines, and the demand signal is off the chart in terms of the Columbia Class Program and the Virginia Class Program. The good news is that it is gone from about 7,000 to about 13,000 workers. They have got to get up probably another 5,000. There are 1600 job openings, mostly in the metal trades, welding, electrician, sheet metal, you name it. The career and technical education programs that are there are completely packed with waiting lists. Secretary Cardona from Connecticut, who was a graduate from a tech school, came up and visited. Again, is a passionate believer that we have got to move this curriculum to comprehensive high school and that is actually what some of that new money that was in the Omnibus is going to be aimed at is in terms of trying to push that out. There is a problem, and the President talked about this last night, which is, so if you have a master welder teaching kids how to just do almost intro welding, the good news is, is that when these kids graduate, even at high school age, they are probably starting at about $50,000 a year, and in no time they are actually going to be making more money than the master welder who is teaching in the program there. Trying to find a way to get the right skillset in the welding booths to teach what is a critical occupation right now for the country in terms of these programs is going to require having to come up with a way to pay for the quality that you need. I do not know if you are running into this, Governor Polis, in Colorado, but in the CTE area almost all of them are teaching skills that you could go out right now in this his economy and make far more than you could as a teacher. Governor Polis. Yes, I agree with the focus on increased resources and investment in career and technical. There are also opportunities, as you discussed, WIOA for allowable use of funds while students are still in school, as well as looking at additional partnership with the private sector like we have through Careerwise where students are able to replace for earn while you learn models while they are working. In effect, a kind of apprenticeship model that can complement the traditional career and technical education model. Mr. Courtney. Again, Mr. Sullivan, I know this is in your space. I do not know if you had any comment, again, about trying to get the people in the classrooms. Mr. Sullivan. Thank you for the question and thank you for the focus on CTE. In particular, I mentioned earlier one of the more difficult parts of creating the capacity is identifying that faculty member. One of the things that we have done is worked with our industry partners. As someone begins to look at retirement, 6 months, 9 months prior to retirement from one of our business partners, being able to slide that individual over into the classroom and allowing them to teach and to be able to give back has been a really successful strategy for us. For that group they are not as concerned about the pay. They are concerned about giving back and so that has been a great strategy. What I know for certain is we do not have enough retirees to meet that capacity issue. Mr. Courtney. I was just going to chime in with that point because they are tapping into that same pool and a lot of them are just super passionate about mentoring and really teaching people that manufacturing is not a dirty sort of dismal job. The fact of the matter is, is that is a really unreliable pool. I mean we have to figure out a way, again, to get the people who have the talent. I mean welding an admiral who was down there once described a nuclear welder is about as skilled as a brain surgeon. I mean there is no margin for error when you are building a vessel that does not support human life. Again, I think it is just something we need to think about in terms of this question about 11 million job openings in the economy, highly concentrated in manufacturing, and how do we get people connected with the right teachers to make sure they can help the country and succeed for themselves. I yield back. Chairwoman Foxx. Thank you, Mr. Courtney. I will now recognize myself for 5 minutes. I have got three questions to ask, so I will ask you all to keep that in mind. Mr. Pulsipher, you brought out from both sides of the aisle the interest in ROI. It is clear that there is bipartisan support for that. Could you briefly describe how this metric could be applied in the broader, post-secondary context, risk sharing, performance bonuses offer, in demand, high quality credentials, just a few more points on what you brought up before. Governor Polis. The ones you touched upon, risk sharing is an excellent example--oh, sorry, Mr. Pulsipher. Mr. Pulsipher. Thank you, Chairwoman. I do think the more we can bring a spotlight to value the better. That is for sure. I would share with you some of the things that we have held ourselves accountable to. To increase value, you have to increase completion rates, so you have to look how well are students, who are beginning the program, completing the program. You then have to look at whether or not having completed that program, are they actually obtaining employment in the field of study, and are they achieving the economic return on that, and what does that look like for the students through that program. Third, you absolutely have to be able to look at the cost of completing that program. There is no doubt that in many programs today that the wage for--you know completeness of that program has not increased at the same rate the cost to achieve it has. I certainly believe that we can increase reporting and accountability at institution level for such metrics. We certainly can also involve the creditors in looking at institutions to present their plans to improve those outcomes. When we do so, we can give that information to students so they are making better choices about their future. Chairwoman Foxx. Thank you. I appreciate that. Mrs. Gentles, I want to go back to Mr. Bowman asking you a question about balance literacy and phonic-based reading instruction. There was a followup with Ms. Houchin. Mr. Bowman did not give you a chance to respond, but I know from my reading there is significant research showing what does and does not work when teaching kids to read. Could you respond to Mr. Bowman's argument that balanced literacy is an effective approach to reading instruction? Mrs. Gentles. Right, well, reading influences every aspect of life and we know that students are learning to read up until third grade and then from there they are reading to learn. Unfortunately, for too long there has been this balanced literacy approach that has taught children to read the wrong way and the queuing that we were briefly discussing is an important component of that, which essentially tells children to memorize some words, guess based on pictures and clues and context and then skip words that they are not familiar with. This guessing learning of reading is a huge reason that we have such abysmal literacy rates and fortunately, there is an effort to address this. What we heard as well today, is that children with dyslexia and other learning disability are the ones who are extremely harmed by this. Children with disabilities suffered in the COVID closures and they have suffered through these awful literacy programs that have been debunked and their needs to be prioritized going forward. Chairwoman Foxx. I am very pleased that we have Ms. Houchin on the Committee because I know she is going to bring some great wisdom to this issue, along with some others. Mr. Sullivan, I would like for you to--I have lost my questions. Goodness, gracious here. You have recommended addressing the problem of people not using WIOA, companies not using WIOA, you addressed the problem. You recommended improving coordination with the Higher Ed Act. Could you talk a little bit more about that and how we could have better coordination between the two systems and that would lead to more workers gaining in-demand skills. Mr. Sullivan. Thank you for the question. Let me begin by just pointing out that we have two primary funds in this Nation that fund talent, the PELL grant and WIOA. I have a question for you. Why would we keep them separate? We are trying to accomplish one workforce in this Nation and yet we are using funds from two different instruments that have lots of different prescriptive rules around them that make it exceptionally difficult to accomplish the goal that we have set out. At a minimum, a level of coordination that focuses the United States dollar on solving the issue at hand. Chairwoman Foxx. I am going to take a little point of personal privilege here to say I think everybody who is going into any kind of education program is looking to come out with a career. I have been preaching for a long time that whether you bet a baccalaureate degree, whether you get a diploma, whether you get a certificate, you are in career education and I dislike very much separating one kind of education from another kind of education. I have talked about that a lot because, again, I was getting an English degree. I wanted a job. If you are going into learning to weld, you want a job. I think it is really terrible that we are separating people that way and so I really appreciate you bringing that up and giving me the opportunity to respond to that. I do think it is something we have to really focus on, and I think talking more about short-term PELL and how we can help people gain skills that will lead them to a career, whether it involves a baccalaureate degree or Master's degree, or Doctorate, or whatever that is, but we desperately want people to get skills to be able to improve their lives in the long term. I want to thank all of you for being here today. I think we have had an excellent hearing. Governor Polis, I appreciate you very, very much for coming back. You and I always--I have always felt you had great common sense and you proved it again today and I appreciate it. I am very pleased that we have had this as our first hearing, and we have a lot of work to do for the American people. Thank you all for coming and sharing your wisdom with us and I thank everybody in the audience. The meeting is adjourned. [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [Whereupon at 1:48 p.m., the Committee was adjourned.] [all]

usgpo

2024-10-08T13:26:48.708677

BILLS

BILLS-118s4494is

WIL Act; Workforce Innovation Leader Act

United States Congress Senate

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4494 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4494 To amend the Workforce Innovation and Opportunity Act to improve the provisions relating to providers of training services. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 11, 2024 Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Workforce Innovation and Opportunity Act to improve the provisions relating to providers of training services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``WIL Act'' or the ``Workforce Innovation Leader Act''. SEC. 2. IDENTIFICATION OF ELIGIBLE PROVIDERS. (a) Eligibility.--Section 122(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(a)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) In general.--Except as provided in subsection (h)-- ``(A) the Governor, after consultation with the State board, shall establish-- ``(i) application and enforcement procedures and (only to the extent prescribed in subsection (b)(1)) criteria regarding the establishment of eligibility of providers of training services to receive funds provided under section 133(b) for the provision of training services, with respect to programs in the State; and ``(ii) application and enforcement procedures and (only to the extent prescribed in subsection (b)(2)) information requirements, including levels of performance on the indicators in the requirements with respect to such programs, to maintain such eligibility on the provider list described in subsection (d)(1) (referred to in this section as the `standard provider list'); and ``(B) the Secretary shall establish application and enforcement procedures and (only to the extent prescribed in subsection (b)(3)) information requirements, including levels of performance on the indicators in the requirements with respect to such programs, to establish and maintain such eligibility on the Workforce Innovation Leaders List described in subsection (d)(2) (referred to in this section as the `WIL provider list').''; and (2) in paragraph (3)-- (A) by striking the first sentence and inserting the following: ``(A) In general.-- ``(i) Establishing eligibility.--A provider described in subparagraph (A) or (C) of paragraph (2) (referred to in this paragraph as a `covered provider') shall comply with the application and enforcement procedures and criteria described in paragraph (1)(A)(i), as determined by the corresponding Governor, to establish eligibility by being included on the standard provider list. A covered provider shall be on the standard provider list and shall comply with the criteria described in subsection (b)(1)(B), as determined by the Governor, and the application and enforcement procedures and criteria described in paragraph (1)(B), as determined by the Secretary, to establish eligibility by being included on the WIL provider list. ``(ii) Maintaining eligibility.--A covered provider shall comply with the application and enforcement procedures and information requirements described in paragraph (1)(A)(ii), as determined by the Governor, to maintain eligibility on the standard provider list. A covered provider shall comply with the application and enforcement procedures and information requirements described in paragraph (1)(B), as determined by the Secretary, to maintain eligibility on the WIL provider list. ``(B) Apprenticeship providers.--''; and (B) in subparagraph (B), as so designated, by striking ``the list'' and all that follows through ``(d)'' and inserting ``the standard provider list''. (b) Criteria and Information Requirements.--Section 122(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(b)) is amended to read as follows: ``(b) Criteria and Information Requirements.-- ``(1) General criteria to establish eligibility.--The Governor shall establish criteria solely requiring each provider of training services that seeks to establish, with respect to a program-- ``(A) eligibility under this section on the standard provider list, to demonstrate that-- ``(i) the provider-- ``(I) has a valid business license issued by the State or local government (as the case may be); ``(II) has been in business for not less than 2 years; and ``(III) has a Federal employer identification number issued by the Internal Revenue Service; and ``(ii) the program leads to a recognized postsecondary credential, including specifying the occupations for which the credential prepares individuals and the competencies achieved by the individuals; and ``(B) eligibility under this section on the WIL provider list, to resubmit information to make a demonstration described in clause (i)(I) or (ii), but only if the information previously submitted to make that demonstration is no longer accurate. ``(2) Information requirements to maintain eligibility on standard provider list.-- ``(A) In general.-- ``(i) Requirements.--The Governor shall establish information requirements that solely require each provider of training services that seeks to maintain eligibility on the standard provider list under this section to submit information as required under this paragraph. ``(ii) Timing.--If such an eligible provider provides training services to a participant, for which the participant uses an individual training account, not later than the last date of the fourth quarter after the participant's exit from the program, the provider shall submit information on the provider's performance on the indicators described in subparagraph (B) to the Secretary. ``(B) Information.--The eligible provider shall submit information on indicators that shall consist solely of-- ``(i) the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program; ``(ii) the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; ``(iii) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program; ``(iv) the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to section 116(b)(2)(A)(iii)), during participation in or within 1 year after exit from the program; and ``(v) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment. ``(C) Levels of performance.--The Governor shall establish levels of performance on the indicators described in subparagraph (B) for maintaining eligibility on the standard provider list. ``(D) Determination.--The Governor shall determine whether the provider has demonstrated that the provider has met the levels of performance by examining the required information submitted under subparagraph (B) and any optional information submitted under paragraph (4). ``(3) Information requirements to establish and maintain eligibility on wil provider list.-- ``(A) In general.-- ``(i) Requirements.--The Secretary shall establish information requirements (solely using indicators and levels specified in this paragraph) that require each provider of training services that seeks to establish or maintain eligibility on the WIL provider list under this section to submit information as required under this paragraph. ``(ii) Timing.--If such an eligible provider provides training services to a participant, for which the participant uses an individual training account, paragraph (2)(A)(ii) shall apply to the provider, with respect to the indicators described in subparagraph (B) of this paragraph. ``(B) Information.--The eligible provider shall submit information on indicators that shall consist solely of-- ``(i) the percentage of program participants who complete the program; ``(ii) the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program; ``(iii) the median earnings of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; ``(iv) the indicators specified in clauses (i) through (iv) of paragraph (2)(B), or shall be deemed to have submitted information on those indicators if the provider has submitted a corresponding report under section 116(d)(4); and ``(v) the indicators specified in paragraph (2)(B)(v). ``(C) Levels of performance.--The Secretary shall establish levels of performance on the indicators described in subparagraph (B) for maintaining eligibility on the WIL provider list, which levels shall be-- ``(i) 80 percent, for the indicator described in subparagraph (B)(i); ``(ii) 65 percent, for the indicator described in subparagraph (B)(ii); ``(iii) median earnings that are not less than 20 percent greater than the median earnings of a high school graduate in the local area in which the program is located or in which the participant obtains employment, whichever high school graduate earnings are greater, for the indicator described in subparagraph (B)(iii); and ``(iv) the levels established by the corresponding Governor under paragraph (2)(C), for the indicators described in clauses (iv) and (v) of subparagraph (B). ``(D) Determination.--The Secretary shall determine whether the provider has demonstrated that the provider met the levels of performance by examining the required information submitted under subparagraph (B) and any optional information submitted under paragraph (4). On determining that a provider on the standard provider list has met those levels of performance, the Secretary shall notify the Governor, and transmit to the Governor the information described in subsection (d)(2). The Governor shall remove the provider from the standard provider list and include the provider on the WIL provider list, accompanied by the information. ``(4) Optional information submissions.--An eligible provider that seeks to provide optional data, in addition to the information required under paragraph (2) or (3), for the website described in paragraph (7) or to establish the levels of performance under paragraph (3)(C) may submit to the Secretary information on the provider's performance on the corresponding indicators described in paragraph (2)(B) or (3)(B) from years prior to the first year for which corresponding information is required under paragraph (2)(B) or (3)(B), for the provider, or concerning individuals who have completed training services through the provider without the use of an individual training account. ``(5) Seal.--An eligible provider who demonstrates exceptional performance in providing training services by meeting the levels of performance described in paragraph (3)(C) as determined by the Secretary, shall be permitted to display a special seal for exceptional performance, of such design as the Secretary may approve, for display on all public materials. ``(6) State collection and submission of data.--A State may collect and submit information required under paragraph (2), (3), or (4) concerning a participant on an eligible provider's behalf. An eligible provider that seeks to have the State conduct that collection and submission shall submit a request to the State, including information identifying the participant. On receipt of the request, the State may access unemployment insurance system wage data on the participant, to collect and submit the required information. ``(7) Website.--The Secretary shall make publicly available through the training provider results website of the Employment and Training Administration-- ``(A) for a provider on the standard provider list, the accompanying information described in subsection (d)(1); and ``(B) for a provider on the WIL provider list, the accompanying information described in subsection (d)(2), and an identifier showing that the provider has demonstrated exceptional service in providing training services.''. (c) Procedures.--Section 122(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``(1)'' and all that follows through ``procedures established'' and inserting the following: ``(1) Procedures for establishment.--A portion of the application and enforcement procedures established by the Governor and the Secretary''; (B) in the first sentence, by inserting ``, which shall not require the submission of information in excess of the information required to determine eligibility under subsection (b)(1)(A) for eligibility on the standard provider list, or under paragraphs (1)(B) and (3) of subsection (b) for eligibility on the WIL provider list'' after ``provision of training services''; and (C) in the second sentence, by striking ``respective roles of the State and local areas'' and inserting ``roles of the State and the Secretary''; and (2) in paragraph (2)-- (A) by striking ``(2)'' and all that follows through ``The procedures established by'' and inserting the following: ``(2) Procedures for maintenance.--A portion of the application and enforcement procedures established by''; (B) by striking ``the Governor'' and inserting ``the Governor and the Secretary under subsection (a)''; (C) by striking ``biennial review and renewal'' and inserting ``maintenance''; and (D) by inserting ``, which shall not require the submission of information in excess of the information required to maintain eligibility under paragraph (2) of subsection (b) for eligibility on the standard provider list, or under paragraph (3) of subsection (b) for eligibility on the WIL provider list'' after ``of training services''. (d) List and Information To Assist Participants in Choosing Providers.--Section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)) is amended-- (1) by striking paragraphs (1) and (2) and inserting the following: ``(1) Standard provider list.--In order to facilitate and assist participants in choosing employment and training activities and in choosing providers of training services, the Governor shall ensure that a standard list of providers determined under paragraphs (1)(A) and (after initial establishment of eligibility) (2) of subsection (b) to be eligible under this section to offer a program in the State, is prepared (excluding providers later included on the WIL provider list). The list shall be accompanied by information identifying the recognized postsecondary credential offered by the provider and information submitted by the provider to make the demonstrations described in paragraphs (1)(A) and (2) of subsection (b). The list shall be provided to the local boards in the State, and made available to such participants and to members of the public through the one-stop delivery system in the State. ``(2) WIL provider list.--In order to offer that facilitation and assistance, the Governor shall ensure that a Workforce Innovation Leaders List of providers determined under paragraphs (1)(B) and (3) of subsection (b) to be eligible under this section to offer a program in the State, is prepared. The list shall be accompanied by information identifying the recognized postsecondary credential offered by the provider and information submitted by the provider to make the demonstrations described in paragraphs (1)(B) and (3) of subsection (b). The list shall be provided and made available as described in paragraph (1).''; and (2) in paragraph (3) by striking ``list'' and inserting ``lists''. (e) Comments.--Section 122(e) of the Workforce Innovation and Opportunity Act (29 U.S.C. 2152(e)) is amended-- (1) by striking ``list'' each place it appears and inserting ``lists''; and (2) by striking ``Governor'' and inserting ``Governor or the Secretary, as the case may be,''. (f) Enforcement.--Section 122(f)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(f)(1)) is amended-- (1) in the matter preceding subparagraph (A) by striking ``procedures'' and inserting ``application and enforcement procedures''; (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (3) by inserting after subparagraph (A) the following: ``(B) Failure to submit information.--Upon a determination, by an individual or entity specified in the procedures, that an eligible provider fails to submit information required by paragraph (2)(B) or (3)(B), as the case may be, of subsection (b) by the corresponding date specified in that subsection, the eligibility of such provider to receive funds through an individual training account under chapter 3 shall be terminated for a period of time that is not less than 3 years.''; and (4) in subparagraph (D), by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), (B), or (C)''. SEC. 3. CONFORMING AMENDMENTS. (a) Local Boards.--Section 107 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3122) is amended-- (1) in subsection (d)(10)-- (A) by striking subparagraph (C); (B) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (C) in subparagraph (D), as so redesignated-- (i) by striking ``paragraphs (2) and (3) of section 134(c)'' and inserting ``section 134(c)(2)''; and (ii) by striking ``and training services''; and (2) in subsection (g)(1)(B)(i)-- (A) in subclause (I), by adding ``and'' at the end; (B) by striking subclause (II); and (C) by redesignating subclause (III) as subclause (II). (b) Employment and Training Activities.--Section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174) is amended-- (1) in subsection (a)(2)(B)(v)(I), by striking ``list'' and inserting ``lists''; and (2) in subsection (c)(3)(F), in clauses (ii) and (iii), by striking ``list'' and inserting ``lists''. <all>

usgpo

2024-10-08T13:27:53.672133

FR

FR-2024-08-28/FR-2024-08-28-FrontMatter

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Contents] [Pages III-VII] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] CONTENTS Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Contents [[Page iii]] Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data Request: Medical Therapies for Locally Advanced Gastric Adenocarcinoma, 68904-68906 Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation, 68849-68850 Anti-Harassment Intake Summary Sheet, 68849 Request for Information: Sanctions and Programs, 68850-68851 Agriculture Department See Food Safety and Inspection Service Centers for Disease Control and Prevention NOTICES Single Source Cooperative Agreement: California Department of Public Health; Chicago Department of Public Health; Delaware Department of Health and Social Services; et al., 68906-68907 Centers for Medicare & Medicaid Services RULES Medicare, Medicaid, and Children's Health Insurance Programs: Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year 2025 Rates, etc., 68986-70046 Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 68853 Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Title IV-E Programs Quarterly Financial Report, 68907-68908 Coast Guard RULES Safety Zone: Annual Fireworks Displays Within the Puget Sound, 68782 Special Local Regulation: Olympia Harbor Days Tugboat Races, Budd Inlet, WA, 68782 PROPOSED RULES Great Lakes Pilotage Rates--2025 Annual Review, 68847-68848 Regulated Navigation Area: Port of Miami, Miami, FL, 68843-68845 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 68913-68918 Certificate of Alternative Compliance: Charybdis, 68916-68917 Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Corporation for National and Community Service PROPOSED RULES AmeriCorps State and National Updates, 68845-68847 Defense Department NOTICES Arms Sales, 68866-68878 Hearings, Meetings, Proceedings, etc.: Uniform Formulary Beneficiary Advisory Panel, 68875-68876 Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application Materials for Economic Development Administration Investment Assistance, 68853-68854 Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Regional Education Laboratory Southeast Early Literacy Toolkit, 68882-68883 Interest Rates: Fixed-Rate Federal Student Loans Made Under the William D. Ford Federal Direct Loan Program, 68878-68880 Variable-Rate Federal Student Loans Made Under the Federal Family Education Loan Program, 68883-68885 Variable-Rate Federal Student Loans Made Under the William D. Ford Federal Direct Loan Program, 68880-68882 Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Standards for Commercial Refrigerators, Freezers, and Refrigerator- Freezers, 68788-68833 Environmental Protection Agency RULES Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Pseudomonas Chlororaphis IPD072Aa Protein, 68783-68785 PROPOSED RULES Fuels Regulatory Streamlining Amendments, 70048-70093 NOTICES Certain New Chemicals: Status Information for July 2024, 68899-68902 [[Page iv]] Clean Water Act: Contractor Access to Confidential Business Information, 68896-68897 Guidance: Pesticides; Test Method for Antimicrobial Product Efficacy Claims Against Planktonic Legionella pneumophila in Cooling Tower Water, 68897-68898 Hearings, Meetings, Proceedings, etc.: Clean Air Act Advisory Committee, 68898-68899 Pre-Prioritization and Consideration of Existing Chemical Substances for Future Prioritization Under the Toxic Substances Control Act, 68894-68896 Federal Aviation Administration RULES Airspace Designations and Reporting Points: Utopia, TX, 68777-68778 PROPOSED RULES Airworthiness Directives: Embraer S.A. (Type Certificate Previously Held by Yabora Industria Aeronautica S.A.; Embraer S.A.; Empresa Brasileira de Aeronautica S.A. (EMBRAER)) Airplanes, 68840-68843 MD Helicopters, LLC, Helicopters, 68837-68840 Special Conditions: Skyryse, Robinson Helicopter Company Model R66 Helicopter; Interaction of Systems and Structures, 68833-68837 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Repair Stations, 68980 Airport Property: Youngstown Regional Airport, Youngstown, OH, 68979-68980 Federal Bureau of Investigation NOTICES Criminal Justice Information Services Division User Fee Schedule, 68930-68931 Federal Emergency Management Agency NOTICES Hearings, Meetings, Proceedings, etc.: Technical Mapping Advisory Council, 68918-68919 Federal Energy Regulatory Commission NOTICES Combined Filings, 68889-68891 Environmental Assessments; Availability, etc.: STS Hydropower, LLC, 68885-68886 Environmental Issues: DeLa Express LLC; DeLa Express Project, 68886-68889 Gulfstream LNG Development, LLC; Gulfstream LNG Project, 68891- 68894 Filing: Conner, Penelope M., 68890 Federal Maritime Commission NOTICES Agreements Filed, 68902 Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registration System, 68980-68984 Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 68902- 68903 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 68903-68904 Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities, 68903 Food and Drug Administration NOTICES Drug Products Not Withdrawn From Sale for Reasons of Safety or Effectiveness: Fentanyl Citrate Injections, Equivalent to 2.5 Milligram Base/50 Milliliter and Equivalent to 5 Milligram Base/100 Milliliter, 68909-68910 Hearings, Meetings, Proceedings, etc.: Patient Engagement Advisory Committee; Patient-Centered Informed Consent in Clinical Study, 68908-68909 Priority Review Voucher: Rare Pediatric Disease Product; Livmarli (maralixibat), 68909 Food Safety and Inspection Service NOTICES Hearings, Meetings, Proceedings, etc.: National Advisory Committee on Microbiological Criteria for Foods, 68851-68853 Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Housing Opportunities for Persons With AIDS Program, 68919-68920 Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bureau of Indian Education Adult Education Program, 68920-68921 Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chemical Weapons Convention Provisions of the Export Administration Regulations, 68856 Miscellaneous Short Supply Activities, 68856-68857 Request for Investigation Under the Trade Expansion Act, 68855 [[Page v]] Hearings, Meetings, Proceedings, etc.: Materials and Equipment Technical Advisory Committee, 68854-68855 Interior Department See Indian Affairs Bureau See Land Management Bureau See Ocean Energy Management Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Website Satisfaction Surveys, 68921-68922 International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Carbon and Alloy Steel Cut-to-Length Plate From France, 68857-68858 Ferrosilicon From the Russian Federation, 68860-68862 Wood Mouldings and Millwork Products From the People's Republic of China, 68858-68860 International Trade Commission NOTICES Complaint, 68929-68930 Investigations; Determinations, Modifications, and Rulings, etc.: Common Alloy Aluminum Sheet From China, 68930 Justice Department See Federal Bureau of Investigation See Justice Programs Office NOTICES Proposed Consent Decree: CERCLA, 68931-68932 Toxic Substances Control Act, 68931 Justice Programs Office NOTICES Hearings, Meetings, Proceedings, etc.: Coordinating Council on Juvenile Justice and Delinquency Prevention, 68932 Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cotton Dust Standard, 68933 Shipyard Employment Standards, 68932-68933 Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Conveyance of Federally-Owned Mineral Interests, 68922-68923 Onshore Oil and Gas Operations and Production, 68923-68924 Direct Sale of Public Lands: Barstow, San Bernardino County, CA, 68924-68925 National Archives and Records Administration NOTICES Performance Review Board Members, 68933-68934 National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 68862-68863 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Customer Service-Related Data Collections, 68863 National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 68911 National Institute of Allergy and Infectious Diseases, 68911-68912 National Institute of Diabetes and Digestive and Kidney Diseases, 68911-68912 National Institute of Environmental Health Sciences, 68910 National Institute on Aging, 68912 National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Scup Fishery; Adjustment to the 2024 Winter II Quota, 68785-68786 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Atlantic Highly Migratory Species Permit Family of Forms, 68865- 68866 North Pacific Observer Program Safety and Security Survey, 68864- 68865 Hearings, Meetings, Proceedings, etc.: North Pacific Fishery Management Council, 68865 Ocean Exploration Advisory Board, 68863-68864 National Science Foundation NOTICES Request for Information: Science Research Goals/Objectives Affecting Proposed U.S. Antarctic Science Monitoring and Reliable Telecommunications Cable and Route Design, 68934-68942 Nuclear Regulatory Commission PROPOSED RULES Draft Regulatory Guides: Criteria for Power Systems for Nuclear Power Plants and Criteria for the Protection of Class 1E Power Systems and Equipment for Nuclear Power Plants, 68787-68788 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation, 68942-68943 Ocean Energy Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cook Inlet Recreation and Tourism Survey, 68925-68927 Postal Regulatory Commission NOTICES New Postal Products, 68943-68944 [[Page vi]] Postal Service NOTICES Product Change: Parcel Select Negotiated Service Agreement, 68945 Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 68945-68947 Priority Mail Express, Priority Mail, and USPS Ground Advantage Negotiated Service Agreement, 68944-68947 Priority Mail, USPS Ground Advantage and Parcel Select Negotiated Service Agreement, 68946 Presidential Documents PROCLAMATIONS Special Observances: Overdose Awareness Week (Proc. 10793), 68769-68771 Women's Equality Day (Proc. 10794), 68773-68775 Securities and Exchange Commission NOTICES Application: AB Private Credit Investors, LLC and AB Private Lending Fund, 68947-68948 Self-Regulatory Organizations; Proposed Rule Changes: Cboe EDGA Exchange, Inc., 68948-68952 Cboe EDGX Exchange, Inc., 68952-68956 MEMX LLC, 68956-68959 MIAX Sapphire, LLC, 68959-68975 Small Business Administration NOTICES Disaster Declaration: Minnesota, 68975 Texas, 68975 Vermont, 68975-68976 State Department RULES Diplomatic Agent-Level Immunity, 68778-68781 International Traffic in Arms Regulations: Exemption for Defense Trade and Cooperation Among Australia, the United Kingdom, and the United States; Correction, 68778 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nonimmigrant Treaty Trader/Investor Application, 68976 Sanctions Action, 68976-68977 Substance Abuse and Mental Health Services Administration NOTICES Hearings, Meetings, Proceedings, etc.: Tribal Technical Advisory Committee, Indian Health Service, and National Tribal Advisory Committee on Behavioral Health, 68912-68913 Surface Mining Reclamation and Enforcement Office RULES Regulatory Program: West Virginia; Correction, 68781-68782 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contractor Eligibility and the Abandoned Mine Land Contractor Information Form, 68928-68929 Surface and Underground Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, 68927-68928 Surface Transportation Board NOTICES Exemption: Change of Operator With Interchange Commitment; Discontinuance of Service; Waterloo Railroad, LLC, Union Pacific Railroad Co.; Iowa Northern Railway Co., Black Hawk County, IA, 68977-68978 Continuance in Control; OPSEU Pension Plan Trust Fund, Jaguar Transport Holdings, LLC, and Jaguar Rail Holdings, LLC; Waterloo Railroad, LLC, 68978-68979 Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fraud, Waste and Abuse Complaint Form, 68984 ----------------------------------------------------------------------- Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 68986-70046 Part III Environmental Protection Agency, 70048-70093 ----------------------------------------------------------------------- Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/ new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. CFR PARTS AFFECTED IN THIS ISSUE __________________________________________________________ A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Contents Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Contents Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Contents [[Page vii]] 3 CFR Proclamations: 10793................................................68769 10794................................................68773 10 CFR Proposed Rules: 50...................................................68787 52...................................................68787 431..................................................68788 14 CFR 71...................................................68777 Proposed Rules: 27...................................................68833 39 (2 documents)..............................68837, 68840 22 CFR 124..................................................68778 150..................................................68778 30 CFR 948..................................................68781 33 CFR 100..................................................68782 165..................................................68782 Proposed Rules: 165..................................................68843 40 CFR 174..................................................68783 Proposed Rules: 1090.................................................70048 42 CFR 405..................................................68986 412..................................................68986 413..................................................68986 431..................................................68986 482..................................................68986 485..................................................68986 495..................................................68986 512..................................................68986 45 CFR Proposed Rules: 2522.................................................68845 46 CFR Proposed Rules: 401..................................................68847 50 CFR 648..................................................68785

usgpo

2024-10-08T13:26:17.164798

FR

FR-2024-08-28/2024-19441

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Presidential Documents] [Pages 68769-68771] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19441] Presidential Documents Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Presidential Documents ___________________________________________________________________ Title 3-- The President [[Page 68769]] Proclamation 10793 of August 23, 2024 Overdose Awareness Week, 2024 By the President of the United States of America A Proclamation During Overdose Awareness Week, we mourn those who have lost their lives to overdose deaths. We acknowledge the devastating toll the opioid epidemic has taken on individuals, families, and communities across America. We reflect on the progress we have made so far in reducing the number of annual overdose deaths and protecting American lives--and how much more there is to do. And we reaffirm our commitment to doing more to disrupt the supply of fentanyl and other synthetic opioids and support those who suffer with substance use disorder and their families in all of our communities. My Administration made beating the opioid epidemic a key priority in my Unity Agenda for the Nation, calling for Republicans and Democrats to work together to stop fentanyl from flowing into our communities, hold those who brought it here accountable, and deliver life- saving medication and care across America. We are working to tackle this crisis through a comprehensive approach, including by expanding access to evidence-based prevention, treatment, harm reduction, and recovery support services as well as reducing the supply of illicit drugs. We have expanded access to life-saving treatments, like medications to treat opioid use disorder, and have increased the number of health care providers who can prescribe these medications by 15 times. In February 2024, the Department of Health and Human Services issued a rule to comprehensively update the regulations in governing Opioid Treatment Programs for the first time in 20 years--removing barriers to the treatment of substance use disorder and expanding access to care. My Administration has made historic investments in the State Opioid Response and Tribal Opioid Response programs to improve prevention; expand treatment; and deliver free, life-saving medications across America. Already, this program has delivered nearly 10 million kits of opioid overdose reversal medications, such as naloxone. We also continue to fight the stigmatization that surrounds substance use and accidental overdose so that people feel comfortable reaching out for help when they need it. Naloxone is now available over-the-counter for people to purchase at their local grocery stores and pharmacies. We also launched the White House Challenge to Save Lives from Overdose and several awareness campaigns, raising awareness and securing commitments from local governments and cross-sector organizations to increase training on and access to opioid overdose reversal medications in schools, worksites, transit systems, and other places where overdose may occur in our communities. My Fiscal Year 2025 Budget requests $22 billion to expand substance use treatment and help more Americans achieve and stay in recovery. Under my Administration, Federal law enforcement agents are keeping more deadly drugs out of our communities than ever before. We are seizing deadly drugs at our borders so that illicit drugs never reach our neighborhoods. Officials have stopped more illicit fentanyl at ports of entry over the last 2 fiscal years than in the previous 5 fiscal years combined. The Department of Justice has prosecuted leaders of the world's largest and [[Page 68770]] most powerful drug cartel along with thousands of drug traffickers. The Department of the Treasury has sanctioned more than 300 people and organizations involved in the global illicit drug trade. I have also deployed cutting-edge drug detection technology across our southwest border, and I continue to call on the Congress to strengthen border security, increase penalties on those who bring deadly drugs into our communities, and close loopholes that drug traffickers exploit. And in July 2024, I issued a National Security Memorandum that calls on all relevant Federal departments and agencies to work collaboratively to do even more than they are already doing to stop the supply of illicit fentanyl and other synthetic opioids into our country. I am also committed to working with partners across the globe to address this crisis. Last year, I negotiated the re-launch of counternarcotics cooperation between the United States and the People's Republic of China-- which has led to increased law enforcement coordination, increased efforts to tackle illicit financing of drug cartels, and increased regulation of certain precursor chemicals. I have increased counternarcotics cooperation with other key foreign governments; launched the Global Coalition to Address Synthetic Drug Threats, which brings together more than 150 countries in the fight against drug trafficking cartels; put in place new initiatives between the United States, Mexico, and Canada targeting the supply of illicit drugs; and made countering fentanyl and other synthetic opioids a key priority of the G7. Now for the first time in 5 years, the number of overdose deaths in the United States has started to decline. But even one death is one too many, and far too many Americans continue to lose loved ones to fentanyl. Today I grieve with all the families and friends who have lost someone to an overdose. This is a time to act. And this is a time to stand together--for all those we have lost and all the lives we can still save. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim August 25 through August 31, 2024, as Overdose Awareness Week. I call upon citizens, government agencies, civil society organizations, health care providers, and research institutions to raise awareness of substance use disorder so that our Nation can combat stigmatization, promote treatment, celebrate recovery, and strengthen our collective efforts to prevent overdose deaths. August 31 also marks Overdose Awareness Day, on which we honor and remember those who have lost their lives to the overdose epidemic. [[Page 68771]] IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of August, in the year of our Lord two thousand twenty-four, and of the Independence of the United States of America the two hundred and forty- ninth. (Presidential Sig.) [FR Doc. 2024-19441 Filed 8-27-24; 8:45 am] Billing code 3395-F4-P

usgpo

2024-10-08T13:26:17.281510

FR

FR-2024-08-28/2024-19444

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Presidential Documents] [Pages 68773-68775] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19444] Presidential Documents Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Presidential Documents [[Page 68773]] Proclamation 10794 of August 23, 2024 Women's Equality Day, 2024 By the President of the United States of America A Proclamation One hundred and four years ago, American women won the right to vote with the ratification of the 19th Amendment, bringing us closer to living up to our Nation's most fundamental values of dignity, fairness, freedom, and equality. On Women's Equality Day, we recognize the courage of generations of visionaries who fought tirelessly for the sacred cause of women's suffrage and all those who continue to work toward a more equitable future for women and girls in America. The 19th Amendment marked a critical milestone in our Nation's history, but it did not guarantee the right to vote for all. For many women of color, that right would not be secured until decades later when the Voting Rights Act was passed in 1965. Today, our Nation is still facing relentless assaults on the sacred right to vote freely and fairly and to have every vote count. At the same time, women's fundamental rights are under attack, which undermines our democracy and our freedoms. These challenges serve as a critical reminder that our work as a Nation is never done--realizing the full promise of the 19th Amendment is as important today as ever before. My Administration is committed to upholding the vision of suffragists, who understood that equality at the ballot box was a critical step to advancing rights and opportunities for American women. Over the past three and a half years, Vice President Harris and I have leveraged the full force of the Federal Government to protect those rights and remove barriers that prevent women and girls from reaching their full potential. We are defending reproductive freedom, delivering the highest women's prime-age labor force participation and the narrowest gender pay gap on record, making historic investments in the care economy, fighting to end violence against women, increasing access to educational opportunity, and promoting women's representation, leadership, and human rights here at home and around the globe. Guaranteeing women access to affordable, quality health care has also been a top priority for my Administration. That is why we have been working to address the maternal health crisis, with Vice President Kamala Harris announcing our Blueprint for Addressing the Maternal Health Crisis. Furthermore, in addition to issuing an Executive Order directing the most comprehensive set of executive actions to expand research on women's health, last year the First Lady and I were proud to launch the first-ever White House Initiative on Women's Health Research, and the Advanced Research Projects Agency for Health has dedicated $100 million to solve challenges in women's health. As part of the Biden Cancer Moonshot, we are taking significant actions to save and improve the lives of the millions of American women facing cancer. During my first year in office, we expanded coverage under the Affordable Care Act, which requires insurers to pay for cancer screenings and primary care visits, including those that will detect cancer early when outcomes are best. Furthermore, I have taken action to safeguard access to reproductive care--and the Vice President and I will keep calling on the Congress to restore Roe v. Wade as the law of the land. Americans [[Page 68774]] show time and again that they agree that health care decisions should be made by a woman with the help of her doctor, not politicians--and we will continue fighting to ensure that women can access the health care they need in every State. To be the strongest economy in the world, we cannot leave women--who make up half our workforce--behind. Through our American Rescue Plan, my Administration made the biggest investment in child care ever, helping over 225,000 child care programs that serve 10 million children across the country keep their doors open and enabling parents, especially mothers, to enter or remain in the workforce. We have taken steps to advance pay equity and transparency for Federal employees and contractors, eliminating practices that allow pay discrimination to follow workers from job to job and helping workers better negotiate and reduce pay inequities. We are also ensuring that women have access to the millions of good-paying jobs created by the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act. Women and girls deserve to live free from violence and fear. Next month marks 30 years since the Congress passed the Violence Against Women Act (VAWA)--a historic law that I championed and wrote. VAWA gave our Government more comprehensive tools to prevent and prosecute sexual assault, provide support for survivors, and save countless women's lives. Today, this law, which I reauthorized in 2022, has record funding levels and grant programs. In addition, my Administration is working to address online harassment and abuse, including image-based sexual abuse generated by artificial intelligence. And we restored and strengthened vital protections under Title IX for students who have experienced campus sexual assault and other forms of sex discrimination in schools and universities. Since I took office, I have been proud to serve alongside the first woman ever elected as Vice President, Kamala Harris, and to have appointed women to the highest levels of my Administration, including a record number of female Cabinet Secretaries. I established the White House Gender Policy Council to advance the rights of women and girls at home and abroad. My Administration released the first-ever National Strategy on Gender Equity and Equality. And during Women's History Month this year, I signed an Executive Order to increase the representation of women's history in the National Park System and to help honor the legacy and contributions of women and girls to our country. My Administration will continue to fight for every American's sacred right to vote--carrying on the legacy of the suffragists we celebrate today. I continue to call on the Congress to pass the John Lewis Voting Rights Advancement Act and the Freedom to Vote Act to restore and expand access to the ballot and prevent voter suppression--because every American's voice deserves to be heard. We are making tremendous progress, but more must be done to ensure equal rights and opportunity for women and girls. I urge the Congress to recognize the ratification of the Equal Rights Amendment and affirm the fundamental truth that all Americans should have equal rights and protections under the law. This Women's Equality Day, let us recommit to building a country and a world where our daughters have the same opportunities as our sons. Because when women thrive, we all thrive. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim August 26, 2024, as Women's Equality Day. I call upon the people of the United States to celebrate and continue to build on our country's progress toward gender equality and to defend and strengthen the right to vote. [[Page 68775]] IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of August, in the year of our Lord two thousand twenty-four, and of the Independence of the United States of America the two hundred and forty- ninth. (Presidential Sig.) [FR Doc. 2024-19444 Filed 8-27-24; 8:45 am] Billing code 3395-F4-P

usgpo

2024-10-08T13:26:17.341047

FR

FR-2024-08-28/2024-19026

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Rules and Regulations] [Pages 68777-68778] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19026] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 89 , No. 167 / Wednesday, August 28, 2024 / Rules and Regulations [[Page 68777]] DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2024-0732; Airspace Docket No. 24-ASW-5] RIN 2120-AA66 Establishment of Class E Airspace; Utopia, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This action establishes Class E airspace at Utopia, TX. The FAA is taking this action to support new public instrument procedures. DATES: Effective date 0901 UTC, October 31, 2024. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments. ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all comments received, this final rule, and all background material may be viewed online at www.regulations.gov using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. FAA Order JO 7400.11H, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington DC 20591; telephone: (202) 267- 8783. FOR FURTHER INFORMATION CONTACT: Raul Garza Jr., Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5874. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes Class E airspace extending upward from 700 feet above the surface at Brushy Creek Ranch Airport, Utopia, TX, to support instrument flight rule operations at this airport. History The FAA published an NPRM for Docket No. FAA 2024-0732 in the Federal Register (89 FR 34172; April 30, 2024), proposing to establish the Class E airspace at Utopia, TX. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Differences From the NPRM An FAA database review noted that the incorrect airport name was used in the NPRM. This Final Rule replaces the incorrect airport name with the correct airport name,: Brushy Creek Ranch Airport. This action does not change the airspace dimensions or operating requirements. Incorporation by Reference Class E airspace designations are published in paragraph 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023 and effective September 15, 2023. FAA Order JO 7400.11H is publicly available as listed in the ADDRESSES section of this document. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Rule This action amends 14 CFR part 71 by establishing Class E airspace upward from 700 feet above the surface within a 10-mile radius of Brushy Creek Ranch Airport, Utopia, TX. This action supports new public instrument procedures. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies and Procedures,'' paragraph 5-6.5.a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: [[Page 68778]] PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 0 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p.389. Sec. 71.1 [Amended] 0 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ASW TX E5 Utopia, TX [Establish] Brushy Creek Ranch Airport, TX (Lat 29[deg]42'49'' N, long 99[deg]32'44'' W) That airspace extending upward from 700 feet above the surface within a 10-mile radius of the Brushy Creek Ranch Airport. * * * * * Issued in Fort Worth, Texas, on August 6, 2024. Steven Phillips, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2024-19026 Filed 8-27-24; 8:45 am] BILLING CODE 4910-13-P

usgpo

2024-10-08T13:26:17.405851

FR

FR-2024-08-28/2024-19262

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Rules and Regulations] [Page 68778] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19262] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 124 [Public Notice: 12506; Docket No. 2024-0024] RIN 1400-AF84 International Traffic in Arms Regulations: Exemption for Defense Trade and Cooperation Among Australia, the United Kingdom, and the United States; Correction AGENCY: Department of State. ACTION: Interim final rule; correction. ----------------------------------------------------------------------- SUMMARY: The Department of State (the Department) is correcting an interim final rule that appeared in the Federal Register on August 20, 2024 creating an exemption for defense trade and cooperation among Australia, the United Kingdom, and the United States and related amendments. DATES: Effective on September 1, 2024. FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Foreign Affairs Officer, Office of Defense Trade Controls Policy, U.S. Department of State, telephone (771) 205-9566; email [email protected], ATTN: Regulatory Change, ITAR Section 126.7 Australia, the United Kingdom, and the United States Exemption. SUPPLEMENTARY INFORMATION: In FR Doc. 2024-18043, beginning on page 67270 in the Federal Register of Tuesday, August 20, 2024, the following correction is made: Sec. 124.8 [Corrected] 0 1. On page 67290, in the second column, in part 124, in amendment 4, the instruction ``Amend Sec. 124.8 by revising paragraph (a) to read as follows:'' is corrected to read ``Amend Sec. 124.8 by revising paragraph (a)(5) to read as follows:'' Stanley L. Brown, Acting Assistant Secretary, Bureau of Political-Military Affairs, Department of State. [FR Doc. 2024-19262 Filed 8-27-24; 8:45 am] BILLING CODE 4710-25-P

usgpo

2024-10-08T13:26:17.500704

FR

FR-2024-08-28/2024-19192

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Rules and Regulations] [Pages 68778-68781] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19192] ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 150 [Public Notice: 12475] RIN 1400-AF85 Diplomatic Agent-Level Immunity AGENCY: Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Vienna Convention on Diplomatic Relations defines ``diplomatic agent'' and the level of immunity enjoyed by a diplomatic agent. However, because some other individuals who are not themselves ``diplomatic agents'' as defined in the VCDR also enjoy what is known as ``diplomatic agent-level immunity,'' the Department of State is promulgating this regulation to clearly and correctly define which foreign persons enjoy diplomatic agent-level immunity within the United States and clarify that the determination of who enjoys diplomatic agent-level immunity and lesser status-based immunity, which is both legal and factual in nature, is made by the Department of State. DATES: This rule is effective on August 28, 2024. FOR FURTHER INFORMATION CONTACT: Clifton M. Johnson, Diplomatic Law and Litigation, Office of the Legal Adviser, Department of State, Washington, DC 20520, (202) 647-1075, or [email protected] (for information regarding this final rule); Office of Foreign Missions, Department of State, Washington, DC 20520, or [email protected] (for information regarding diplomatic status and immunities in specific instances). SUPPLEMENTARY INFORMATION: Pursuant to Article II of the Constitution which provides the President with the right to receive ambassadors and other public ministers, the Secretary of State's role to execute the foreign policy of the United States, specific provisions of the U.S. Code discussed below, and well established case law as noted below, the U.S. Department of State is uniquely positioned as the sole United States government agency that accepts the accreditation of foreign diplomats, and is authorized to determine and certify the diplomatic status of a foreign individual and the immunity enjoyed by that individual. This regulation defines who enjoys diplomatic agent-level immunity and clarifies the comprehensive scope of diplomatic agents' immunity for the non-exclusive purpose of facilitating judicial and administrative proceedings in the United States. The regulation also clarifies that the determination of who enjoys diplomatic agent-level immunity and lesser status-based immunity is one that requires application of law to facts and is made by the Department of State--not any other federal agency or by any foreign mission in the United States. Individuals enjoying diplomatic agent-level immunity are not subject to the criminal jurisdiction of the United States, and are immune from the civil or administrative jurisdiction of the United States, with limited exceptions. Such immunity is enjoyed by diplomatic agents at bilateral diplomatic missions pursuant to the Vienna Convention on Diplomatic Relations (VCDR, 23 U.S.T. 3227; see Articles 29 and 31 in particular); certain senior officials of the United Nations pursuant to Article V, Section 19 of the Convention on Privileges and Immunities of the United Nations of 1970 (21 U.S.T. 1418) (``UN Convention''); diplomatic staff at Permanent Missions of Member States to the United Nations pursuant to Article V, Section 15 of the United Nations Headquarters Agreement of 1947 (1947 U.S.T. 529) and Article IV, Section 11 of the UN Convention; consular officers assigned to consulates of countries with which the United States has an enhanced immunities agreement that ``enhances'' their immunity to diplomatic agent-level; certain senior officials of and representatives to some international organizations (see, e.g., Agreement on Privileges and Immunities of the [[Page 68779]] Organization of American States (26 U.S.T. 1025) and Agreement on the Status of the North Atlantic Treaty Organization, National Representative and International Staff (33 U.S.T. 1272)); and others. Lesser forms of status-based immunity include administrative and technical staff immunity as set forth in the VCDR, which is generally coextensive with diplomatic-agent level immunity with the exception of civil immunity which is more limited (for official acts only); consular officer immunity as set forth in the Vienna Convention on Consular Relations (VCCR, 21 U.S.T. 77), which entails immunity for official acts and personal inviolability from arrest absent a warrant for grave crimes; and consular employee immunity as set forth in the VCCR, which entails immunity for official acts. Accordingly, the intent of the regulation is to strengthen the ability of law enforcement, the courts, foreign governments, and the public to recognize and rely upon authoritative determinations by the United States of the diplomatic status and corresponding level of status-based immunity enjoyed by foreign individuals. It is meant to discourage reliance on outdated or incomplete documentation of diplomatic status or assertions by persons other than Department of State officials that may lead to inaccurate understandings of who enjoys immunity and the scope of that immunity, and to direct interested parties to instead consult with the Department of State for such information. By doing so, the regulation will help ensure that individuals entitled to immunity will be treated accordingly and reduce the risk that individuals who erroneously or misleadingly assert such status are accorded immunity to which they are not entitled. The regulation is necessary to ensure the Secretary of State can continue to meet international and domestic legal obligations to respect the immunities accredited foreign diplomats enjoy. Specifically, the VCDR and various bilateral treaties enhancing immunities of individuals other than diplomatic agents establish immunities that the United States is obligated to respect under international law. Additionally, the Diplomatic Relations Act of 1978 (22 U.S.C. 254b(c)) establishes immunities for members of foreign missions and their families for foreign States not party to the VCDR. The Secretary and the Department of State are uniquely positioned to fulfill those responsibilities in this manner. The Department of State has legal authority to promulgate this regulation. Article II, Section 3 of the United States Constitution directs the President to ``receive Ambassadors and other public Ministers.'' 22 U.S.C. 2656 grants the Secretary of State authority to perform duties relative to matters respecting foreign affairs, including duties regarding applications and requests from foreign public ministers or other foreigners. Pursuant to this statutory authority, as well as Article 9 of the VCDR and Article 23 of the VCCR, the Department accepts accreditation of members of foreign diplomatic or consular missions at its discretion. Additionally, Article 10 of the VCDR and Article 24 of the VCCR provide that the Ministry of Foreign Affairs specifically, or the authority designated by that ministry (per the VCCR) or such other ministry as may be agreed (per the VCDR), shall be notified of the appointment of members of a diplomatic or consular mission. Under the VCDR, the Department of State has the broad discretion to classify diplomats. See Abdulaziz v. Metro. Dade Cty., 741 F.2d 1328, 1330 (11th Cir. 1984). Additionally, pursuant to 22 U.S.C. 2656 and the United Nations Headquarters Agreement of 1947, the Department of State also accords privileges and immunities to foreign individuals accredited to the United Nations. With respect to determining the status-based immunity that accredited foreign individuals and their family members enjoy, the Diplomatic Relations Act of 1978 (22 U.S.C. 254c(a)) authorizes the President to, ``on the basis of reciprocity and under such terms and conditions as he may determine, specify privileges and immunities for members of the mission, their families and the diplomatic couriers of any sending state which result in more favorable or less favorable treatment than is provided under the Vienna Convention.'' The President has delegated authority to prescribe regulations for that purpose to the Secretary of State through Executive Order 12101 (43 FR 54195), amended by Executive Order 12608 (52 FR 34617). The Diplomatic Relations Act of 1978, as amended (22 U.S.C. 254c(b)) also authorizes the Secretary of State, on the basis of reciprocity and under such terms and conditions as the Secretary may determine, with the concurrence of the Attorney General, to specify privileges and immunities for a consular post, the members of a consular post, and their families which result in more favorable or less favorable treatment than is provided in the VCCR. The Secretary's determinations of the scope of the status-based immunity of foreign individuals in that regard are made pursuant to international agreements with foreign governments that the Department of State negotiates, concludes, and interprets pursuant to 22 U.S.C. 254c(b), as well as the President's Article II authority to speak as the sole organ of the government with respect to agreements regarding diplomatic relations, delegated to the Secretary. See 22 U.S.C. 2656; United States v. Belmont, 301 U.S. 324, 330 (1937). By according diplomatic agent-level immunity to foreign individuals, the Department of State is able to ``contribute to the development of friendly relations among nations'' and ``to ensure the efficient performance of the functions of the diplomatic missions.'' See Hellenic Lines, Ltd. v. Moore, 345 F.2d 978, 980 (D.C. Cir. 1965), citing the VCDR, preamble. As the above authorities illustrate, the Department of State is authorized to and responsible for determining whether someone enjoys diplomatic agent-level immunity or other status-based immunity, consistent with the concurrence requirements of 22 U.S.C. 254c(b), as applicable. 22 U.S.C. 2651a authorizes the Secretary ``to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State.'' Clarifying that the Department of State is responsible for indicating which foreign individuals enjoy diplomatic agent-level immunity or lesser status-based immunity will reduce the risk of conflicting determinations of the diplomatic status and corresponding immunity foreign individuals and their family members may enjoy. Courts have long held that the Department of State's certification is ``conclusive and dispositive evidence'' of a diplomat's entitlement to status-based immunity. See United States v. Al-Hamdi, 356 F.3d 564, 573 (4th Cir. 2004) (``[W]e hold that the State Department's certification . . . is conclusive evidence as to the diplomatic status of an individual.''); Abdulaziz v. Metro. Dade Cty., 741 F.2d 1328, 1339 (11th Cir. 1984) (``[O]nce the United States Department of State has regularly certified a visitor to this country as having diplomatic status, the courts are bound to accept that determination.''); Muthana v. Pompeo, 985 F.3d 893, 906-09 (D.C. Cir. 2021); Carrera v. Carrera, 174 F.2d 496, 497 (D.C. Cir. 1949) (``It is enough that an ambassador has requested immunity, that the State Department has recognized that the person for whom it was requested is entitled to it, and that [[Page 68780]] the Department's recognition has been communicated to the court.''). Regulatory Analysis Administrative Procedure Act This rulemaking is published as a final rule since it relates to a foreign affairs function of the United States and is exempt from notice-and-comment rulemaking. 5 U.S.C. 553(a)(1). Because this rulemaking is exempt from 5 U.S.C. 553, the provisions of 5 U.S.C. 553(d) are not applicable and this rule is effective immediately. Regulatory Flexibility Act/Executive Order 13272: Small Business Since this rule is exempt from notice and comment rulemaking, it is also exempt from the provisions of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. Congressional Review Act This rulemaking does not constitute a major rule, as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking. The Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure nor would it significantly or uniquely affect small governments. Executive Orders 12372 and 13132: Federalism and Executive Order 13175, Impact on Tribes This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Nor will the regulations have federalism implications warranting the application of Executive Orders 12372 and 13132. This rule will not have tribal implications, will not impose costs on Indian tribal governments, and will not pre-empt tribal law. Accordingly, the requirements of Executive Order 13175 do not apply to this rulemaking. Executive Orders 12866, 13563, and 14094: Regulatory Review This rule has been drafted in accordance with the principles of Executive Orders 12866 (as amended by Executive Order 14094) and 13563. This rule has been determined to be a significant rulemaking under section 3 of Executive Order 12866, but not significant under section 3(f)(1). The benefits of the rule are qualitative, in that the rule provides clarity for foreign governments and their personnel, and secondarily for domestic officials and the public, on which individuals are entitled to diplomatic agent-level immunity and the scope of that immunity. Individuals enjoying diplomatic agent-level immunity are not subject to the criminal jurisdiction of the United States, and are immune from the civil or administrative jurisdiction of the United States, with limited exceptions. There are no costs to the rulemaking as the United States is already required to accord immunity to certain foreign individuals pursuant to its obligations under international law, including the VCDR. The rule does not expand or otherwise change the categories or number of individuals who enjoy diplomatic agent- level immunity. The promulgation of this rule will not increase the number of individuals accorded diplomatic agent-level immunity, as the rule will not affect the long-standing standards by which the Department determines a foreign individual's status and corresponding immunity. This rule will help ensure that law enforcement, the courts, foreign governments, and the public are aware of the need to consult the Department of State to understand foreign individuals' diplomatic status and corresponding immunity, which is relevant for, among other purposes, understanding whether their family members born in the United States were born subject to the jurisdiction of the United States under the Fourteenth Amendment of the U.S. Constitution. The rule would reduce the risk of erroneous determinations detrimental to the foreign relations of the United States. This rule also clarifies that the Department itself, in accordance with international and domestic law and taking into account the comprehensive information available to it related to diplomatic status, identifies the diplomatic status and corresponding immunities of foreign persons. In the absence of this rule, there is continued risk of immunity being extended or not extended erroneously, which can result in, inter alia, the inappropriate exercise of criminal jurisdiction over accredited diplomats; the inaccurate determination of lawful permanent residence status; and erroneous decisions on whether an individual was born in the United States subject to the jurisdiction of the Fourteenth Amendment. Therefore, the Department believes that the qualitative benefits of this rulemaking are manifest, and there are few costs. Executive Order 12988: Civil Justice Reform This rule has been reviewed in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. The Paperwork Reduction Act of 1995 Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from OMB for each collection of information they conduct, sponsor, or require through regulation. This rule neither establishes nor modifies any collection of information subject to the Paperwork Reduction Act. List of Subjects in 22 CFR Part 150 Foreign officials; Immunity. For the reasons set forth above the State Department amends title 22, chapter I by adding part 150 to subpart P to read as follows: PART 150--DIPLOMATIC AGENT-LEVEL IMMUNITY Sec. 150.1 Diplomatic Agent-Level Immunity. 150.2 Determination by the Department of State. 150.3 Severability. Authority: 22 U.S.C. 2651a, 2656; 22 U.S.C. 254c; Vienna Convention on Diplomatic Relations, Done at Vienna April 18, 1961, 23 U.S.T. 3227; Vienna Convention on Consular Relations, Done at Vienna April 24, 1963, 21 U.S.T. 77; Convention on the Privileges and Immunities of the United Nations, 21 U.S.T. 1418. Sec. 150.1 Diplomatic Agent-Level Immunity. Diplomatic Agent-Level Immunity refers to the complete immunity from the criminal jurisdiction of the United States and to comprehensive immunity from the civil and administrative jurisdiction of the United States, and is enjoyed by: (a) Foreign individuals accredited to the United States as ``diplomatic agents'' under the Vienna Convention on Diplomatic Relations, and the family members forming part of their households; (b) Foreign individuals accredited to the United States as administrative and technical staff or service staff of diplomatic missions, or as consular officers of consular missions, and the family members forming part of their households, representing a foreign government with which the United States has an international agreement for the enhancement of immunity of [[Page 68781]] those individuals to diplomatic agent-level immunity; and (c) Certain other foreign officials and representatives as determined by the Department of State. Sec. 150.2 Determination by the Department of State. The question of whether any particular person enjoys diplomatic agent-level immunity and is therefore not subject to the jurisdiction of the United States, or whether they enjoy lesser status-based immunity, on any particular date entails both factual and legal analysis, and is determined by the Department of State, in accordance with relevant international and domestic law. Sec. 150.3 Severability. The provisions of this part are separate and severable from one another. If any provision is stayed or determined to be invalid, it is the Department of State's intention that the remaining provisions shall continue in effect. Kevin E. Bryant, Deputy Director, Office of Directives Management, U.S. Department of State. [FR Doc. 2024-19192 Filed 8-27-24; 8:45 am] BILLING CODE 4710-08-P

usgpo

2024-10-08T13:26:17.553581

FR

FR-2024-08-28/2024-19049

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Rules and Regulations] [Pages 68781-68782] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19049] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 948 [SATS No. WV-118-FOR (partial); Docket ID: OSM-2011-0009; SATS No. WV- 126-FOR; Docket ID: OSM-2019-0012; S1D1S SS08011000 SX064A000 220S180110; S2D2S SS08011000 SX064A000 220XS501520] West Virginia Regulatory Program; Correction AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule; correction. ----------------------------------------------------------------------- SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), published a document in the Federal Register on March 18, 2024, approving in part, and not approving in part, amendments to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). DATES: This correction is effective August 28, 2024. FOR FURTHER INFORMATION CONTACT: Mr. Michael Castle, Acting Director, Charleston Field Office, Telephone: (859) 260-3900. Email: [email protected]. SUPPLEMENTARY INFORMATION: In the final rule published Monday, March 18, 2024, in FR Doc. 2024-05682, on page 19273, column 2, a revision to 30 CFR 948.12 (State statutory, regulatory, and proposed program amendment provisions not approved) that revised paragraph (k) will be corrected to instead add that provision as new paragraph (l). Additionally, we are revising paragraph (k) to reinstate the deferral as it existed in the CFR prior to the publication of the Federal Register document. See also 89 FR 2133 (Jan. 12, 2024). We are also adding paragraph 38-2-12.5.d of West Virginia's regulations to the table at 30 CFR 948.15 (Approval of West Virginia regulatory program amendments). We had approved its deletion from West Virginia's regulations in the March 18, 2024, Federal Register, but it was omitted from the table. Federal Register Correction Sec. 948.12 [Corrected] 0 1. Effective April 17, 2024, in FR Doc. 2024-05682 at 89 FR 19262 in the issue of March 18, 2024, on page 19273, in the second column, amendatory instruction 2 is corrected to read: ``Section 948.12 is amended by adding paragraph (l) to read as follows:'' 0 2. On page 19273, in the second and third columns, Sec. 948.12 is corrected to read: * * * * * (k) We are not approving the following portions of provisions of the proposed program amendment that West Virginia submitted on May 15, 2017: (1) We are deferring our decision on the deletion of provisions from W.Va. Code 22-3-11(g)(2) regarding the development of a long-range planning process for the selection and prioritization of sites to be reclaimed. We defer our decision until we make a determination on West Virginia's related amendment docketed as WV-128-FOR, which relates to the complete and accurate listing of all outstanding reclamation obligations (including water treatment on active permits in the State. (2) [Reserved] (l) We are not approving the following provisions of the proposed West Virginia program amendments dated May 2, 2018: (1) At W.Va. Code 22-3-9, revisions substituting notice by newspaper with notice in a form and manner determined by the Secretary which may be electronic. (2) At W.Va. Code 22-3-20, revisions substituting notice by newspaper with notice in a form and manner determined by the Secretary which may be electronic. (3) At CSR 38-2-2.37, the removal of the definition ``completion of reclamation''. (4) At CSR 38-2-12.2.d., the elimination to the existing prohibition on bond release for any site specific bonding (i.e., open- acre bonding) until all coal extraction is completed and the disturbed area is completely backfilled and regraded. (5) At CSR 38-2-12.2.e., to restructure and revise existing approved language in this section and move it to CSR 38-2-12.2.a.4. (6) At CSR 38-2-12.2.f., to move, unchanged, this existing language to CSR 38-2-12.2.d. (7) At CSR 38-2-12.2.g., to move, unchanged, this existing language to CSR 38-2-12.2.f. (8) At CSR 38-2-12.2.h., to renumber existing CSR 38-2-12.2.h to 12.2.i. and to insert it as a new CSR 38-2-12.2.h. (9) At CSR 38-2-12.4.c., to eliminate an existing 180 day window for initiating reclamation operations to reclaim the site in accordance with the approved reclamation plan or modification thereof. (10) At CSR 38-2-12.5., to delete subsection 12.5 of the West Virginia regulations, which directs WVDEP's collection, analysis and reporting on sites where bond has been forfeited including, in particular, data relating to the water quality of water being discharged from forfeited sites. Sec. 948.15 [Corrected] 0 3. On page 19273, in the table, Sec. 948.15 is corrected to read as follows: * * * * * ---------------------------------------------------------------------------------------------------------------- Original amendment submission Citation/description of approved dates Date of publication of final rule provisions ---------------------------------------------------------------------------------------------------------------- April 25, 2011..................... March 18, 2024....................... CSR 38-2-2.6; 9.3.d; 11.3.f; 11.4; May 8, 2018........................ 11.6; 12.2.a, 12.5.b, c and d; 12.4.a.2.B, 12.4.b, 4.b.1 and 4.b.2; 12.4.d; 14.5.b ---------------------------------------------------------------------------------------------------------------- [[Page 68782]] Thomas D. Shope, Regional Director, North Atlantic-Appalachian Region. [FR Doc. 2024-19049 Filed 8-27-24; 8:45 am] BILLING CODE 4310-05-P

usgpo

2024-10-08T13:26:17.597188

FR

FR-2024-08-28/2024-19300

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Rules and Regulations] [Page 68782] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19300] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2024-0753] Special Local Regulation; Olympia Harbor Days Tugboat Races, Budd Inlet, WA AGENCY: Coast Guard, DHS. ACTION: Notification of enforcement of regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will enforce a special local regulation for the Olympia Harbor Days Tugboat Races from 12 until 3 p.m. on September 1, 2024, to ensure the safety of life on the navigable waters of Budd Inlet during the event. During the enforcement period, no person or vessel may enter the regulated area without permission from the on- scene patrol craft. DATES: The regulations in 33 CFR 100.1309 will be enforced from noon until 3 p.m. on September 1, 2024. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call or email Lieutenant Anthony Pinto, Waterways Management Division, U.S. Coast Guard Sector Puget Sound at 205-217-6051 or [email protected]. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local regulation in 33 CFR 100.1309 for the Olympia Harbor Days Tugboat Races in Budd Inlet, WA, from noon until 3 p.m. on September 1, 2024. This action is necessary to ensure the safety of life on the navigable waterways of Budd Inlet during this event. The regulation for the marine events within the Thirteenth Coast Guard District, Sec. 100.1309(a), specifies the location of the regulated area for the Olympia Harbor Days Tugboat Races, which encompasses approximately 2 nautical miles of the navigable waters in Budd Inlet, WA. During the enforcement period, as specified in Sec. 100.1309(c), all persons or vessels who desire to enter the regulated race area while it is enforced must obtain permission from the on-scene patrol craft on VHF Ch 13. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners, marine information broadcasts, local radio stations and area newspapers. If the Captain of the Port determines that the regulated area does not need to be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners will be issued to grant general permission to enter the regulated area. Dated: August 20, 2024. Mark A. McDonnell, Captain, U.S. Coast Guard, Commander, Sector Puget Sound. [FR Doc. 2024-19300 Filed 8-27-24; 8:45 am] BILLING CODE 9110-04-P

usgpo

2024-10-08T13:26:17.627000

FR

FR-2024-08-28/2024-19230

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Rules and Regulations] [Page 68782] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19230] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2024-0752] Safety Zones; Annual Fireworks Displays Within the Puget Sound AGENCY: Coast Guard, DHS. ACTION: Notification of enforcement of regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will enforce the safety zone regulation for the Mukilteo Lighthouse Festival to provide for the safety of life on navigable waters on the Possession Sound, Seattle, Washington during an annual fireworks display. This safety zone will consist of all navigable waters within a 450-yard radius surrounding the event's launch site. Our regulation for safety zones within the Captain of the Port Puget Sound (COTP) Area of Responsibility identifies the specific location for this launch site and the corresponding safety zone for the event. DATES: The regulations in 33 CFR 165.1332 will be enforced from 7 through 10 p.m. for the safety zone identified in the table of Sec. 165.1332, for the Mukilteo Lighthouse Festival event, on September 7, 2024. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call or email Mr. Jeffrey Zappen, Sector Puget Sound Waterways Management, U.S. Coast Guard; telephone 206-217- 6076, or email [email protected]. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the regulations in 33 CFR 165.1332 for the safety zone identified in the table of Sec. 165.1332, for the Mukilteo Lighthouse Festival on the Possession Sound, from 7 through 10 p.m. on September 7, 2024. This action is being taken to provide for the safety of life on navigable waterways during this 1- day event at the following location: ---------------------------------------------------------------------------------------------------------------- Event name (typically) Event location Latitude Longitude ---------------------------------------------------------------------------------------------------------------- Mukilteo Lighthouse Festival...... Possession Sound.... 47[deg]56.900' N 122[deg]18.600' W ---------------------------------------------------------------------------------------------------------------- The special requirements listed in Sec. 165.1332(b) related to fireworks barges and fireworks launch sites shall apply and be implemented during the specified enforcement period of this safety zone. During the specified enforcement period, no vessel operator may enter, transit, moor, or anchor within this safety zone unless authorized by the COTP or their designated representative(s). The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. All vessel operators who desire to enter the safety zone must obtain permission from the COTP or their designated representative(s) by contacting either the on-scene patrol craft on VHF Ch. 13 or Ch 16, or calling Coast Guard Sector Puget Sound's Joint Harbor Operations Center telephone 206-217-6002. In addition to the notification of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners, marine information broadcasts, and local radio stations and area newspapers. Dated: August 21, 2024. Mark A. McDonnell, Captain, U.S. Coast Guard, Captain of the Port, Sector Puget Sound. [FR Doc. 2024-19230 Filed 8-27-24; 8:45 am] BILLING CODE 9110-04-P

usgpo

2024-10-08T13:26:17.706751

FR

FR-2024-08-28/2024-19046

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Rules and Regulations] [Pages 68783-68785] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19046] [[Page 68783]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 174 [EPA-HQ-OPP-2019-0627; FRL-12149-01-OCSPP] Pseudomonas Chlororaphis IPD072Aa Protein; Exemption From the Requirement of a Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation establishes an exemption from the requirement of a tolerance for residues of Pseudomonas chlororaphis IPD072Aa protein in or on maize (hereafter IPD072Aa protein) when used as a Plant-Incorporated Protectant (PIP) in or on the food and feed commodities of corn: corn, field; corn, sweet; and corn, pop. Pioneer Hi-Bred International, Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of IPD072Aa protein. DATES: This regulation is effective August 28, 2024. Objections and requests for hearings must be received on or before October 28, 2024, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2019-0627, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room and for the OPP Docket is (202) 566-1744. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Madison Le, Biopesticides and Pollution Prevention Division (7511M), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone number: (202) 564-5754; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: Crop production (NAICS code 111). Animal production (NAICS code 112). Food manufacturing (NAICS code 311). Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of 40 CFR part 174 through the Office of the Federal Register's e-CFR site at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-174. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2019-0627 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before October 28, 2024. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2019-0627, by one of the following methods: Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. II. Background and Statutory Findings In the Federal Register of April 15, 2020 (85 FR 20910) (FRL-10006- 540), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance petition (PP 9F8785) by Pioneer Hi-Bred International, Inc., 7100 NW 62nd Avenue, P.O. Box 1000, Johnston, Iowa 50131. The petition requested that 40 CFR part 174 be amended by establishing an exemption from the requirement of a tolerance for residues of IPD072Aa protein in corn. That document referenced a summary of the petition prepared by the petitioner Corteva Agriscience, which is available in the docket, https://www.regulations.gov. There were no comments received in response to the notice of filing. III. Final Rule A. EPA's Safety Determination Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.'' This includes exposure through drinking water and in residential settings but does not include occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in establishing or maintaining in effect an exemption from the requirement of a tolerance, EPA must take into account the factors set forth in FFDCA section 408(b)(2)(C), which require EPA to give [[Page 68784]] special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to ``ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .'' Additionally, FFDCA section 408(b)(2)(D) requires that the Agency consider ``available information concerning the cumulative effects of a particular pesticide's residues'' and ``other substances that have a common mechanism of toxicity.'' EPA evaluated the available toxicity and exposure data on IPD072Aa protein and considered its validity, completeness, and reliability, as well as the relationship of this information to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. A summary of the data upon which EPA relied and its risk assessment based on those data can be found within the document entitled ``Human Health Risk Assessment and Review of Product Characterization of the Insecticidal Plant-Incorporated Protectants, Pseudomonas chlororaphis IPD072Aa protein and DvSSJ1 dsRNA Complementary to the DvSSJ1 Gene Sequence from Diabrotica virgifera virgifera, and the Genetic Material Necessary (vector PHP74643), for their Production in Event DP23211 Maize (OECD Unique ID DP- [Oslash]23211-2), and Establishment of a Permanent Tolerance Exemption. Data were provided in support of a FIFRA Section 3 Seed Increase Registration.'' (hereafter Human Health Risk Assessment). This document, as well as other relevant information, is available in the docket for this action EPA-HQ-OPP-2019-0627. IPD072Aa is a modified protein derived from the bacterium Pseudomonas chlororaphis and is active against coleopteran pests of corn. The Agency used a ``weight of evidence'' approach and determined that, IPD072Aa protein represents a negligible risk to humans or livestock that consume IPD072Aa maize products. The most likely exposure to the IPD072Aa protein is dietary through consumption of food products made from corn containing the protein. Oral exposure from ingestion of drinking water is unlikely because the IPD072Aa protein is present at very low levels within the plant cells and the amounts likely to enter the water column from leaves, pollen or plant detritus are low. Additionally, proteases and nucleases found in water and the environment would likely degrade the biological material containing the active ingredients and treatment process for municipal water plants are likely to remove IPD072Aa residues. Although there may be dietary exposure to residues of IPD07Aa protein, such exposure presents no concern for adverse effects. Submitted data show that the IPD072Aa protein is not toxic via the oral route of exposure and bioinformatics analysis did not indicate a toxigenic potential in silico. Likewise, the potential for allergenicity is low because: (1) The bacterium source of IPD07Aa protein, Pseudomonas chlororaphis, is not considered to be a source of allergenic proteins; (2) bioinformatic analysis indicates no similarity between IPD072Aa protein and known allergens; (3) IPD072Aa protein degrades rapidly when exposed to simulated gastric fluid and completely digested in simulated intestinal fluid or exposed to heat via food cooking; and (4) IPD072Aa protein is not glycosylated, which further reduces its allergenicity potential. Glycosylation is an enzymatic post-translational process in which carbohydrates (glycans) link to proteins, creating structures which could lead to an immune response in humans. Non-dietary non-occupational or residential exposure via pulmonary or ocular exposure is not likely since IPD072Aa protein is contained within plant cells, and corn pollen is not respirable nor is it present in commercial corn products. Exposure via the skin is somewhat more likely via the contact with corn products which might have been processed in a way that disrupts cellular structure. However, naturally occurring proteases are likely to degrade proteins in contact with the skin and, as described above, the IPD072Aa protein has little or no potential toxicity or allergenicity. Thus, adverse effects are not expected due to non-occupational and residential exposure to IPD072Aa. These findings are discussed in more detail in the Human Health Risk Assessment. Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider ``available information'' concerning the cumulative effects of a particular pesticide's residues and ``other substances that have a common mechanism of toxicity.'' No risk of cumulative toxicity or effects from IPD072Aa protein has been identified as no toxicity or allergenicity has been shown for this protein in the submitted studies. Therefore, EPA has concluded that IPD072Aa protein does not have a common mechanism of toxicity with other substances. Although FFDCA section 408(b)(2)(C) provides for an additional tenfold margin of safety for infants and children in the case of threshold effects, EPA has determined that there are no such effects due to the lack of toxicity of IPD072Aa protein. As a result, an additional margin of safety for the protection of infants and children is unnecessary. Based upon its evaluation described above and in the Human Health Risk Assessment, EPA concludes that there is a reasonable certainty that no harm will result to the U.S. population, including infants and children, from aggregate exposure to residues of IPD072Aa protein. Therefore, an exemption from the requirement of a tolerance is established for residues of IPD072Aa protein in or on the food and feed commodities of corn: corn, field; corn, sweet; and corn, pop when used as a plant-incorporated protectant in corn. B. Analytical Enforcement Methodology EPA has determined that an analytical method is not required for enforcement purposes since the Agency is establishing an exemption from the requirement of a tolerance without any numerical limitation. Nonetheless, a protocol was submitted for a lateral flow test strip kit to be used for the detection of IPD072Aa protein in corn grain samples. The submitted protocol adequately describes the methodology. IV. Statutory and Executive Order Reviews This action establishes a tolerance under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any special considerations under Executive Order 12898, entitled ``Federal Actions to Address [[Page 68785]] Environmental Justice in Minority Populations and Low-Income Populations'' (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or Tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or Tribal governments, on the relationship between the National Government and the States or Tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999), and Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). V. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 174 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: August 19, 2024. Edward Messina, Director, Office of Pesticide Programs. Therefore, for the reasons stated in the preamble, EPA is amending 40 CFR chapter I as follows: PART 174--PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS 0 1. The authority citation for part 174 continues to read as follows: Authority: 7 U.S.C. 136-136y; 21 U.S.C. 321(q), 346a and 371. 0 2. Add Sec. 174.548 to subpart W to read as follows: Sec. 174.548 Pseudomonas chlororaphis IPD072Aa protein; exemption from the requirement of a tolerance. Residues of Pseudomonas chlororaphis IPD072Aa in or on the food and feed commodities of corn: corn, field; corn, sweet; and corn, pop are exempt from the requirement when used as a plant-incorporated protectant in corn. [FR Doc. 2024-19046 Filed 8-27-24; 8:45 am] BILLING CODE 6560-50-P

usgpo

2024-10-08T13:26:17.844949

FR

FR-2024-08-28/2024-19211

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Rules and Regulations] [Pages 68785-68786] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19211] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 231215-0305; RTID 0648-XE241] Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2024 Winter II Quota AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; in-season adjustment. ----------------------------------------------------------------------- SUMMARY: NMFS adjusts the 2024 Winter II commercial scup quota and per- trip Federal landing limit. This action is necessary to comply with regulations implementing Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan that established the rollover of unused commercial scup quota from the Winter I to the Winter II period. This notification informs the public of the quota and trip limit changes. DATES: Effective October 1, 2024, through December 31, 2024. FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management Specialist, (978) 281-9184; or [email protected]. SUPPLEMENTARY INFORMATION: NMFS published a final rule for Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan in the Federal Register on November 3, 2003 (68 FR 62250), implementing a process to increase the Winter II (October 1 through December 31) commercial scup quota by the amount of the Winter I (January 1 through April 30) under-harvest and to adjust the Winter II possession limits consistent with the amount of the quota increase, based on the possession limits established through the annual specifications-setting process. For 2024, the initial Winter II quota is 3,370,790 pounds (lb; 1,528,965 kilograms (kg)). The best available landings information through August 12, 2024, indicates that 1,703,229 lb (772,572 kg) remain of the 9,539,294 lb (4,326,951 kg) Winter I quota. Consistent with Framework 3, the full amount of unused 2024 Winter I quota is being transferred to Winter II, resulting in a revised 2024 Winter II quota 5,074,019 lb (2,301,536 kg). Because the amount transferred is between 1.5 and 2 million lb (680,389 and 907,184 kg), the Federal per- trip possession limit will increase from 12,000 lb (5,443 kg) to 16,500 lb (7,484 kg), as outlined in the final rule that established the possession limit and quota rollover procedures for this year, published on December 21, 2023 (88 FR 88266). The new possession limit will be effective October 1 through December 31, 2024. The Winter II possession limit will revert to 12,000 lb (5,443 kg) at the start of the next fishing year, which begins January 1, 2025. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson- Stevens Act. This action is required by 50 CFR 648.122(d), which was issued pursuant to section 304(b), and is exempted from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be contrary to the public interest. This action transfers unused quota from the Winter I Period to the Winter II Period to make it accessible to the commercial scup fishery and increase fishing opportunities. If the implementation of this in-season action is delayed to solicit prior public comment, the objective of the fishery [[Page 68786]] management plan to achieve the optimum yield from the fishery could be compromised. Deteriorating weather conditions during the latter part of the fishing year may reduce fishing effort, and could also prevent the annual quota from being fully harvested. If this action is delayed, it would reduce the amount of time vessels have to realize the benefits of this quota increase, which would result in negative economic impacts on vessels permitted to fish in this fishery. Moreover, the rollover process being applied here is routine and formulaic and was the subject of notice and comment rulemaking, and the range of potential trip limit changes were outlined in the final 2024 scup specifications that were published on December 21, 2023, which were developed through public notice and comment. The benefit of soliciting additional public comment on this formulaic adjustment would not outweigh the benefits of making this additional quota available to the fishery as quickly as possible. Based on these considerations, there is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: August 22, 2024. Lindsay Fullenkamp, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024-19211 Filed 8-27-24; 8:45 am] BILLING CODE 3510-22-P

usgpo

2024-10-08T13:26:17.971829

FR

FR-2024-08-28/2024-19187

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Proposed Rules] [Pages 68787-68788] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19187] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Proposed Rules [[Page 68787]] NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 52 [NRC-2024-0140] Draft Regulatory Guides: Criteria for Power Systems for Nuclear Power Plants and Criteria for the Protection of Class 1E Power Systems and Equipment for Nuclear Power Plants AGENCY: Nuclear Regulatory Commission ACTION: Draft guides; request for comment. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment two related draft Regulatory Guides (DGs) namely DG- 1420, ``Criteria for Power Systems for Nuclear Power Plants,'' and DG- 1354, ``Criteria for the Protection of Class 1E Power Systems and Equipment for Nuclear Power Plants.'' DG-1420 is proposed Revision 4 to Regulatory Guide (RG) 1.32 of the same name and DG-1354 is newly proposed Revision 0 of RG 1.238. DG-1420 describes an approach that is acceptable to the NRC staff to meet regulatory requirements for the design, operation, and testing of electric power systems in nuclear power plants. DG-1354 describes an approach that is acceptable to the NRC staff for use in complying with NRC regulations that address the protection of Class 1E power systems and equipment at nuclear power plants. DATES: Submit comments by September 27, 2024. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website. Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0140. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email: [email protected]. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. Mail comments to: Office of Administration, Mail Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001, ATTN: Program Management, Announcements and Editing Staff. For additional direction on obtaining information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Michael Eudy, Office of Nuclear Regulatory Research, telephone: 301-415-3104; email: [email protected], Mohammad Sadollah, Office of Nuclear Regulatory Research, telephone: 301-415-6804; email: [email protected], and Sheila Ray, Office of Nuclear Reactor Regulation, telephone 301- 415-365; email: [email protected]. All are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2024-0140 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods: Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0140. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. NRC's PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to [email protected] or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-2024-0140 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Additional Information The NRC is issuing for public comment two DGs in the NRC's ``Regulatory Guide'' series namely DG-1354 and DG-1420. This series was developed to describe methods that are acceptable to the NRC staff for implementing specific parts of the agency's regulations, to explain techniques that the staff uses in evaluating specific issues or postulated events, and to describe information that the staff needs in its review of applications for permits and licenses. The DG, entitled ``Criteria for Power Systems for Nuclear Power Plants,'' is temporarily identified by its task [[Page 68788]] number, DG-1420 (ADAMS Accession No. ML24158A060) and the DG, entitled, ``Criteria for the Protection of Class 1E Power Systems and Equipment for Nuclear Power Plants,'' is temporarily identified by its task number, DG-1354 (ADAMS Accession No. ML24158A041). DG-1420 describes an approach that is acceptable to the NRC staff to meet regulatory requirements for the design, operation, and testing of electric power systems in nuclear power plants. DG-1420 endorses, with exceptions and clarifications, the Institute of Electrical and Electronics Engineers (IEEE) Standard (Std.) 308 2020, ``IEEE Standard Criteria for Class 1E Power Systems for Nuclear Power Generating Stations.'' In addition, DG-1420 includes the guidance provisions of RG 1.41, Revision 0, ``Preoperational Testing of Redundant On-Site Electric Power Systems to Verify Proper Load Group Assignments,'' which describes methods acceptable to the NRC for independence among redundant, onsite power sources and their load groups as part of the initial preoperational testing program and after major modifications or repairs. The staff plans to withdraw RG 1.41 if DG-1420 is finalized as RG 1.32, Revision 4. DG-1354 describes an approach that is acceptable to the staff of the NRC for use in complying with NRC regulations that address the protection of Class 1E power systems and equipment at nuclear power plants. DG-1354 endorses, with exceptions, additions and clarifications, IEEE Std. 741-2022, ``IEEE Standard for Criteria for the Protection of Class 1E Power Systems and Equipment for Nuclear Power Generating Stations.'' The staff is also issuing for public comment the draft regulatory analyses (ADAMS Accession Nos. ML24158A062 and ML24158A042). The staff developed these regulatory analyses to assess the value of issuing or revising the RGs as well as alternative courses of action. As noted in the Federal Register on December 9, 2022 (87 FR 75671), this document is being published in the ``Proposed Rules'' section of the Federal Register to comply with publication requirements under chapter I of title 1 of the Code of Federal Regulations (CFR). III. Backfitting, Forward Fitting, and Issue Finality If finalized, DG-1420 and DG-1354, would not constitute backfitting as defined in 10 CFR 50.109, ``Backfitting,'' and as described in NRC Management Directive (MD) 8.4, ``Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests''; affect issue finality of any approval issued under 10 CFR part 52, ``Licenses, Certificates, and Approvals for Nuclear Power Plants''; or constitute forward fitting as defined in MD 8.4, because, as explained in these DGs, licensees would not be required to comply with the positions set forth in these DGs. IV. Submitting Suggestions for Improvement of Regulatory Guides A member of the public may, at any time, submit suggestions to the NRC for improvement of existing RGs or for the development of new RGs. Suggestions can be submitted on the NRC's public website at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/contactus.html. Suggestions will be considered in future updates and enhancements to the ``Regulatory Guide'' series. Dated: August 21, 2024. For the Nuclear Regulatory Commission. Meraj Rahimi, Chief, Regulatory Guide and Programs Management Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2024-19187 Filed 8-27-24; 8:45 am] BILLING CODE 7590-01-P

usgpo

2024-10-08T13:26:18.038355

FR

FR-2024-08-28/2024-19072

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Proposed Rules] [Pages 68788-68833] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19072] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY 10 CFR Part 431 [EERE-2017-BT-STD-0007] RIN 1904-AD82 Energy Conservation Program: Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notification of data availability and request for comment. ----------------------------------------------------------------------- SUMMARY: On October 10, 2023, the U.S. Department of Energy (``DOE'') published a notice of proposed rulemaking (``NOPR''), in which DOE proposed new and amended energy conservation standards for commercial refrigerators, freezers, and refrigerator-freezers. In this notification of data availability (``NODA''), DOE is providing updated analytical results that reflect updates to the analysis that DOE is considering based on feedback received in response to the October 10, 2023, NOPR. DOE requests comments, data, and information regarding the updated analyses. DATES: DOE will accept comments, data, and information regarding this NODA no later than September 27, 2024. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at www.regulations.gov under docket number EERE-2017-BT-STD-0007. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE-2017-BT-STD-0007, by any of the following methods: (1) Email: [email protected]. Include the docket number EERE-2017-BT-STD-0007 in the subject line of the message. (2) Postal Mail: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1445. If possible, please submit all items on a compact disc (``CD''), in which case it is not necessary to include printed copies. (3) Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. No telefacsimiles (``faxes'') will be accepted. For detailed instructions on submitting comments and additional information on this process, see section IV of this document. Docket: The docket for this activity, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure. The docket web page can be found at www.regulations.gov/docket/EERE-2017-BT-STD-0007. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See section IV of this document for information on how to submit comments through www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 [[Page 68789]] Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-9870. Email: [email protected]. Ms. Kristin Koernig, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-4798. Email: [email protected]. For further information on how to submit a comment or review other public comments and the docket, contact the Appliance and Equipment Standards Program staff at (202) 287-1445 or by email: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Discussion A. Engineering Analysis 1. Representative Units 2. Baseline Energy Use Estimates 3. Baseline Design Components 4. Higher Efficiency Level Design Options a. Evaporator Fan Control b. Microchannel Condensers c. Variable-Speed Compressors 5. Compressor Energy Use Adjustment 6. Revised Cost Analysis 7. Equipment With Features That Affect Energy Use B. Energy Use Analysis 1. Energy Prices 2. Repair and Maintenance Costs 3. Residual Value for Refurbished CRE 4. Energy Efficiency Distribution in the No-New-Standards Case C. Shipments Analysis D. National Impact Analysis 1. Sensitivity Analysis for Equipment With Unique Energy Use Characteristics E. Manufacturer Impact Analysis 1. Manufacturer Production Costs 2. Shipments Projections 3. Product and Capital Conversion Costs 4. Refrigerant Transition Investments 5. Manufacturer Markup Scenarios F. Emissions Analysis, and Monetizing Emissions Impacts III. Analytical Results A. Compliance Period 1. Remote-Condensing Units 2. Self-Contained Condensing Units (Non-Large) 3. Self-Contained Condensing Units (Large) 4. Consumer Subgroup Analysis 5. Rebuttable Presumption Payback B. Economic Impacts on Manufacturers 1. Industry Cashflow Analysis Results 2. Direct Impacts on Employment C. National Impact Analysis 1. National Energy Savings 2. Net Present Value of Consumer Costs and Benefits D. Need of the Nation To Conserve Energy IV. Public Participation V. Approval of the Office of the Secretary I. Introduction EPCA authorizes DOE to regulate the energy efficiency of a number of consumer equipment and certain industrial equipment. (42 U.S.C. 6291-6317, as codified) Title III, Part C of EPCA,\1\ added by Public Law 95-619, Title IV, section 441(a), established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. (42 U.S.C. 6311-6317) This equipment includes commercial refrigerators, freezers, or refrigerator-freezers (``CRE''), the subject of this document. (42 U.S.C. 6311(1)(E)) --------------------------------------------------------------------------- \1\ For editorial reasons, upon codification in the U.S. Code, part C was redesignated part A-1. --------------------------------------------------------------------------- DOE defines a ``commercial refrigerator, freezer, or refrigerator- freezer,'' consistent with EPCA's definition at 42 U.S.C. 6311(9) and codified at title 10 Code of Federal Regulations (``CFR'') 431.62, as refrigeration equipment that is not a consumer product (as defined in 10 CFR 430.2); is not designed and marketed exclusively for medical, scientific, or research purposes; operates at a chilled, frozen, combination chilled and frozen, or variable temperature; displays or stores merchandise and other perishable materials horizontally, semi- vertically, or vertically; has transparent or solid doors, sliding or hinged doors, a combination of hinged, sliding, transparent, or solid doors, or no doors; is designed for pull-down temperature applications or holding temperature applications; and is connected to a self- contained condensing unit or to a remote condensing unit. On March 28, 2014, DOE published a final rule in the Federal Register that prescribed the current energy conservation standards for CRE manufactured on and after March 27, 2017 (``March 2014 Final Rule''). 79 FR 17725. DOE initiated a rulemaking to consider amending energy conservation standards for CRE by publishing a request for information in the Federal Register on July 16, 2021. 86 FR 37708. DOE subsequently published a notification of the availability of a preliminary technical support document for CRE in the Federal Register on June 28, 2022 (``June 2022 Preliminary Analysis''). 87 FR 38296. In the June 2022 Preliminary Analysis, DOE sought comment on the analytical framework, models, and tools that DOE used to evaluate potential standards for CRE, the results of preliminary analyses performed, and the potential energy conservation standard levels derived from these analyses, which DOE presented in the accompanying Preliminary Technical Support Document (``TSD'') (``June 2022 Preliminary TSD'').\2\ Id. DOE held a public meeting related to the June 2022 Preliminary Analysis on August 8, 2022. --------------------------------------------------------------------------- \2\ The June 2022 Preliminary TSD is available in the docket for this rulemaking at www.regulations.gov/document/EERE-2017-BT-STD-0007-0013. --------------------------------------------------------------------------- On October 10, 2023, DOE published in the Federal Register a NOPR to establish and amend energy conservation standards for CRE (``October 2023 NOPR''). 88 FR 70196. DOE also sought comment on the analytical framework, models, and tools that DOE used to evaluate the proposed standards for CRE, the results of the NOPR analyses performed, and the proposed new and amended energy conservation standard levels derived from these analyses, which DOE presented in the accompanying NOPR TSD (``October 2023 NOPR TSD'').\3\ Id. DOE held a public meeting related to the October 2023 NOPR on November 7, 2023 (hereafter, the ``November 2023 Public Meeting''). --------------------------------------------------------------------------- \3\ The October 2023 NOPR TSD is available in the docket for this proposed rulemaking at www.regulations.gov/document/EERE-2017-BT-STD-0007-0051. --------------------------------------------------------------------------- DOE is currently considering comments and feedback received in response to the October 2023 NOPR and November 2023 Public Meeting. DOE has also conducted revised analysis with regard to some of the topics on which it received feedback, as discussed throughout this document. Based on this feedback and DOE's additional analysis, DOE is considering updates to certain inputs to the analysis and certain analytical approaches as presented in the October 2023 NOPR. DOE is publishing this NODA to show how such updates would affect the analytical results in comparison to the results presented in the October 2023 NOPR. This document provides a high-level summary of the analytical updates that DOE is considering. DOE is also publishing a separate support document (``NODA support document'') and its engineering spreadsheet (``NODA engineering spreadsheet''), available in the docket for this proposed rulemaking, that provide greater details and a full set of analytical results that include updates as compared to the analysis conducted for the October 2023 NOPR. DOE is requesting comments, data, and information regarding the updated analysis. DOE also welcomes feedback and public input on the methodological and analytical approaches used in this updated analysis. [[Page 68790]] DOE notes that, in this document, DOE is not summarizing or responding to any specific comments received in response to the October 2023 NOPR and November 2023 Public Meeting. DOE is continuing to consider all of the stakeholder comments received in response to the October 2023 NOPR and November 2023 Public Meeting in further development of the rulemaking. Based on consideration of all of the public comments received, including any additional comments received in response to this NODA, DOE may adopt energy efficiency levels that are either higher or lower than the standards proposed in the October 2023 NOPR. II. Discussion A. Engineering Analysis The purpose of the engineering analysis is to establish the relationship between the efficiency and cost of the equipment. For each equipment class, DOE estimates the baseline cost (i.e., the cost of minimally compliant equipment), as well as the incremental cost for equipment at efficiency levels above the baseline. The output of the engineering analysis is a set of cost-efficiency ``curves'' that are used in downstream analyses (i.e., the life-cycle cost (``LCC'') and payback period (``PBP'') analyses, the manufacturer impact analysis (``MIA''), and the national impact analysis (``NIA'')). 1. Representative Units In performing the engineering analysis for CRE, DOE selected representative units for each primary equipment class to serve as analysis points in the development of cost-efficiency curves. In the October 2023 NOPR, DOE presented results for a single representative unit at a specific capacity for each CRE equipment class. 88 FR 70196, 70225. In this NODA, DOE made one change to its approach for selecting representative units for the engineering analysis from the October 2023 NOPR. DOE analyzed additional representative capacities for certain equipment classes in consideration of recent updates to future refrigerant requirements and safety standards in this NODA. In the October 2023 NOPR, DOE stated that it expects that the use of R-290 generally will improve efficiency as compared with the refrigerants currently in use (e.g., R-404A) because R-290 has a higher refrigeration-cycle efficiency than the current refrigerants. 88 FR 70196, 70227. Therefore, R-290 impacts the baseline energy use, compared to a baseline using current refrigerants, on which each efficiency level is built for the standards analysis. In the October 2023 NOPR, DOE's engineering analysis assumed that manufacturers would convert all self-contained CRE models to propane (designated as R-290) in accordance with the applicable refrigerant global warming potential (``GWP'') limits and compliance dates previously proposed by the Environmental Protection Agency (``EPA'').\4\ 88 FR 70196, 70227. The October 2023 NOPR analysis also assumed that all self-contained CRE would have a refrigerant charge (i.e., the amount of refrigerant in the CRE refrigeration system) no greater than the maximum allowable R-290 charge size specified by Underwriters Laboratories (``UL'') 60335-2-89 (corresponding to 304g for units with closed cases and 494 g for units with open cases). Id. --------------------------------------------------------------------------- \4\ EPA published its Technology Transitions Restrictions on the Use of Certain HFCs NOPR on December, 15, 2022 (``December 2022 EPA NOPR''). 88 FR 70196. Since the October 2023 NOPR, EPA published a Technology Transitions Restrictions on the Use of Certain HFCs Final Rule on October, 24, 2023 (the ``October 2023 EPA Final Rule''). 88 FR 73098. For CRE, the refrigerant GWP limits published in the October 2023 EPA Final Rule are consistent with the proposal in the December 2022 EPA NOPR. --------------------------------------------------------------------------- Since publishing the October 2023 NOPR, DOE has performed additional analysis as described below--as well as received additional feedback from CRE manufacturers--indicating that larger CRE units, which contain more refrigerant than smaller units, would require more R-290 refrigerant than the maximum allowable charge size specified by UL 60335-2-89. For such equipment, manufacturers will likely instead need to implement other low-GWP refrigerant options to comply with the GWP limits in the October 2023 EPA Final Rule. DOE has identified R- 454C and R-455A as alternatives that are mildly flammable (designated ``A2L'') refrigerants currently available and could be used for units with cooling capacities greater than would be achievable using an allowable R-290 charge size. In recognition of this, DOE analyzed two different representative capacities for the following 7 equipment classes: VOP.SC.M, SVO.SC.M, HZO.SC.L, SOC.SC.M,\5\ VCT.SC.M, VCT.SC.L, and VCS.SC.L.\6\ For each of these 7 classes, DOE would assume the use of an A2L refrigerant for the large capacity and R-290 for the non-large capacity. DOE requests comment on this analytical approach of assuming use of an A2L refrigerant for the large capacity equipment classes. --------------------------------------------------------------------------- \5\ DOE notes that, for the SOC.SC.M equipment class, DOE is considering a smaller representative capacity, as compared to the representative capacity proposed in the October 2023 NOPR, that would assume the use of R-290. For the large representative capacity in the SOC.SC.M equipment class (i.e., the same representative capacity as the October 2023 NOPR), DOE is considering an A2L refrigerant, consistent with the approach in this NODA. \6\ The equipment classes are designated by equipment family, condensing unit configuration, and operating temperature. Equipment Families: VOP--Vertical Open; SVO--Semi-Vertical Open; HZO-- Horizontal Open; VCT--Vertical Closed Transparent; HCT--Horizontal Closed Transparent; VCS--Vertical Closed Solid; HCS--Horizontal Closed Solid; SOC--Service Over Counter; CB--Chef Base; PD--Pull Down. Condensing Unit Configurations: RC--Remote Condensing; SC-- Self Contained. Operating Temperatures: H--High Temperature; M-- Medium Temperature; L--Low Temperature; I--Ice Cream Temperature. --------------------------------------------------------------------------- Table II.1 presents the 7 equipment classes for which DOE analyzed two representative capacities. This NODA presents analytical results of this approach under consideration for each of these 7 equipment classes. BILLING CODE 6450-01-P [[Page 68791]] [GRAPHIC] [TIFF OMITTED] TP28AU24.409 BILLING CODE 6450-01-C In support of this NODA, DOE investigated currently available compressor performance data of compressors using R-404A, R-454C, and R- 455A to compare performance for compressors applicable to CRE in the larger volume or TDA range of each equipment class presented in table II.1. This investigation indicates that compressors using R-454C and R- 455A have performance similar to compressors with refrigerants already in use (e.g., R-404A) in larger equipment, which is consistent with the findings from other investigations conducted by a compressor manufacturer.\7\ Accordingly, for the large representative units considered for these 7 equipment classes, DOE is presenting in this NODA an updated analysis that reflects the use of A2L compressors, based on performance data of R-404A compressors as a proxy to calculate the efficiency of this equipment. Using this approach, the baseline energy use for the large representative capacities in these 7 classes is set equal to the current standard. --------------------------------------------------------------------------- \7\ See p. 15 of https://e360hub.copeland.com/presentations/preparing-for-emerging-refrigerants-and-carb-compliance. --------------------------------------------------------------------------- Based on feedback to the October 2023 NOPR and in support of this NODA, DOE did not find compressor cost data to indicate that the price of an A2L compressor would be different than the price of an R-290 compressor at the same cooling capacity. As a result, DOE assumes the same cost for an A2L compressor as an R-290 compressor of the same compressor capacity in this NODA. DOE requests comment on any information or cost data that may indicate that the price of an A2L compressor would be different than the price of an R-290 compressor at the same cooling capacity. 2. Baseline Energy Use Estimates As discussed previously, in the October 2023 NOPR, DOE assumed that manufacturers would convert self-contained CRE models to R-290. The use of R-290 is generally expected to provide higher efficiency performance at the baseline level (compared to current refrigerants), such that the baseline efficiency levels defined in the October 2023 NOPR for each class generally reflected a lower energy use than the currently applicable DOE standards for CRE. 88 FR 70196, 70227-70228. In the October 2023 NOPR, DOE's analysis considered that these efficiency improvements, equipment costs, and manufacturer investments required to comply with the December 2022 EPA NOPR would be in effect prior to the time of compliance for the October 2023 NOPR proposed amended DOE CRE standards for all CRE equipment classes and sizes. 88 FR 70196, 70228. Therefore, in the October 2023 NOPR, DOE noted that the October 2023 NOPR analysis did not consider benefits and costs resulting from the December 2022 EPA NOPR. 88 FR 70196, 70208. DOE clarifies that DOE has not double counted any energy savings from the October 2023 EPA [[Page 68792]] Final Rule in this NODA nor in the October 2023 NOPR. In the October 2023 NOPR, DOE initially determined the energy use associated with the defined baseline efficiency levels for each equipment class by maximizing the single-speed compressor efficiency achievable for each respective equipment class based on the CRE compressors available at the time of the analysis from two commonly- used compressor manufacturers. Id. at 88 FR 70228. In this NODA, DOE updated its analysis of R-290 compressor performance to reflect the average compressor efficiency from the database of CRE compressors it has collected, instead of the maximum compressor efficiency as considered in the October 2023 NOPR. After the publication of the October 2023 NOPR, DOE was able to incorporate into this NODA compressor performance data from an additional compressor manufacturer that was not available to DOE for the October 2023 NOPR. Based on this updated approach, on average, the medium-temperature compressor energy savings presented in this NODA are less than the compressor energy savings in the October 2023 NOPR and the low- temperature compressor energy savings presented in this NODA are greater than the compressor energy savings in the October 2023 NOPR. Table II.2 presents the updated baseline energy use associated with each equipment class, expressed as a reduction in energy compared to the currently applicable standard, for both the R-290 and A2L (if applicable) representative units for each class. As discussed in the previous section, for the large representative capacities (which assume the use of A2L refrigerants), the baseline energy use is set equal to the current standard. [GRAPHIC] [TIFF OMITTED] TP28AU24.410 3. Baseline Design Components Based on feedback in response to the October 2023 NOPR and November 2023 Public Meeting and additional test and teardown data conducted since the October 2023 NOPR, DOE is updating certain design specifications and components assumed to be used in models at the baseline efficiency level in this NODA. These updates include the insulation R-Value (changing from 8 per inch to 6.5 per inch, which is more representative of current baseline equipment); insulation thickness (changing to be consistent with the thickness analyzed in the March 2014 Final Rule, which remain applicable to current equipment); \8\ baseline fan motor assumptions (considering electronically commutated motors (``ECM'') for evaporator and condenser fan motors for most classes); and use of electronic controls (to assume the use of electronic controls at the baseline for all equipment classes). Additional details regarding all design specification and component updates are provided in section 2 of the NODA support document. --------------------------------------------------------------------------- \8\ See table 5A.2.2 Baseline Specifications in the 2014 Final Rule TSD at www.regulations.gov/document/EERE-2010-BT-STD-0003-0102. --------------------------------------------------------------------------- These changes result in adjustments to equipment cost at the baseline level, as well as to the magnitude of efficiency improvement provided by higher efficiency design options whose performance depends on the heat load. 4. Higher Efficiency Level Design Options In consideration of feedback received in response to the October 2023 NOPR, DOE has removed evaporator fan control and microchannel condensers from consideration as design options and revised the variable speed compressor coefficients, as described in the following sections. [[Page 68793]] a. Evaporator Fan Control As stated in section 3.3.7.3 of the October 2023 NOPR TSD, evaporator fan motor controls can be programmed such that the evaporator fan motor runs at a 100 percent duty cycle to circulate cold air at all times and to prevent frost build up on the evaporator coil. As a design option, evaporator fan control refers to operating the evaporator fan at an evaporator fan duty cycle less than 100 percent. This design option operates the evaporator fan at an evaporator fan duty cycle that matches the compressor duty cycle, plus some additional operating time to accomplish defrosts and stir cycles. In the October 2023 NOPR, DOE analyzed the evaporator fan control design option for self-contained, closed CRE. 88 FR 70196, 70222. Feedback received in response to the October 2023 NOPR suggests that the use of evaporator fan controls could reduce air distribution and temperature uniformity in the refrigerated compartment, potentially leading to higher temperatures that would exceed established tolerances for food safety (e.g., as established by National Sanitation Foundation (``NSF'') 7). DOE notes that NSF 7 requirements do not preclude CRE from using evaporator fan controls and that some self-contained, closed CRE may be able to use evaporator fan controls and still comply with NSF 7 requirements. However, recognizing current uncertainty as to whether such food safety requirements could be maintained in certain applications of self-contained, closed CRE with the use of evaporator fan controls, DOE has tentatively screened out evaporator fan control as a design option for CRE. As a result, this NODA presents an updated engineering analysis that does not include evaporator fan control as a design option. b. Microchannel Condensers In the October 2023 NOPR, DOE considered microchannel condensers as a design option for self-contained CRE, having observed the use of microchannel condensers in other commercial refrigeration equipment such as automatic commercial ice makers (``ACIMs''), including ACIMs that use R-290. Id. DOE is not, however, aware of microchannel condensers in use for CRE and has not observed microchannel condensers in any of the equipment in the teardown analysis. Even though DOE tentatively determined in the October 2023 NOPR that microchannel condensers would be technically feasible for use in CRE, feedback from commenters in response to the October 2023 NOPR suggests that there is current uncertainty as to the practicability to manufacturer, install, or service this technology on the scale necessary to serve the CRE market at the time of the effective date of any new or amended standards. Recognizing this uncertainty, DOE has tentatively screened out microchannel condensers as a design option. As a result, this NODA presents an updated engineering analysis that does not include microchannel condensers as a design option. c. Variable-Speed Compressors In the October 2023 NOPR, DOE incorporated the performance data for variable-speed R-290 compressors currently available on the market into DOE's engineering spreadsheet. Id. at 88 FR 70219. Since publication of the October 2023 NOPR, DOE has observed that some compressor manufacturers have updated their variable-speed compressor coefficients. To take into account these updates, and to maintain a methodology consistent with that used for single-speed compressors, DOE made updates to its engineering analysis to assume the average efficiency of the current market for variable-speed compressors, selecting the lower-efficiency compressor if only two compressor brands are available at a specific cooling capacity, in this NODA. DOE also adjusted the calculation for the difference in evaporator and condenser temperatures when switching from single-speed to variable-speed compressors to instead use a static temperature difference of +3 [deg]F for the evaporator and -5 [deg]F for the condenser. Implementing these updates results in an energy use reduction from implementing variable- speed R-290 compressors ranging from approximately 2.5 to 19.2 percent, depending on the representative capacity of each equipment class. DOE notes that variable-speed compressors operate more efficiently at lower speeds than single-speed compressors do at full-speed. Therefore, variable-speed compressors have greater energy savings potential as further explained in section 3.3.4.3 of the October 2023 NOPR. Comparatively, in the October 2023 NOPR, DOE estimated approximately 0.5 to 25 percent energy consumption reduction when implementing variable-speed R-290 compressors.\9\ Id. --------------------------------------------------------------------------- \9\ See section 5.5.3.1 of the October 2023 NOPR TSD. --------------------------------------------------------------------------- 5. Compressor Energy Use Adjustment Since publication of the October 2023 NOPR, DOE has reviewed the Air-Conditioning, Heating, and Refrigeration Institute (``AHRI'') January 2017 white paper, Tolerances and Uncertainties in Performance Data of Refrigerant Compressors, which is referenced by the AHRI 540 compressor performance rating standard (``AHRI 540'').\10\ Based on this review, DOE applied a 5 percent increase in energy use for all compressors to account for the performance prediction uncertainty as a result of curve-fitted compressor performance maps in this NODA. See the NODA engineering spreadsheet for further details. --------------------------------------------------------------------------- \10\ For the AHRI white paper see www.ahrinet.org/system/files/2023-06/compressors-white-paper.pdf. --------------------------------------------------------------------------- 6. Revised Cost Analysis As DOE typically does during the course of a rulemaking, DOE considered updates to core case costs and certain design option costs to reflect current material prices and production factors that are relevant to the CRE industry. As part of this update, DOE has reviewed current Krypton gas prices and has observed that the cost differential between triple-pane doors with Argon gas and triple pane doors with Krypton gas has increased significantly \11\ compared to the cost differential used in the October 2023 NOPR analysis. See chapter 5 of the October 2023 NOPR TSD. This NODA presents updated costs for triple-pane doors with Krypton gas. --------------------------------------------------------------------------- \11\ The cost differential between Argon gas fill and Krypton gas fill for triple-pane doors is approximately seven times greater at the time of this NODA as compared to the October 2023 NOPR. --------------------------------------------------------------------------- In the October 2023 NOPR, DOE assumed an industry average manufacturer markup of 1.40 for all equipment classes. 88 FR 70196, 70247. Based on stakeholder comments in response to the October 2023 NOPR and market share weights, DOE updated the industry average manufacturer markup to 1.38 for all equipment classes and uses this updated value as the basis for the results presented in this NODA. 7. Equipment With Features That Affect Energy Use In the October 2023 NOPR, DOE proposed less stringent energy conservation standards for equipment of certain classes that have unique features such as forced-air evaporators or certain special door configurations (e.g., roll-in, roll-through, and pass-through). Id. at 88 FR 70230. The approach in the October 2023 NOPR involved use of feature-specific multipliers greater than 1.0 that would be applied to the proposed [[Page 68794]] energy conservation standard for an eligible class to provide less- stringent standards for a feature of that eligible class. Id. at 88 FR 70231. More details can be found in tables IV.7 and IV.8 of the October 2023 NOPR. As an alternative to the feature-specific multiplier approach, DOE is also tentatively considering a simplified multiplier approach to the eligible equipment classes discussed in the October 2023 NOPR, evaluating the use of a single multiplier for all evaluated equipment classes and feature groupings, including pass-through, sliding door, sliding-door pass-through, roll-in, roll-through, forced-air evaporator, and drawers. To select a single multiplier representative of the range of features analyzed, DOE used a shipment-weighted average of the eligible equipment class average multiplier values for each feature. DOE applied this multiplier to the energy use at each efficiency level for each eligible class, which implies that the difference in energy use of each feature compared to CRE without such feature is proportional to the equipment's energy use prior to the addition of each feature. The result of this single multiplier analysis yields a multiplier of 1.07. DOE notes that EPCA, as codified, contains what is known as an ``anti-backsliding'' provision, which prevents the Secretary from prescribing any amended standard that either increases the maximum allowable energy use or decreases the minimum required energy efficiency of a covered product. (42 U.S.C. 6316(e)(1); 42 U.S.C. 6295(o)(1)) Therefore, any multipliers that may be applied to eligible CRE equipment classes in any future DOE actions for this proposed rulemaking may be limited or adjusted due to the anti-backsliding provision. In this NODA, application of the multiplier to the energy use of each efficiency level of a given class is adjusted accordingly, if needed, to avoid backsliding against the current standard. Based on consideration of all of the public comments received, including any additional comments received in response to this NODA, DOE may adopt the multiplier approach proposed in the October 2023 NOPR, a revised approach with higher or lower multipliers than proposed in the October 2023 NOPR, an approach with additional or fewer multipliers, or a simpler approach in which a single multiplier would be used for any eligible feature for application to specific eligible classes as presented in this NODA. B. Energy Use Analysis The purpose of the energy use analysis is to determine the annual energy consumption of CRE at different efficiencies in representative U.S. commercial buildings and to assess the energy savings potential of increased CRE efficiency. The energy use analysis estimates the range of energy use of CRE in the field (i.e., as they are actually used by consumers). The energy use analysis provides the basis for other analyses DOE performs, particularly assessments of the energy savings and the savings in consumer operating costs that could result from adoption of amended or new standards. In the October 2023 NOPR, DOE calculated the energy consumption of the equipment as part of the engineering analysis. Id. at 88 70196, 70237. In this NODA, DOE adjusted the annual energy consumption to account for the field operation of occupancy sensors. Specifically, DOE was informed that some purchasers may choose to deactivate CRE occupancy sensors, thereby forgoing energy savings associated with this design option. Accordingly, DOE updated its energy use analysis for CRE at efficiency levels with occupancy sensors so that the benefit of an occupancy sensor is applied to only 75 percent of purchasers of this feature. The remaining 25 percent would incur the increased equipment cost but not the associated energy savings.\12\ The analysis presented in this NODA reflects this change under consideration. DOE requests comments, data, and information on the fraction of CRE that may not have the occupancy sensors activated. --------------------------------------------------------------------------- \12\ DOE selected 25 percent as a reasonable estimation of the fraction of CRE purchasers that may choose to deactivate their occupancy sensors despite purchasing this feature. --------------------------------------------------------------------------- Life-Cycle Cost and Payback Period Analysis For this NODA, DOE conducted an LCC and PBP analysis using the same general methodology described in the October 2023 NOPR. See Id. at 88 FR 70237-70238. Table II.3 summarizes the approach and data DOE used to derive inputs to the LCC and PBP calculations. The following sections discuss updates to the source of method for deriving those inputs--as compared to the October 2023 NOPR--that DOE considered and implemented in this NODA analysis for review and comment. Inputs that utilized the same approach or data source as the October 2023 NOPR are not discussed in this NODA. BILLING CODE 6450-01-P [[Page 68795]] [GRAPHIC] [TIFF OMITTED] TP28AU24.411 BILLING CODE 6450-01-C 1. Energy Prices --------------------------------------------------------------------------- \13\ For further information, see the ``Assumptions to AEO2023'' report that sets forther the major assumptions used to generate the projections in the AEO2023. Available at www.eia.gov/outlooks/aeo/assumptions/ (last accessed April 15, 2024). --------------------------------------------------------------------------- Because marginal electricity price more accurately captures the incremental savings associated with a change in energy use from higher efficiency, it provides a better representation of incremental change in consumer costs than average electricity prices. Therefore, DOE applied average electricity prices for the energy use of the equipment purchased in the no-new-standards case, and marginal electricity prices for the incremental change in energy use associated with the other efficiency levels considered in the October 2023 NOPR. Id. at 88 FR 70239. To derive electricity prices for this NODA analysis, DOE followed the same methodology as in the October 2023 NOPR. However, in this NODA, DOE updated the price data for current electricity prices (from 2022 to 2023). In particular, DOE developed electricity prices in 2023 for each census division using data from Edison Electric Institute (``EEI'') ``Typical Bills and Average Rates'' reports. To estimate energy prices in future years, DOE followed the same approach as in the October 2023 NOPR, i.e., DOE multiplied the 2023 electricity prices by the projection of annual average price changes for each of the nine census divisions from the reference case in AEO2023, which has an end year of 2050.\14\ --------------------------------------------------------------------------- \14\ EIA. Annual Energy Outlook 2023. Available at www.eia.gov/outlooks/aeo/ (last accessed April 15, 2024). --------------------------------------------------------------------------- 2. Repair and Maintenance Costs Repair costs are associated with repairing or replacing components that have failed in an appliance or equipment; maintenance costs are associated with maintaining the operation of the equipment. Typically, small incremental increases in equipment efficiency entail no, or only minor, changes in repair and maintenance costs compared to baseline efficiency equipment. In the October 2023 NOPR, DOE calculated repair costs by considering the typical failure rate of refrigeration system components (compressor, lighting, and evaporator and condenser fan motors), component manufacturer production costs (``MPCs'') and associated markups, and the labor cost of repairs, which is assumed to be performed by private vendors. Id. at 88 FR 70239. DOE considered the following specific CRE components and associated failure probabilities during typical CRE lifetime in its repair cost approach: compressor (25 percent), evaporator fan motor (50 percent), condenser fan motor (25 percent), and LED lighting (100 percent), with the presence of occupancy sensors decreasing LED lighting repair frequency by half. Id. In this NODA, DOE also considered repair and replacement costs associated with night curtains and has incorporated such costs into this NODA analysis. Specifically, DOE was informed that night curtains are likely to [[Page 68796]] be replaced before the end of the lifetime of CRE. DOE contacted retailers and manufacturers of night curtains of similar cost to the ones contained in the engineering analysis; these manufacturers and sellers stated that the lifetime varies according to user care. One manufacturer reported a recent replacement from a unit that lasted 10 years. In light of these reports, DOE selected 5 years as a reasonable estimate for the average lifetime of all night curtains. As a result, depending on the lifetime associated with each CRE, night curtains may be replaced once or several times during the CRE lifetime. Furthermore, DOE assumed a half-hour night curtain replacement labor duration at the same labor rates (according to RSMeans 2023) as other CRE components assumed to be replaced during the CRE lifetime (e.g., compressors) in the LCC analysis. DOE assigned these labor rates according to each purchaser's Census division to account for national labor cost variability. 3. Residual Value for Refurbished CRE To model the phenomenon of CRE sold for refurbishment, DOE utilized a residual value for such equipment in the LCC in the October 2023 NOPR. The residual value represents the remaining dollar value of surviving CRE at the average age of refurbishment. In the October 2023 NOPR, DOE estimated that refurbishments would occur at 5 years for small-size food-service buildings (e.g., restaurants) and 10 years for small-size food-sales and other commercial buildings. To account for the value of CRE with remaining life to the consumer, the LCC model applies this residual value as a ``credit'' at the end of the CRE lifetime and discounts it back to the start of the analysis period. This credit was applied to a fraction of self-contained CRE, totaling about 10 percent of all CRE in the LCC sample. Id. at 88 FR 70240. Since the publication of the October 2023 NOPR, DOE made adjustments to its refurbishment assumptions based on the premise that if the refurbishment market offers a favorable economic opportunity, it could be utilized by all businesses, not just businesses in small-size buildings. Accordingly, for this NODA, DOE still applies a credit to about 10 percent of all CRE in the sample; however the credit may apply to any self-contained equipment, regardless of building size.\15\ DOE has no reason to expect that businesses occupying larger size buildings would have a different refurbishment schedule than those occupying small-size buildings, and as such DOE retained the same assumptions as in the October 2023 NOPR regarding the average CRE lifetimes at the time of refurbishment, occurring after 5 years for food-service buildings (e.g., restaurants) and after 10 years for food-sales, and other building types (e.g., grocery stores). See id. --------------------------------------------------------------------------- \15\ Due to the installation complexity of remote condensing CRE, DOE assumed that such equipment are not likely to be refurbished. --------------------------------------------------------------------------- 4. Energy Efficiency Distribution in the No-New-Standards Case To accurately estimate the share of consumers that would be affected by a potential energy conservation standard at a particular efficiency level, DOE's LCC analysis considers the projected distribution (market shares) of equipment efficiencies under the no- new-standards case (i.e., the case without amended or new energy conservation standards) in the compliance year. This approach reflects the fact that some consumers may purchase equipment with efficiencies greater than the baseline levels in the absence of new or amended standards. To estimate the energy efficiency distribution of CRE for 2028 in the October 2023 NOPR, DOE used test data, feedback from manufacturer interviews, surveys, and the ``Single Compartment Commercial Refrigeration Equipment'' data from DOE's CCD, accessed in March 2024.\16\ Id. In this NODA, DOE presents the following updates to its LCC analysis, which are incorporated into this NODA analysis: (1) using CCD data retrieved on April 15, 2024 in place of CCD data used in the October 2023 NOPR that was retrieved on February 21, 2023, (2) deriving distributions for the new self-contained (large) capacities from CCD, and (3) grouping some self-contained (non-large) categories that had few observations in the CCD. --------------------------------------------------------------------------- \16\ U.S. Department of Energy. Compliance Certification Database (``CCD'') for Refrigeration Equipment--Commercial, Single Compartment. Available at www.regulations.doe.gov/certification-data/ (last accessed April 15, 2024). --------------------------------------------------------------------------- To create a robust sample for the energy efficiency distribution used in the LCC analysis, DOE separated the analyzed CRE equipment classes into 27 separate groups for this NODA analysis. DOE notes that the analysis for the October 2023 NOPR was based on 21 separate groups; DOE is considering adding new groups to account for equipment classes with two representative capacities (discussed in section II.A.1 of this document), and some self-contained equipment classes were grouped together if there were few model counts in the CCD. For the equipment classes that DOE relied on CCD model count data to formulate the efficiency distributions, this approach was used to allow equipment classes with a limited sample to share the efficiency distribution of a group of similar classes with a larger sample in the CCD. DOE compared energy use data from the CCD with energy use equations from the engineering analysis to derive model counts at each efficiency level. For the 7 self-contained equipment classes with large representative capacities, model counts for each representative unit were taken from subsets of the CCD, filtered by the appropriate volume or TDA. Equipment classes whose efficiency distributions were derived from aggregated data from manufacturer interviews, surveys, and test data were assigned their own groups (these 9 classes are the same ones from the October 2023 NOPR.) The estimated market shares for the no-new- standards case for CRE and the corresponding groupings are shown in table II.4. In advance of the October 2023 NOPR, DOE conducted manufacturer interviews and collected shipments data for several equipment classes. The equipment classes for which DOE collected shipments data account for 75 percent of total shipments and are marked with an asterisk in table II.4.\17\ For the remainder of the equipment classes for which DOE was not able to collect representative shipments data from manufacturers due to low sample sizes, DOE utilized the CCD database to estimate the no-new-standards-case efficiency distribution; this is the same approach used in the October 2023 NOPR. See Id. --------------------------------------------------------------------------- \17\ For some of these classes, such as chef bases or griddle stands and high-temperature refrigerators, DOE also developed the efficiency distributions based on DOE's test data, data submitted by manufacturers, ENERGY STAR certified data, and data from DOE's CCD. --------------------------------------------------------------------------- BILLING CODE 6450-01-P [[Page 68797]] [GRAPHIC] [TIFF OMITTED] TP28AU24.412 BILLING CODE 6450-01-C The LCC Monte Carlo simulations draw from the efficiency distributions and randomly assign an efficiency to the CRE purchased by each sample consumer in the no-new-standards case. The resulting percent shares within the sample match the market shares in the efficiency distributions. C. Shipments Analysis DOE uses projections of annual equipment shipments to calculate the national impacts of potential amended or new energy conservation standards [[Page 68798]] on energy use, net present value (``NPV''), and future manufacturer cashflows.\18\ The shipments model takes an accounting approach, tracking market shares of each equipment class and the vintage of units in the stock. Stock accounting uses equipment shipments as inputs to estimate the age distribution of in-service equipment stocks for all years. The age distribution of in-service equipment stocks is a key input to calculations of both the NES and NPV because operating costs for any year depend on the age distribution of the stock. --------------------------------------------------------------------------- \18\ DOE uses data on manufacturer shipments as a proxy for national sales, as aggregate data on sales are lacking. In general, one would expect a close correspondence between shipments and sales. --------------------------------------------------------------------------- For the shipments analysis conducted for this NODA, DOE followed the same approach as the October 2023 NOPR, with the exception of CRE that may be subject to refurbishment, as discussed in the following paragraph. To account for a potential increase in refurbished CRE as a result of increased prices from CRE standards, in the October 2023 NOPR, DOE assumed a price elasticity effect for a fraction of CRE shipments, which was limited to small-sized buildings. Id. at 88 FR 70242. In this NODA, DOE modified its price elasticity approach based on the premise that if the refurbishment market offers a favorable economic opportunity, it could be utilized by all businesses. Accordingly, for this NODA, the price elasticity effect \19\ applies to all self- contained units, regardless of the building size where those units are installed. DOE assumed that remote condensing CRE are generally not refurbished as they are less likely to be removed from service when being part of a separate condensing system. DOE notes that the price elasticity effect, and a resulting reduction in CRE shipments, is dependent on the price difference between the price consumers pay in the no-new-standards case and the standards case. DOE also acknowledges that, while a CRE refurbishment market may well exist and its magnitude may have recently increased due to supply chain and equipment price increases, this phenomenon applies to the CRE market overall, and is not a result of energy efficiency standards on CRE. With regard to self-contained units, DOE estimates that their market share is approximately 87 percent of the overall new (i.e., not refurbished) CRE market. --------------------------------------------------------------------------- \19\ DOE applied an elasticity constant of -0.5 to shipments for self-contained CRE and scaled this constant down to -0.15 over a period of 20 years from the current year of calculations, holding it constant at that rate for the remainder of the analysis period. This is the same constant and scaling methodology used in the October 2023 NOPR. --------------------------------------------------------------------------- D. National Impact Analysis The NIA assesses the national energy savings (``NES'') and the NPV from a national perspective of total consumer costs and savings that would be expected to result from new or amended standards at specific efficiency levels.\20\ (``Consumer'' in this context refers to consumers of the equipment being regulated.) DOE calculates the NES and NPV for the potential standard levels considered based on projections of annual equipment shipments, along with the annual energy consumption and total installed cost data from the energy use and LCC analyses. For the October 2023 NOPR, DOE projected the energy savings, operating cost savings, equipment costs, and NPV of consumer benefits over the lifetime of CRE sold from 2028 through 2057. Id. at 88 FR 70243. --------------------------------------------------------------------------- \20\ The NIA accounts for impacts in the United States and U.S. territories. --------------------------------------------------------------------------- DOE evaluates the impacts of new or amended standards by comparing a case without such standards with standards-case projections. The no- new-standards case characterizes energy use and consumer costs for each equipment class in the absence of new or amended energy conservation standards. For this projection, DOE considers historical trends in efficiency and various forces that are likely to affect the mix of efficiencies over time. DOE compares the no-new-standards case with projections characterizing the market for each equipment class if DOE adopted new or amended standards at specific energy efficiency levels for that class. For the standards cases, DOE considers how a given standard would likely affect the market shares of equipment with efficiencies greater than the standard. Table II.5 summarizes the inputs and methods DOE used for the NIA for this NODA. DOE made updates to some of the key inputs to the NIA analysis compared to the NIA analysis performed in the October 2023 NOPR. In particular, the NIA for this NODA includes slightly updated shipments (see section II.D of this document), slightly updated efficiency distribution (see section II.C of this document), updated annual energy consumption per unit (see section II.A of this document) and updated total installed costs per unit (see section II.A.6 of this document). [[Page 68799]] [GRAPHIC] [TIFF OMITTED] TP28AU24.413 1. Sensitivity Analysis for Equipment With Unique Energy Use Characteristics As discussed in section II.A.7 of this document, to account for CRE with certain features (e.g., pass-through, sliding door, sliding-door pass-through, roll-in, roll-through, forced-air evaporator, and drawers), DOE applied a single multiplier of 1.07 to the energy use of CRE with such features. To evaluate the impact of CRE with these unique energy use characteristics in the NIA, DOE conducted a sensitivity analysis in this NODA and estimated the NES and NPV for all CRE, applying a 1.07 energy use multiplier to CRE with these features. Given a lack of market data regarding CRE with these unique energy use characteristics, DOE relied on CCD model counts to estimate their market share. Table II.6 presents the estimated market share of CRE with unique energy use characteristics compared to their corresponding equipment class. [GRAPHIC] [TIFF OMITTED] TP28AU24.414 To model this sensitivity, DOE assumed that the efficiency distribution of the equipment with unique features is the same as that of the overall equipment class. DOE assumed an increased energy consumption for the affected equipment by a factor of 7 percent. DOE modelled another sensitivity with the assumption that 5 percent of equipment in the specified equipment classes will have unique features instead of the market shares shown in table II.6. The results of these sensitivity analyses are shown in the accompanying NODA support document. E. Manufacturer Impact Analysis DOE uses the Government Regulatory Impact Model (``GRIM'') to quantify the changes in cash flow due to new or amended standards that result in a higher or lower industry value. The GRIM uses a standard, annual, discounted cash-flow analysis that incorporates manufacturer costs, manufacturer markups, shipments, and industry financial information as inputs. The GRIM models changes in costs, distribution of shipments, investments, and manufacturer margins that could result from a new or amended energy conservation standard. The GRIM spreadsheet uses the inputs to arrive at a series of annual cash flows, beginning in 2024 (the base year of the analysis) and continuing 30 years after the analyzed 2028 compliance year. For this NODA analysis, DOE calculated industry net present value (``INPV'') by summing the stream of annual discounted cash flows during the [[Page 68800]] analysis period. Consistent with the October 2023 NOPR, DOE used a real discount rate of 10.0 percent for the CRE industry. Id. at 88 FR 70246. Key inputs to the GRIM (i.e., MPCs, shipments projections, conversion costs, refrigerant transition expenses, and manufacturer markup scenarios) are discussed in the following sections. 1. Manufacturer Production Costs The changes in the MPCs of covered equipment can affect the revenues, gross margins, and cash flow of the industry. See section II.A of this document for details on the NODA updated engineering analysis. 2. Shipments Projections The GRIM estimates manufacturer revenues based on total unit shipment projections and the distribution of those shipments by efficiency level. Consistent with the October 2023 NOPR, the GRIM uses the NIA's annual shipment projections derived from the shipments analysis. Id. at 88 FR 70196, 70242-70243. See section II.D of this document for details on the NODA updated shipments analysis. 3. Product and Capital Conversion Costs DOE made certain refinements to the product conversion cost analysis in the October 2023 NOPR, which are incorporated into the analysis conducted for this NODA. 88 FR 70196, 70246-70247. Specifically, for this NODA analysis, DOE incorporated the most recent Department of Labor's Bureau of Labor Statistics (``BLS'') wage data \21\ into its product conversion cost estimates and refreshed its equipment database to include up-to-date model listings from its CCD \22\ and California Energy Commission's Modernized Appliance Efficiency Database System for covered CRE.\23\ Furthermore, to account for the potential increase in testing and certification costs associated with new safety standards (i.e., UL 60335-2-89), which go into effect September 29, 2024, DOE doubled product conversion costs associated with UL testing and certification. For this NODA, DOE updated its capital conversion cost estimates from the October 2023 NOPR to 2023$ and manufacturer counts based on its refreshed model database but otherwise maintained its capital conversion cost methodology from the October 2023 NOPR. Id. --------------------------------------------------------------------------- \21\ U.S. Department of Labor, ``Occupational Employment and Wage Statistics,'' (May 2023). Available at: www.bls.gov/oes/current/oes_stru.htm#17-0000 (last accessed May 22, 2024). \22\ U.S. Department of Energy's Compliance Certification Database is available at www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A* (last accessed Jan. 31, 2024). \23\ California Energy Commission's Modernized Appliance Efficiency Database System is available at cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx (last accessed Jan. 31, 2024). --------------------------------------------------------------------------- 4. Refrigerant Transition Investments As discussed in section II.A.1 of this document, the October 2023 EPA Final Rule restricts the use of hydrofluorocarbons (``HFCs'') in specific sectors or subsectors, including use in certain CRE analyzed in this NODA. Consistent with the October 2023 NOPR, DOE accounted for the costs associated with redesigning CRE to make use of low-GWP refrigerants and retrofitting production facilities to accommodate flammable refrigerants in the GRIM in the no-new-standards case and standards cases. DOE considered the October 2023 EPA Final Rule and the expenses associated with the refrigerant transition in the analytical baseline of this analysis since manufacturers would need to comply with the October 2023 EPA Final Rule regardless of whether or not DOE amended or established standards for CRE. Id. at 88 FR 70247. Although refrigerant transition costs associated with the October 2023 EPA Final Rule are not attributed to this rulemaking, DOE accounted for these refrigerant transition costs in the no-new-standards case and standards cases to better reflect industry finances and cash flow over the analysis period. In this NODA, DOE made refinements to its research and development (``R&D'') refrigerant transition estimate to account for increased testing costs associated with third-party laboratories, as well as adjustments to the timeline of when manufacturers would need to make investments related to the refrigerant transition to align with the revised compliance dates for CRE in the October 2023 EPA Final Rule. See Id. at 88 FR 70284. Accordingly, for this NODA, DOE assumed that the transition to low-GWP refrigerants would require industry to invest approximately $14.6 million in R&D and $19.0 million in capital expenditures from 2024 (the NODA reference year) to 2026. Consistent with the October 2023 NOPR, DOE notes that its refrigerant transition estimates of $14.6 million in R&D and $19.0 million capital expenditures reflect an estimate of future investments industry would incur to comply with Federal or State refrigerant regulations. DOE acknowledges that manufacturers have already invested a significant amount of time and capital into transitioning CRE to low-GWP refrigerants. 5. Manufacturer Markup Scenarios This NODA analysis used the same manufacturer markup scenarios as the October 2023 NOPR. See Id. at 88 FR 70247-70248. F. Emissions Analysis, and Monetizing Emissions Impacts For this NODA pertaining to CRE, DOE conducted the emissions analyses using the same methodology and data sources as in the October 2023 NOPR. See Id. at 88 FR 70251-70257. However, DOE updated its social cost of greenhouse gases (``GHG) (``SC-GHG'') estimates, discussed as follows. To monetize the benefits of reducing GHG emissions, the October 2023 NOPR used the interim SC-GHG estimates presented in the Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates Under Executive Order 13990 published in February 2021 by the Interagency Working Group on the Social Cost of Greenhouse Gases (``IWG''). As a member of the IWG involved in the development of the February 2021 SC-GHG TSD, DOE agreed that the interim SC-GHG estimates represented the most appropriate estimate of the SC-GHG until revised estimates were developed reflecting the latest, peer-reviewed science. See Id. at 88 FR 70253-70255 for discussion of the development and details of the IWG SC-GHG estimates. The IWG has continued working on updating the interim estimates but has not published final estimates. Accordingly, in the regulatory analysis of its December 2023 Final Rule, ``Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review,'' EPA estimated climate benefits using a new, updated set of SC-GHG estimates (``2023 SC-GHG estimates''). EPA documented the methodology underlying the new estimates in the regulatory impact analysis (``RIA'') for the December 2023 Final Rule and in greater detail in a technical report entitled Report on the Social Cost of Greenhouse Gases: Estimates Incorporating Recent Scientific Advances that was presented as Supplementary Material to the RIA.\24\ The 2023 SC-GHG estimates ``incorporate recent research addressing recommendations of the Natural [[Page 68801]] Academies of Science, Engineering, and Medicine (``National Academies''), responses to public comments on an earlier sensitivity analysis using draft SC-GHG estimates included in the EPA's December 2022 proposal in the oil and natural gas sector standards of performance rulemaking, and comments from a 2023 external peer review of the accompanying technical report.'' \25\ --------------------------------------------------------------------------- \24\ https://www.epa.gov/system/files/documents/2023-12/eo12866_oil-and-gas-nsps-eg-climate-review-2060-av16-final-rule-20231130.pdf; https://www.epa.gov/system/files/documents/2023-12/epa_scghg_2023_report_final.pdf (last accessed July 3, 2024). \25\ https://www.epa.gov/system/files/documents/2023-12/epa_scghg_2023_report_final.pdf (last accessed July 3, 2024). --------------------------------------------------------------------------- On December 22, 2023, the IWG issued a memorandum directing that ``agencies should use their professional judgment to determine which estimates of the SC-GHG reflect the best available evidence, are most appropriate for particular analytical contexts, and best facilitate sound decision-making'' consistent with OMB Circular No. A-4 and applicable law.\26\ --------------------------------------------------------------------------- \26\ https://www.whitehouse.gov/wp-content/uploads/2023/12/IWG-Memo-12.22.23.pdf (last accessed July 3, 2024). --------------------------------------------------------------------------- DOE has been extensively involved in the IWG process and related work on the SC-GHGs for over a decade. This involvement includes DOE's role as the federal technical monitor for the seminal 2017 report on the SC-GHG issued by the National Academies, which provided extensive recommendations on how to strengthen and update the SC-GHG estimates.\27\ DOE has also participated in the IWG's work since 2021. DOE technical experts involved in this work reviewed the 2023 SC-GHG methodology and report in light of the National Academies' recommendations and DOE's understanding of the state of the science. --------------------------------------------------------------------------- \27\ Valuing Climate Damages: Updating Estimation of the Social Cost of Carbon Dioxide The National Academies Press. (available at: https://nap.nationalacademies.org/catalog/24651/valuing-climate-damages-updating-estimation-of-the-social-cost-of) (last accessed July 3, 2024). --------------------------------------------------------------------------- Based on this review, DOE has preliminarily determined that the updated 2023 SC-GHG estimates, including the approach to discounting, represent a significant improvement in estimating the SC-GHG through incorporating the most recent advancements in the scientific literature and by addressing recommendations on prior methodologies. In particular, the 2023 SC-GHG estimates implement the key recommendations of the National Academies, and the 2023 SC-GHG estimates incorporate the extensive scientific findings and methodological advances that have occurred since the last IWG updates in 2013, 2015, and 2016. The 2023 SC-GHG estimates have also been peer-reviewed. As indicated by their statements, the peer reviewers strongly supported the new methodology, calling it ``a huge advance,'' ``a real step change'' and ``an important improvement'' in estimating the SC-GHG, and noting that it addressed the National Academies' and others' recommendations and ``generally represents well the emerging consensus in the literature.'' The most significant improvements in the 2023 SC-GHG estimates carry out recommendations made by the National Academies. In its report, the National Academies' principal recommendation was to develop and use ``a new framework that would strengthen the scientific basis, provide greater transparency, and improve characterization of the uncertainties of the estimates.'' \28\ The IWG's estimates since 2010 have relied on averaging the values produced by three integrated assessment models, each of which generates a set of SC-GHG emissions estimates based on the inputs and assumptions built into that particular model.\29\ The National Academies recommended an entirely new approach that would ``unbundle'' this process and instead use a framework in which each step of the SC-GHG calculation is developed as one of four separate but integrated ``modules'': the socioeconomic module, the climate module, the damages module, and the discounting module. The report provided detailed recommendations on developing and using these modules, including how to address discounting, socioeconomic projections, climate modeling, and uncertainty. --------------------------------------------------------------------------- \28\ Report Recommends New Framework for Estimating the Social Cost of Carbon National Academies (available at: https://www.nationalacademies.org/news/2017/01/report-recommends-new-framework-for-estimating-the-social-cost-of-carbon) (last accessed July 3, 2024). \29\ See https://www.epa.gov/system/files/documents/2023-12/epa_scghg_2023_report_final.pdf at p. 6, (last accessed July 3, 2024). --------------------------------------------------------------------------- DOE preliminarily concludes that the 2023 SC-GHG estimates are consistent with the National Academies' 2017 recommendations and represent major scientific advancements over the IWG's approach. In addition, DOE supports the incorporation of more recent scientific findings and data throughout the development of each of the 2023 SC-GHG modules and the underlying components of those modules. Thus, in accordance with the IWG memo, and having reviewed the 2023 SC-GHG methodologies and updates, DOE has preliminarily determined that the updated 2023 SC-GHG estimates reflect the best available scientific and analytical evidence and methodologies, are accordingly the most appropriate for DOE analyses, and best facilitate sound decision-making by substantially improving the transparency of the estimates and representations of uncertainty inherent in such estimates. DOE welcomes comment on this preliminary determination.\30\ In a final rulemaking, DOE will determine what role, if any, these estimates will play in any final decision adopting new and amended energy conservation standards for CRE. --------------------------------------------------------------------------- \30\ See EPA's SC-GHG website for all of the technical files related to the updated estimates, including the final SC-GHG report (provided as Supplementary Material to the Dec 2023 Oil and Gas rule final RIA); all replication instructions and computer code for the estimates; all files related to the public comment and peer review process; and a workbook to assist analysts in applying the estimates: https://www.epa.gov/environmental-economics/scghg. --------------------------------------------------------------------------- For this NODA, DOE used these updated 2023 SC-GHG values to monetize the climate benefits of the emissions reductions associated at each efficiency level (``EL'') for CRE. These results are shown in the accompanying NODA support document in table 6.7 through table 6.15. Using these the 2023 SC-GHG estimates provides a better-informed range of potential climate benefits associated with the proposed new and amended standards. The EPA technical report presents SC-GHG values for emissions years through 2080; therefore, DOE did not monetize the climate benefits of GHG emissions reductions occurring after 2080. DOE expects additional climate impacts to accrue from GHG emissions changes post 2080, but due to a lack of readily available SC-GHG estimates for emissions years beyond 2080 and the relatively small emission effects expected from those years, DOE has not monetized these additional impacts in this analysis. The overall climate benefits are generally greater when using the higher, updated 2023 SC-GHG estimates, compared to the climate benefits using the older IWG SC-GHG estimates, which were used in the October 2023 NOPR. To facilitate a comparison, DOE also performed a sensitivity analysis using the IWG's 2021 interim SC- GHG estimates. The results are shown in the accompanying NODA support document.\31\ In setting energy efficiency standards for CRE in any subsequent final rule, DOE will, as in the NOPR, consider whether the standards result in positive net benefits under either SC-GHG calculation methodology, as well as in the absence [[Page 68802]] of the estimated, monetized climate benefits. --------------------------------------------------------------------------- \31\ See tables 6.16 through 6.17 in the NODA support document. --------------------------------------------------------------------------- For this NODA, DOE monetized NOX and SO2 using the same methodology and data sources as described in chapter 14 of the October 2023 NOPR TSD. III. Analytical Results A. Compliance Period EPCA requires that amended standards would apply to CRE on or after a date that is 3 years after the final rule is published in the Federal Register or, if the Secretary determines that 3 years is inadequate, not later than 5 years after the final rule is published in the Federal Register. (See 42 U.S.C. 6313(c)(6)(C)) Consistent with the October 2023 NOPR, DOE assumed new and amended standards would apply to CRE manufactured 3 years after the date on which any new and amended standards are published. Currently, DOE anticipates publication of a final rule in the second half of 2024. Therefore, for purposes of its analysis, DOE used 2028 as the first full year of compliance with any new or amended standards for CRE. Extending the compliance lead-in period from 3 years to a date between 3 to 5 years after a final rule is published in the Federal Register would delay the compliance year analyzed in this NODA from 2028 to 2029 or 2030. With regard to the LCC analysis and the NIA, a longer compliance period after publication of a final rule is not expected to result in significant changes to the results of the LCC and the NIA. Although a number of inputs to the LCC analysis and NIA are time- dependent (e.g., electricity prices, shipments drivers such as floorspace projections, and costs of certain design options that experience price learning, such as light-emitting diode (``LED'') lighting, and electronic components of variable speed compressors), these inputs would not result in significant changes to the results of the LCC and NIA for a 5-year compliance date (2030) compared to a 3- year compliance date (2028). For the LCC, the relative changes in inputs that are time-dependent are small over a two-year delay. Commercial electricity prices averaged on a national level are forecast by AEO 2023 to decrease by 1 percent from 2028 to 2030, but expected to exceed 2028 prices again in 2033 and beyond. Equipment costs for higher efficiency levels using LED lighting and variable-speed compressors are expected to decrease up to 0.8 percent from 2028 to 2030 due to the cost reduction associated with price learning.\32\ These variations in LCC inputs have only minor effects on the relative comparison of efficiency levels and, as a consequence, would lead only to a slight increase in life-cycle cost savings associated with higher efficiency equipment. Therefore, there are no negative impacts for consumers by a 2-year delay of the compliance year. Furthermore, the efficiency distribution of purchasers does not change over time in the no-new-standards scenario, meaning that a delay of 2 years would not change the percentage of purchasers impacted by a new standard. --------------------------------------------------------------------------- \32\ For more details on the price learning methodology, see chapter 8 of the October 2023 NOPR TSD. --------------------------------------------------------------------------- Regarding the NIA results, time-dependent inputs (e.g., equipment costs and electricity prices) will cause small variations to the undiscounted NPV. For example, a 2030 compliance date will result in a slight increase in NPV for CRE with design options that experience price learning because their future prices are expected to decrease over time. A delayed compliance date will result in a minor increase in energy savings primarily due to an overall increasing shipments trend in future years. Regarding MIA results, extending the compliance lead- in would allow manufacturers more flexibility to spread out investments over a longer period. Considered in isolation, extending the compliance lead-in could lessen reductions in annual free cash flow over the conversion period in the standards case because the same investments could be spread out over 4 or 5 years instead of 3 years. Because INPV is the sum of discounted annual cash flows over the analysis period, standards case INPV would be similarly impacted by a longer compliance period. Holding other factors constant, the projected change in INPV at more stringent levels would look less negative (or more positive) with a 4 or 5 year compliance period compared to a 3-year compliance period. B. Life-Cycle Cost and Payback Period In this NODA, DOE analyzed the economic impacts on CRE consumers by looking at the effects that potential new and amended standards at each EL would have on the LCC and PBP. DOE also examined the impacts of potential standards on selected consumer subgroups. These analyses are discussed in the following sections. In general, higher-efficiency equipment affect consumers in two ways: (1) purchase price increases and (2) annual operating costs decrease. Inputs used for calculating the LCC and PBP include total installed costs (i.e., equipment price plus installation costs), and operating costs (i.e., annual energy use, energy prices, energy price trends, repair costs, and maintenance costs). The LCC calculation also uses equipment lifetime and a discount rate. Chapter 8 of the October 2023 NOPR TSD provides detailed information on the LCC and PBP analyses. Table III.1 through table III.66 show the LCC and PBP results based on the updated analysis for the ELs considered for each equipment class in this NODA. In the first of each pair of tables, the simple payback is measured relative to the baseline equipment. In the second table, impacts are measured relative to the efficiency distribution in the no- new-standards case in the compliance year (see section II.C.4 of this document). Because some consumers purchase equipment with higher efficiency in the no-new-standards case, the average savings are less than the difference between the average LCC of the baseline equipment and the average LCC at each EL. The savings refer only to consumers who are affected by a standard at a given EL. Those who already purchase equipment with efficiency at or above a given EL are not affected. Consumers for whom the LCC increases at a given EL experience a net cost. 1. Remote-Condensing Units BILLING CODE 6501-01-P [[Page 68803]] [GRAPHIC] [TIFF OMITTED] TP28AU24.415 [GRAPHIC] [TIFF OMITTED] TP28AU24.416 [GRAPHIC] [TIFF OMITTED] TP28AU24.417 [GRAPHIC] [TIFF OMITTED] TP28AU24.418 [[Page 68804]] [GRAPHIC] [TIFF OMITTED] TP28AU24.419 [GRAPHIC] [TIFF OMITTED] TP28AU24.420 [GRAPHIC] [TIFF OMITTED] TP28AU24.421 [GRAPHIC] [TIFF OMITTED] TP28AU24.422 [[Page 68805]] [GRAPHIC] [TIFF OMITTED] TP28AU24.423 [GRAPHIC] [TIFF OMITTED] TP28AU24.424 [GRAPHIC] [TIFF OMITTED] TP28AU24.425 [GRAPHIC] [TIFF OMITTED] TP28AU24.426 2. Self-Contained Condensing Units (Non-Large) [GRAPHIC] [TIFF OMITTED] TP28AU24.427 [[Page 68806]] [GRAPHIC] [TIFF OMITTED] TP28AU24.428 [GRAPHIC] [TIFF OMITTED] TP28AU24.429 [GRAPHIC] [TIFF OMITTED] TP28AU24.430 [GRAPHIC] [TIFF OMITTED] TP28AU24.431 [GRAPHIC] [TIFF OMITTED] TP28AU24.432 [[Page 68807]] [GRAPHIC] [TIFF OMITTED] TP28AU24.433 [GRAPHIC] [TIFF OMITTED] TP28AU24.434 [GRAPHIC] [TIFF OMITTED] TP28AU24.435 [GRAPHIC] [TIFF OMITTED] TP28AU24.436 [[Page 68808]] [GRAPHIC] [TIFF OMITTED] TP28AU24.437 [GRAPHIC] [TIFF OMITTED] TP28AU24.438 [GRAPHIC] [TIFF OMITTED] TP28AU24.439 [[Page 68809]] [GRAPHIC] [TIFF OMITTED] TP28AU24.440 [GRAPHIC] [TIFF OMITTED] TP28AU24.441 [GRAPHIC] [TIFF OMITTED] TP28AU24.442 [GRAPHIC] [TIFF OMITTED] TP28AU24.443 [GRAPHIC] [TIFF OMITTED] TP28AU24.444 [[Page 68810]] [GRAPHIC] [TIFF OMITTED] TP28AU24.445 [GRAPHIC] [TIFF OMITTED] TP28AU24.446 [GRAPHIC] [TIFF OMITTED] TP28AU24.447 [[Page 68811]] [GRAPHIC] [TIFF OMITTED] TP28AU24.448 [GRAPHIC] [TIFF OMITTED] TP28AU24.449 [GRAPHIC] [TIFF OMITTED] TP28AU24.450 [GRAPHIC] [TIFF OMITTED] TP28AU24.451 [GRAPHIC] [TIFF OMITTED] TP28AU24.452 [[Page 68812]] [GRAPHIC] [TIFF OMITTED] TP28AU24.453 [GRAPHIC] [TIFF OMITTED] TP28AU24.454 [GRAPHIC] [TIFF OMITTED] TP28AU24.455 [GRAPHIC] [TIFF OMITTED] TP28AU24.456 [[Page 68813]] [GRAPHIC] [TIFF OMITTED] TP28AU24.457 [GRAPHIC] [TIFF OMITTED] TP28AU24.458 [GRAPHIC] [TIFF OMITTED] TP28AU24.459 [GRAPHIC] [TIFF OMITTED] TP28AU24.460 [[Page 68814]] [GRAPHIC] [TIFF OMITTED] TP28AU24.461 [GRAPHIC] [TIFF OMITTED] TP28AU24.462 [GRAPHIC] [TIFF OMITTED] TP28AU24.463 [[Page 68815]] [GRAPHIC] [TIFF OMITTED] TP28AU24.464 [GRAPHIC] [TIFF OMITTED] TP28AU24.465 [GRAPHIC] [TIFF OMITTED] TP28AU24.466 3. Self-Contained Condensing Units (Large) [GRAPHIC] [TIFF OMITTED] TP28AU24.467 [[Page 68816]] [GRAPHIC] [TIFF OMITTED] TP28AU24.468 [GRAPHIC] [TIFF OMITTED] TP28AU24.469 [GRAPHIC] [TIFF OMITTED] TP28AU24.470 [GRAPHIC] [TIFF OMITTED] TP28AU24.471 [[Page 68817]] [GRAPHIC] [TIFF OMITTED] TP28AU24.472 [GRAPHIC] [TIFF OMITTED] TP28AU24.473 [GRAPHIC] [TIFF OMITTED] TP28AU24.474 [GRAPHIC] [TIFF OMITTED] TP28AU24.475 [[Page 68818]] [GRAPHIC] [TIFF OMITTED] TP28AU24.476 [GRAPHIC] [TIFF OMITTED] TP28AU24.477 [GRAPHIC] [TIFF OMITTED] TP28AU24.478 [[Page 68819]] [GRAPHIC] [TIFF OMITTED] TP28AU24.479 [GRAPHIC] [TIFF OMITTED] TP28AU24.480 BILLING CODE 6450-01-C 4. Consumer Subgroup Analysis In the consumer subgroup analysis in this NODA, DOE estimated the impact of the considered ELs on small businesses. As in the October 2023 NOPR, DOE applies small business-specific discount rates, which are mostly higher than those in the full consumer sample. For this NODA, DOE also applied small business-specific energy prices, which are generally higher than those in the full consumer sample. Table III.67 compares the average LCC savings and PBP at each efficiency level for the consumer subgroups with similar metrics for the entire consumer sample for CRE. In most cases, the average LCC savings and PBP for small businesses at the considered efficiency levels are not substantially different from the average for all consumers. BILLING CODE 6450-01-P [[Page 68820]] [GRAPHIC] [TIFF OMITTED] TP28AU24.481 [[Page 68821]] [GRAPHIC] [TIFF OMITTED] TP28AU24.482 [[Page 68822]] [GRAPHIC] [TIFF OMITTED] TP28AU24.483 [[Page 68823]] [GRAPHIC] [TIFF OMITTED] TP28AU24.484 5. Rebuttable Presumption Payback EPCA establishes a rebuttable presumption that an energy conservation standard is economically justified if the increased purchase cost for equipment that meets the standard is less than three times the value of the first-year energy savings resulting from the standard. (42 U.S.C. 6316(e)(1); 42 U.S.C. 6295(o)(2)(B)(iii)) In calculating a rebuttable presumption payback period for each of the considered Els in this NODA, DOE used discrete values and, as required by EPCA, based the energy use calculation on the DOE test procedure for CRE. In contrast, the PBPs presented in section III.B of this document were calculated using distributions that reflect the range of energy use in the field. Table III. presents the rebuttable-presumption payback periods for the considered ELs for CRE. [[Page 68824]] [GRAPHIC] [TIFF OMITTED] TP28AU24.486 [[Page 68825]] [GRAPHIC] [TIFF OMITTED] TP28AU24.487 BILLING CODE 6450-01-C B. Economic Impacts on Manufacturers Table III.69 shows the efficiency level grouping analyzed in the GRIM in this NODA. The MIA does not present results by equipment class and efficiency level because redesign and investments for one equipment class may impact multiple equipment classes because different equipment classes can share the same architecture, tooling, and production lines. Therefore, the MIA presents results based on a representative combination of efficiency levels for remote-condensing units, self- contained condensing units (non-large), and self-contained condensing units (large). The accompanying NODA support document shows the analyzed design options and energy use equations for each considered efficiency level. 1. Industry Cashflow Analysis Results Table III.70 through table III.72 present the GRIM results for the updated CRE analysis discussed in this NODA for the CRE remote- condensing units, the CRE self-contained condensing units (non-large), and the CRE self-contained condensing units (large). The methodology and assumptions used in the MIA did not change from the October 2023 NOPR except for the analytical changes described in prior sections of this document. Details of the MIA inputs and methodology are available in chapter 12 of the October 2023 NOPR TSD. [[Page 68826]] [GRAPHIC] [TIFF OMITTED] TP28AU24.488 [[Page 68827]] [GRAPHIC] [TIFF OMITTED] TP28AU24.489 [GRAPHIC] [TIFF OMITTED] TP28AU24.490 [[Page 68828]] [GRAPHIC] [TIFF OMITTED] TP28AU24.491 BILLING CODE 6450-01-C 2. Direct Impacts on Employment For the direct employment analysis, DOE revised the methodology used to estimate the lower bound impacts to domestic production employment in the October 2023 NOPR, which was incorporated into the analysis conducted for this NODA. DOE maintained the same estimate of U.S. labor percentage of 77 percent from the October 2023 NOPR for this NODA. See at Id. 88 FR 70196, 70282-70283. Using the GRIM, DOE estimated that in the absence of new and amended energy conservation standards, there would be 1,966 domestic production and non-production workers for CRE remote-condensing units in 2028, 9,613 domestic production and non-production workers for CRE self-contained condensing units (non-large) in 2028, and 928 production and non-production workers for CRE self-contained condensing units (large) in 2028. Table III.73 through table III.75 show the range of impacts of energy conservation standards on U.S. manufacturing employment in the CRE industry for remote-condensing units, self- contained condensing units (non-large), and self-contained condensing units (large). [GRAPHIC] [TIFF OMITTED] TP28AU24.492 [[Page 68829]] [GRAPHIC] [TIFF OMITTED] TP28AU24.493 [GRAPHIC] [TIFF OMITTED] TP28AU24.494 The upper bound estimate corresponds to a potential change in the number of domestic production workers that would result from new and amended energy conservation standards if manufacturers continue to produce the same scope of covered equipment within the United States after the analyzed compliance date. Most of the design options analyzed in the engineering analysis require manufacturers to purchase more- efficient components from suppliers. These components do not require significant additional labor to assemble or significant production line updates. For this NODA, DOE modeled an incremental increase in labor content associated with implementing improved door designs (i.e., moving to double-pane, triple-pane, or vacuum-insulated glass door designs). The lower bound estimate conservatively assumes that some domestic manufacturing either is eliminated or moves abroad at more stringent efficiency levels. For levels that require capital investment and higher per-unit labor content, DOE assumed that some manufacturing could move abroad as relocating production to lower-labor cost countries could become increasingly attractive. The employment impacts discussed in this section are independent of the employment impacts from the broader U.S. economy. C. National Impact Analysis This section presents DOE's estimates of the NES and the NPV of consumer benefits that would result from each of the ELs considered as potential amended standards. 1. National Energy Savings To estimate the energy savings attributable to potential new and amended standards for CRE, DOE compared their energy consumption under the no-new-standards case to their anticipated energy consumption at each EL in this NODA. The savings are measured over the entire lifetime of equipment purchased in the 30-year period that begins in the year of anticipated compliance with new and amended standards 2028-2057. Table III.76 presents DOE's projections of the national energy savings for each EL for CRE. The savings were calculated using the approach described in section II.E of this document. BILLING CODE 6450-01-P [[Page 68830]] [GRAPHIC] [TIFF OMITTED] TP28AU24.495 BILLING CODE 6450-01-C 2. Net Present Value of Consumer Costs and Benefits DOE estimated the cumulative NPV of the total costs and savings for consumers that would result from the ELs considered for CRE. In accordance with OMB's guidelines on regulatory analysis,\33\ DOE calculated NPV using both a 7-percent and a 3-percent real discount rate. Table III.77 and table III.78 show the consumer NPV results at 3 percent and 7 percent discount rates with impacts counted over the lifetime of equipment purchased during the period 2028-2057. --------------------------------------------------------------------------- \33\ U.S. Office of Management and Budget. Circular A-4: Regulatory Analysis. September 17, 2003. https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf (last accessed June 6, 2024). --------------------------------------------------------------------------- BILLING CODE 6450-01-P [[Page 68831]] [GRAPHIC] [TIFF OMITTED] TP28AU24.496 [[Page 68832]] [GRAPHIC] [TIFF OMITTED] TP28AU24.497 BILLING CODE 6450-01-C D. Need of the Nation To Conserve Energy Enhanced energy efficiency, where economically justified, improves the Nation's energy security, strengthens the economy, and reduces the environmental impacts (costs) of energy production. Reduced electricity demand due to energy conservation standards is also likely to reduce the cost of maintaining the reliability of the electricity system, particularly during peak-load periods. Energy conservation resulting from potential energy conservation standards for CRE is expected to yield environmental benefits in the form of reduced emissions of certain air pollutants and greenhouse gases. DOE also estimated monetary benefits likely to result from the reduced emissions that DOE estimated for each of the considered ELs for CRE. Chapter 6 of the accompanying NODA support document provides DOE's estimate of cumulative emissions reductions and associated monetized benefits expected to result at each EL. IV. Public Participation DOE requests comment on the updated analysis for CRE presented in the NODA. As noted in the October 2023 NOPR, DOE may adopt energy efficiency levels that are either higher or lower than the proposed standards in [[Page 68833]] the October 2023 NOPR. Id. at 88 FR 70196, 70203. DOE will accept comments, data, and information regarding this NODA no later than the date provided in the DATES section at the beginning of this document. Interested parties may submit comments, data, and other information using any of the methods described in the ADDRESSES section at the beginning of this document. Submitting comments via www.regulations.gov. The www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment itself or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Otherwise, persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (``CBI'')). Comments submitted through www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery/courier, or postal mail. Comments and documents submitted via email, hand delivery/ courier, or postal mail also will be posted to www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information in a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via postal mail or hand delivery/courier, please provide all items on a CD, if feasible, in which case it is not necessary to submit printed copies. No telefacsimiles (``faxes'') will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, that are written in English, and that are free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters' names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email two well-marked copies: one copy of the document marked ``confidential'' including all the information believed to be confidential, and one copy of the document marked ``non-confidential'' with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. It is DOE's policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). V. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this notification of data availability and request for comment. Signing Authority This document of the Department of Energy was signed on August 17, 2024, by Jeffrey Marootian, Principal Deputy Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on August 21, 2024. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2024-19072 Filed 8-27-24; 8:45 am] BILLING CODE 6450-01-P

usgpo

2024-10-08T13:26:18.084816

FR

FR-2024-08-28/2024-19329

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Proposed Rules] [Pages 68833-68837] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19329] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 27 [Docket No. FAA-2024-0875; Notice No. 27-24-01-SC] Special Conditions: Skyryse, Robinson Helicopter Company Model R66 Helicopter; Interaction of Systems and Structures AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed special conditions. ----------------------------------------------------------------------- SUMMARY: This action proposes special conditions for the Robinson Helicopter Company (Robinson) Model R66 helicopter. This helicopter, as modified by Skyryse, will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for normal category helicopters. This design feature is a novel control input and fly-by-wire (FBW) system. The applicable airworthiness regulations do not contain [[Page 68834]] adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: Send comments on or before October 15, 2024. ADDRESSES: Send comments identified by Docket No. FAA-2024-0875 using any of the following methods: Federal eRegulations Portal: Go to www.regulations.gov and follow the online instructions for sending your comments electronically. Mail: Send comments to Docket Operations, M-30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC, 20590-0001. Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: Fax comments to Docket Operations at 202-493-2251. Docket: Background documents or comments received may be read at www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Daniel Moore, Airframe Section, AIR- 622, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone (303) 342-1066; email [email protected]. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the proposed special conditions, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date for comments, and will consider comments filed late if it is possible to do so without incurring delay. The FAA may change these special conditions based on the comments received. Privacy Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in title 14, Code of Federal Regulations (14 CFR) 11.35, the FAA will post all comments received without change to www.regulations.gov, including any personal information you provide. The FAA will also post a report summarizing each substantive verbal contact received about these special conditions. Confidential Business Information Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to these special conditions contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to these special conditions, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ``PROPIN.'' The FAA will treat such marked submissions as confidential under the FOIA, and the indicated comments will not be placed in the public docket of these proposed special conditions. Send submissions containing CBI to the individual listed in the For Further Information Contact section above. Comments the FAA receives, which are not specifically designated as CBI, will be placed in the public docket for these proposed special conditions. Background On April 10, 2023, Skyryse applied for a supplemental type certificate for removal of the mechanical control system and installation of a computer controlled flight control system in the Model R66 helicopter. The Robinson Model R66 helicopter, currently approved under Type Certificate No. R00015LA, is a single engine normal category rotorcraft. The maximum take-off weight is 2,700 pounds, with a maximum seating capacity of five passengers. Type Certification Basis Under the provisions of 14 CFR 21.101, Skyryse must show that the Robinson Model R66 helicopter, as changed, continues to meet the applicable provisions of the regulations listed in Type Certificate No. R00015LA or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. If the Administrator finds that the applicable airworthiness regulations do not contain adequate or appropriate safety standards for the Robinson Model R66 helicopter because of a novel or unusual design feature, special conditions are prescribed under the provisions of Sec. 21.16. Special conditions are initially applicable to the model for which they are issued. Should the applicant apply for a supplemental type certificate to modify any other model included on the same type certificate to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model under Sec. 21.101. In addition to the applicable airworthiness regulations and special conditions, the Robinson Model R66 helicopter must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36. The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with Sec. 11.38, and they become part of the type certification basis under Sec. 21.101. Novel or Unusual Design Feature The Robinson Model R66 helicopter will incorporate the following novel or unusual design feature: Novel control input and FBW system. Discussion Skyryse is proposing to install an FBW flight control system (FCS) intended to replace the current hydraulicly boosted mechanical primary FCS, on a Robinson Model R66 helicopter. FBW systems are new to part 27 rotorcraft and as such, the rotorcraft FCS will now contain control functions that affect the static strength of rotorcraft structure. These proposed special conditions would give the applicant an option to offset the structural factor of safety based on the probability of system failure. These proposed special conditions apply to systems that can induce loads on the airframe or change the response of the rotorcraft to maneuvers or to control inputs, as a result of failure. Some potential examples include part 27 rotorcraft equipped with FBW or fly-by-light FCSs, autopilots, stability augmentation systems, load alleviation systems, flutter control systems, fuel management systems, and other systems that either directly or as a result of failure or [[Page 68835]] malfunction affect structural performance. The FAA has issued special conditions for the interaction of systems and structures to other aircraft in the past (parts 23, 25, and 29). Active flight control systems are capable of providing automatic responses to inputs from sources other than the pilots. These automatic systems may become inoperative or may operate in a degraded mode, which could impact the loads envelope and rotorcraft static strength. Therefore, it is necessary to determine the structural factors of safety and operating margins such that the joint probability of structural failures due to application of loads during system malfunctions is not greater than that found in rotorcraft equipped with earlier technology control systems. To achieve this objective, it is necessary to define the failure conditions with their associated frequency of occurrence in order to determine the structural factors of safety and operating margins that will ensure an acceptable level of safety. The proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Applicability As discussed above, these proposed special conditions are applicable to the model for which they are issued. Should the applicant apply for a supplemental type certificate to modify any other model included on the same type certificate to incorporate the same novel or unusual design feature, these special conditions would apply to the other model as well. Conclusion This action affects only a certain novel or unusual design feature on one model of helicopter. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the helicopter. List of Subjects in 14 CFR Part 27 Aircraft, Aviation safety, Reporting and recordkeeping requirements. Authority Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, and 44704. The Proposed Special Conditions Accordingly, the Federal Aviation Administration (FAA) proposes the following special conditions as part of the type certification basis for Robinson Model R66 helicopters, as modified by Skyryse. Interaction of Systems and Structures For rotorcraft equipped with systems that affect structural performance, either directly or as a result of a failure or malfunction, the influence of these systems and their failure conditions must be taken into account when showing compliance with the requirements of subparts C and D of part 27 of title 14 of the Code of Federal Regulations (14 CFR). The following criteria must be used for showing compliance with these special conditions: (a) The criteria defined herein only address the direct structural consequences of the system responses and performance. They cannot be considered in isolation but should be included in the overall safety evaluation of the rotorcraft. These criteria may, in some instances, duplicate standards already established for this evaluation. These criteria are only applicable to structures whose failure could prevent continued safe flight and landing. Specific criteria that define acceptable limits on handling characteristics or stability requirements, when operating in the system degraded or inoperative mode, are not provided in these special conditions. (b) Depending upon the specific characteristics of the rotorcraft, additional studies may be required that go beyond the criteria provided in these special conditions in order to demonstrate the capability of the rotorcraft to meet other realistic conditions such as alternative gust or maneuver descriptions for a rotorcraft equipped with a load alleviation system. (c) The following definitions are applicable to these special conditions. (1) Structural performance: Capability of the rotorcraft to meet the structural requirements of 14 CFR part 27. (2) Flight limitations: Limitations that can be applied to the rotorcraft flight conditions following an in-flight occurrence and that are included in the flight manual (e.g., speed limitations, avoidance of severe weather conditions, etc.). (3) Operational limitations: Limitations, including flight limitations that can be applied to the rotorcraft operating conditions before dispatch (e.g., fuel, payload, and master minimum equipment list limitations). (4) Failure condition: The term failure condition is the same as that used in Sec. 27.1309; however, these special conditions apply only to system failure conditions that affect the structural performance of the rotorcraft (e.g., system failure conditions that induce loads, change the response of the rotorcraft to inputs such as gusts or pilot actions, or lower flutter margins). Effects of Systems on Structures (a) General. The following criteria will be used in determining the influence of a system and its failure conditions on the rotorcraft structure. (b) System fully operative. With the system fully operative, the following apply: (1) Limit loads must be derived in all normal operating configurations of the system from all the limit conditions specified in subpart C (or used in lieu of those specified in subpart C), taking into account any special behavior of such a system or associated functions or any effect on the structural performance of the rotorcraft that may occur up to the limit loads. In particular, any significant nonlinearity (rate of displacement of control surface, thresholds, or any other system nonlinearities) must be accounted for in a realistic or conservative way when deriving limit loads from limit conditions. (2) The rotorcraft must meet the strength requirements of part 27 (static strength, residual strength), using the specified factors to derive ultimate loads from the limit loads defined above. The effect of nonlinearities must be investigated beyond limit conditions to ensure the behavior of the system presents no anomaly compared to the behavior below limit conditions. However, conditions beyond limit conditions need not be considered when it can be shown that the rotorcraft has design features that will not allow it to exceed those limit conditions. (3) The rotorcraft must meet the flutter requirements of Sec. 27.629. (c) System in the failure condition. For any system failure condition not shown to be extremely improbable, the following apply: (1) At the time of occurrence. Starting from 1-g level flight conditions, a realistic scenario, including pilot corrective actions, must be established to determine the loads occurring at the time of failure and immediately after the failure. (i) For static strength substantiation, these loads multiplied by an appropriate factor of safety that is related to the probability of occurrence of the failure, are ultimate loads to be considered for design. The factor of safety is defined in Figure 1. [[Page 68836]] [GRAPHIC] [TIFF OMITTED] TP28AU24.498 (ii) For residual strength substantiation, the rotorcraft must be able to withstand two thirds of the ultimate loads defined in paragraph (c)(1)(i) of these special conditions. (iii) Freedom from flutter and divergence must be shown under any condition of operation including: (A) Airspeeds up to 1.11 VNE (power on and power off). (B) Main rotor speeds from 0.95 x the minimum permitted speed up to 1.05 x the maximum permitted speed (power on and power off). (C) The critical combinations of weight, center of gravity position, load factor, altitude, speed, and power condition. (iv) For failure conditions that result in excursions beyond operating limitations, freedom from flutter and divergence must be shown to increased speeds, so that the margins intended by paragraph (c)(1)(iii) of these special conditions are maintained. (v) Failures of the system that result in forced structural vibrations (oscillatory failures) must not produce loads that could result in detrimental deformation of primary structure. (2) For the continuation of the flight. For the rotorcraft in the system failed state, and considering any appropriate reconfiguration and flight limitations, the following apply: (i) The loads derived from the following conditions (or used in lieu of the following conditions) at speeds up to VNE (power on and power off) (or the speed limitation prescribed for the remainder of the flight) and at the minimum and maximum main rotor speeds (if applicable) must be determined: (A) the limit symmetrical maneuvering conditions specified in Sec. Sec. 27.337 and Sec. 27.339; (B) the limit gust conditions specified in Sec. 27.341; (C) the limit yaw maneuvering conditions specified in Sec. 27.351; (D) the limit unsymmetrical conditions specified in Sec. 27.427; and (E) the limit ground loading conditions specified in Sec. 27.473. (ii) For static strength substantiation, each part of the structure must be able to withstand the loads in paragraph (c)(2)(i) of these special conditions multiplied by a factor of safety depending on the probability of being in this failure state. The factor of safety is defined in Figure 2. [GRAPHIC] [TIFF OMITTED] TP28AU24.499 [[Page 68837]] Qj = (Tj)(Pj) Where: Qj = Probability of being in failure condition j Tj = Average time spent in failure condition j (in hours) Pj = Probability of occurrence of failure mode j (per hour) Note: If Pj is greater than 10-3 per flight hour, then a 1.5 factor of safety must be applied to all limit load conditions specified in subpart C. (iii) For residual strength substantiation, the rotorcraft must be able to withstand two thirds of the ultimate loads defined in paragraph (c)(2)(ii) of these special conditions. (iv) If the loads induced by the failure condition have a significant effect on fatigue or damage tolerance, then their effects must be taken into account. (v) Freedom from flutter and divergence must also be shown up to 1.11 VNE (power on and power off), including any probable system failure condition combined with any damage required or selected for investigation by either Sec. 27.571(e) or Sec. 27.573(d). (3) Consideration of certain failure conditions may be required by other sections of 14 CFR part 27 regardless of calculated system reliability. Where analysis shows the probability of these failure conditions to be extremely improbable, criteria other than those specified in this paragraph may be used for structural substantiation to show continued safe flight and landing. (d) Failure indications. For system failure detection and indication, the following apply: (1) The system must be checked for failure conditions, not shown to be extremely improbable, that degrade the structural capability below the level required by part 27 or that significantly reduce the reliability of the remaining operational portion of the system. As far as reasonably practicable, the flight crew must be made aware of these failures before flight. Certain elements of the control system, such as mechanical and hydraulic components, may use special periodic inspections, and electronic components may use daily checks, in lieu of detection and indication systems to achieve the objective of this requirement. These other means of detecting failures before flight are considered certification maintenance requirements and must be limited to components that are not readily detectable by normal detection and indication systems, and where service history shows that inspections will provide an adequate level of safety. (2) The existence of any failure condition, not shown to be extremely improbable, during flight that could significantly affect the structural capability of the rotorcraft and for which the associated reduction in airworthiness can be minimized by suitable flight limitations, must be signaled to the flight crew. For example, failure conditions that result in a factor of safety between the rotorcraft strength and the loads of subpart C below 1.25, or flutter and divergence margins below 1.11 VNE (power on and power off), must be signaled to the crew during flight. (e) Dispatch with known failure conditions. If the rotorcraft is to be dispatched in a known system failure condition that affects structural performance, or that affects the reliability of the remaining operational portion of the system to maintain structural performance, then the provisions of these special conditions must be met, including the provisions of paragraph (b) for the dispatched condition and paragraph (c) for subsequent failures. Expected operational limitations may be taken into account in establishing Pj as the probability of failure occurrence for determining the safety margin in Figure 1. Flight limitations and expected operational limitations may be taken into account in establishing Qj as the combined probability of being in the dispatched failure condition and the subsequent failure condition for the safety margins in Figure 2. These limitations must be such that the probability of being in this combined failure state and then subsequently encountering limit load conditions is extremely improbable. No reduction in these safety margins is allowed if the subsequent system failure rate is greater than 10-3 per flight hour. Issued in Kansas City, Missouri, on August 22, 2024. Patrick R. Mullen, Manager, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service. [FR Doc. 2024-19329 Filed 8-27-24; 8:45 am] BILLING CODE 4910-13-P

usgpo

2024-10-08T13:26:18.161023

FR

FR-2024-08-28/2024-17318

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Proposed Rules] [Pages 68837-68840] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-17318] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2024-2009; Project Identifier AD-2023-01286-R] RIN 2120-AA64 Airworthiness Directives; MD Helicopters, LLC, Helicopters AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain MD Helicopters, LLC, Model 369 (Army YOH-6A), 369A (Army OH-6A), 369D, 369E, 369F, 369FF, 369H, 369HE, 369HM, 369HS, 500N, and 600N helicopters. This proposed AD was prompted by multiple reports of cracked tail rotor (T/R) pedal support brackets. This proposed AD would require repetitively inspecting certain part-numbered T/R pedal support brackets and depending on the results, replacing the T/R pedal support bracket or refinishing any exposed areas. This proposed AD would also prohibit installing certain part-numbered T/R pedal support brackets. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by October 15, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. Fax: (202) 493-2251. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA-2024-2009; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: [[Page 68838]] For MD Helicopters material identified in this AD, contact MD Helicopters, LLC, 4555 East McDowell Road, Mesa, AZ 85215-9734; phone: (480) 346-6300; email: [email protected]; website: mdhelicopters.com/contact/. You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110. FOR FURTHER INFORMATION CONTACT: Eduardo Orozco-Duran, Aviation Safety Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone: (562) 627-5264; email: [email protected]. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2024-2009; Project Identifier AD-2023-01286-R'' at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ``PROPIN.'' The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Eduardo Orozco-Duran, Aviation Safety Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone: (562) 627-5264; email: [email protected]. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA received a report of a forced emergency landing involving an MD Helicopters, LLC, Model 369D helicopter in Canada in 2022 that was caused by a cracked magnesium cast T/R pedal support bracket having part number (P/N) 369A7505-8. There have been 16 other reports of cracked magnesium cast T/R pedal support brackets having P/Ns 369A7505- 7, 369A7505-8, 369A7505-14, or 369A7505-15 discovered during maintenance in the last 30 years. Material deficiencies associated with magnesium cast parts, as well as fatigue damage and successive in- flight loading have been determined to cause the parts to fail. Additionally, magnesium cast parts are susceptible to corrosion where insufficient protective coatings have shown to wear and deteriorate. All reported failures of this part have been the magnesium cast 369A7505 configuration. The aluminum cast T/R pedal support bracket P/N 369N2640 have no reported failures but are still subject to the inspection requirements of this AD. The natural corrosion advantages of aluminum, as well as the coating requirements of its anodization offer greater mitigation of the risks of corrosion in comparison to the magnesium cast part. Although superior to the magnesium cast part, the alternate aluminum cast part could still be prone to these material deficiencies of cast parts. This proposed AD would require repetitively inspecting magnesium cast T/R pedal support brackets having P/N 369A7505-7, 369A7505-8, 369A7505-14, or 369A7505-15, and aluminum cast T/R pedal support brackets having P/N 369N2640-1 or 369N2640-2. These T/R pedal support brackets may be installed on MD Helicopters, LLC, Model 369 (Army YOH- 6A), 369A (Army OH-6A), 369D, 369E, 369F, 369FF, 369H, 369HE, 369HM, 369HS, 500N, and 600N helicopters. This proposed AD would also prohibit installing magnesium cast T/R pedal support bracket P/N 369A7505-7, 369A7505-8, 369A7505-14, or 369A7505-15 on any helicopter. This condition, if not addressed, could result in failure of the T/R pedal support bracket, reduced controllability of the helicopter, and subsequent loss of control of the helicopter. FAA's Determination The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of these same type designs. Material Incorporated by Reference Under 1 CFR Part 51 The FAA reviewed MD Helicopters Service Bulletin SB369D-231R2 for Model 369D helicopters, SB369E-131R2 for Model 369E helicopters, SB369F-122R2 for Model 369F and 369FF helicopters, SB369H-265R2 for Model 369H, 369HE, 369HM, and 369HS helicopters, SB500N-068R2 for Model 500N helicopters, and SB600N-082R2 for Model 600N helicopters, each dated November 1, 2023 (co-published as one document). For magnesium cast T/R pedal support brackets P/N 369A7505-7, 369A7505-8, 369A7505- 14, and 369A7505-15, this material specifies procedures for visually inspecting each T/R pedal support bracket for a crack and corrosion and depending on the results, replacing the bracket with an aluminum cast T/R pedal support bracket having P/N 369N2640-1 or 369N2640-2, or refinishing any exposed areas. For magnesium cast T/R pedal support brackets P/N 369A7505-7, 369A7505-8, 369A7505-14, and 369A7505-15, this material also specifies procedures for fluorescent penetrant inspecting, eddy current inspecting, or dye penetrant inspecting each T/R pedal support bracket for a crack and depending on the results, replacing the bracket with an aluminum cast T/R pedal support bracket having P/N 369N2640-1 or 369N2640-2, or refinishing any exposed areas. For the purposes of this proposed AD, MD Helicopters, LLC, Model 369 (Army YOH-6A) and 369A (Army OH-6A) helicopters would use MD Helicopters Service Bulletin SB369D-231R2, dated November 1, 2023, to accomplish certain actions required by this proposed AD. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Proposed AD Requirements in This NPRM This proposed AD would require accomplishing the actions specified in the material already described except as discussed under ``Differences Between [[Page 68839]] this Proposed AD and the Referenced Material.'' Differences Between This Proposed AD and the Referenced Material The related material applies to magnesium cast T/R pedal support brackets having P/N 369A7505-7, 369A7505-8, 369A7505-14, or 369A7505- 15, whereas this proposed AD would apply to those part-numbered magnesium cast T/R pedal support brackets and aluminum cast T/R pedal support brackets having P/N 369N2640-1 or 369N2640-2. This proposed AD would prohibit installing magnesium cast T/R pedal support brackets having P/N 369A7505-7, 369A7505-8, 369A7505-14, or 369A7505-15, whereas the related material does not. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 353 helicopters of U.S. registry. Labor rates are estimated at $85 per work-hour. Based on these numbers, the FAA estimates the following costs to comply with this proposed AD. Visually inspecting the T/R pedal support brackets (up to two T/R pedal support brackets per helicopter) would take approximately 0.5 work-hour for an estimated cost of up to $43 per helicopter and $15,179 for the U.S. fleet per inspection cycle. Non-destructive inspection of the T/R pedal support brackets would take approximately 2 work-hours for an estimated cost of up to $170 per helicopter and $60,010 for the U.S. fleet per inspection cycle. If required, replacing a T/R pedal support bracket would take approximately 8 work-hours and parts would cost approximately $2,075 for an estimated cost of $2,755 per T/R pedal support bracket. Refinishing any exposed areas could vary significantly from helicopter to helicopter. The FAA has no data to determine the costs to accomplish this action or the number of helicopters that may require this action. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: (1) Is not a ``significant regulatory action'' under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive: MD Helicopters, LLC: Docket No. FAA-2024-2009; Project Identifier AD-2023-01286-R. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by October 15, 2024. (b) Affected ADs None. (c) Applicability This AD applies to MD Helicopters, LLC, Model 369 (Army YOH-6A), 369A (Army OH-6A), 369D, 369E, 369F, 369FF, 369H, 369HE, 369HM, 369HS, 500N, and 600N helicopters, certificated in any category, with a tail rotor (T/R) pedal support bracket part number (P/N) 369A7505-7, 369A7505-8, 369A7505-14, 369A7505-15, 369N2640-1, or 369N2640-2, installed. (d) Subject Joint Aircraft System Component (JASC) Code: 6720, tail rotor control system. (e) Unsafe Condition This AD was prompted by multiple reports of cracked T/R pedal support brackets. The FAA is issuing this AD to detect a cracked T/R pedal support bracket. The unsafe condition, if not addressed, could result in failure of the T/R pedal support bracket, reduced controllability of the helicopter, and subsequent loss of control of the helicopter. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) Within 25 hours time-in-service (TIS) and thereafter at intervals not to exceed 100 hours TIS, using a 10X power magnification glass, mirror, and flashlight, visually inspect each T/R pedal support bracket for cracks and corrosion by following the Accomplishment Instructions, paragraph 2.A.(2)., of MD Helicopters Service Bulletin SB369D-231R2, SB369E-131R2, SB369F-122R2, SB369H- 265R2, SB500N-068R2, or SB600N-082R2, each dated November 1, 2023 (collectively referred to as ``the service bulletins''), as applicable to your helicopter model; you may use a borescope as specified in the note in paragraph 2.A.(2) of the service bulletins. For the purposes of this AD, for MD Helicopters, LLC, Model 369 (Army YOH-6A) and 369A (Army OH-6A) helicopters, use MD Helicopters Service Bulletin SB369D-231R2, dated November 1, 2023, to accomplish the actions required by this AD. (i) If there is a crack or any corrosion as a result of the inspections required by the introductory text of paragraph (g)(1) of this AD, before further flight, remove the T/R pedal support bracket from service and replace it with an airworthy T/R pedal support bracket P/N 369N2640-1 or 369N2640-2. (ii) If there is not a crack and there is no corrosion as a result of the inspections required by the introductory text of paragraph (g)(1) of this AD, before further flight, refinish any exposed areas. (2) Within 50 hours TIS and thereafter at intervals not to exceed 300 hours TIS, eddy current, dye penetrant, or fluorescent penetrant inspect each T/R pedal support bracket for a crack by following the Accomplishment Instructions, paragraph 2.B.(2)., of the service bulletins, as applicable to your helicopter model. The inspections required by this paragraph must be performed by a Level II or Level III inspector certified in the FAA-acceptable standards for nondestructive inspection personnel. Note 1 to the introductory text of paragraph (g)(2): Advisory Circular 65-31B contains examples of FAA-acceptable Level II and Level III qualification standards criteria [[Page 68840]] for inspection personnel doing nondestructive test inspections. (i) If there is a crack as a result of the actions required by the introductory text of paragraph (g)(2) of this AD, before further flight, remove the T/R pedal support bracket from service and replace it with an airworthy T/R pedal support bracket P/N 369N2640- 1 or 369N2640-2. (ii) If there is not a crack as a result of the actions required by the introductory text of paragraph (g)(2) of this AD, before further flight, refinish any exposed areas. (3) As of the effective date of this AD, do not install magnesium cast T/R pedal support bracket P/N 369A7505-7, 369A7505-8, 369A7505-14, or 369A7505-15 on any helicopter. (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, Western Certification Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the Western Certification Branch, send it to the attention of the person identified in paragraph (i) of this AD. Information may be emailed to [email protected]. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (i) Additional Information (1) For more information about this AD, contact Eduardo Orozco- Duran, Aviation Safety Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone: (562) 627-5264; email: [email protected]. (2) For advisory circular material identified in this AD that is not incorporated by reference, go to faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1023552. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) MD Helicopters Service Bulletin SB369D-231R2, dated November 1, 2023. (ii) MD Helicopters Service Bulletin SB369E-131R2, dated November 1, 2023. (iii) MD Helicopters Service Bulletin SB369F-122R2, dated November 1, 2023. (iv) MD Helicopters Service Bulletin SB369H-265R2, dated November 1, 2023. (v) MD Helicopters Service Bulletin SB500N-068R2, dated November 1, 2023. (vi) MD Helicopters Service Bulletin SB600N-082R2, dated November 1, 2023. Note 2 to paragraph (j)(2): The service bulletins identified in paragraphs (j)(2)(i) through (vi) of this AD are co-published as one document. (3) For MD Helicopters material identified in this AD, contact MD Helicopters, LLC, 4555 East McDowell Road, Mesa, AZ 85215-9734; phone: (480) 346-6300; email: [email protected]; website: mdhelicopters.com/contact/. (4) You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N- 321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. Issued on July 31, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024-17318 Filed 8-27-24; 8:45 am] BILLING CODE 4910-13-P

usgpo

2024-10-08T13:26:18.277117

FR

FR-2024-08-28/2024-19297

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Proposed Rules] [Pages 68840-68843] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19297] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2024-2133; Project Identifier MCAI-2024-00243-T] RIN 2120-AA64 Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.; Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER)) Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for all Embraer S.A. Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145EP, -145ER, -145LR, -145MP, -145MR, and -145XR airplanes. This proposed AD was prompted by a structural assessment that indicated certain central fuselage longitudinal splices are subjected to fatigue damage on multiple sites due to loose fasteners, which may reduce the structural residual strength below the required levels. This proposed AD would require performing repetitive inspections of certain upper central fuselage longitudinal splices and reporting the inspection results, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also require performing corrective actions if necessary. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by October 15, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. Fax: 202-493-2251. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA-2024-2133; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: For ANAC material identified in this proposed AD, contact National Civil Aviation Agency (ANAC), Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230-- Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this material on the ANAC website at sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206-231-3653; email: [email protected]. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed [[Page 68841]] under the ADDRESSES section. Include ``Docket No. FAA-2024-2133; Project Identifier MCAI-2024-00243-T'' at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ``PROPIN.'' The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206-231-3653; email: [email protected]. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background ANAC, which is the aviation authority for Brazil, has issued ANAC AD 2024-04-03R01, effective May 31, 2024 (ANAC AD 2024-04-03R01) (also referred to as the MCAI), to correct an unsafe condition for all Embraer S.A. Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145EP, -145ER, -145EU, -145LR, -145LU, -145MK, -145MP, -145MR, and -145XR airplanes. Model EMB-145EU, -145LU, and -145MK airplanes are not certificated by the FAA and are not included on the U.S. type certificate data sheet; this proposed AD therefore does not include those airplanes in the applicability. The MCAI states that a structural assessment indicated that certain central fuselage longitudinal splices are subjected to fatigue damage on multiple sites due to working (i.e., loose) fasteners, which could reduce structural residual strength below the required levels. This fatigue damage may be undetected by current maintenance tasks and could result in reduced structural integrity of the airplane. The FAA is proposing this AD to address the unsafe condition on these products. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2024-2133. Material Incorporated by Reference Under 1 CFR Part 51 ANAC AD 2024-04-03R01 specifies an initial and repetitive external detailed inspection of the upper central fuselage II, III, and IV longitudinal splices to identify loose fasteners, contacting the manufacturer if any discrepancy is found, and reporting the inspection results. Discrepancies include loose fasteners, missing rivets, and any crack, crease, bend, nick, scratch, gouge, dent, abrasion, or structural deformation found in the skin attachments or fasteners. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA's Determination This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements in This NPRM This proposed AD would require accomplishing the actions specified in ANAC AD 2024-04-03R01 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD. Explanation of Required Compliance Information In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate ANAC AD 2024-04-03R01 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with ANAC AD 2024-04-03R01 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Material required by ANAC AD 2024-04-03R01 for compliance will be available at regulations.gov under Docket No. FAA-2024-2133 after the FAA final rule is published. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 309 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: Estimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- Labor cost Parts cost Cost per product Cost on U.S. operators ---------------------------------------------------------------------------------------------------------------- 4 work-hours x $85 per hour = $340 per $0 $340 per inspection cycle. $105,060 per inspection inspection cycle. cycle. ---------------------------------------------------------------------------------------------------------------- The FAA has received no definitive data on which to base the cost estimates for the corrective actions specified in this proposed AD. Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to [[Page 68842]] respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to take approximately 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: (1) Is not a ``significant regulatory action'' under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive: Embraer S.A. (Type Certificate Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.; Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER)): Docket No. FAA- 2024-2133; Project Identifier MCAI-2024-00243-T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by October 15, 2024. (b) Affected ADs None. (c) Applicability This AD applies to all Embraer S.A. (Type Certificate previously held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.; Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER)) airplanes specified in paragraphs (c)(1) and (2) of this AD, certificated in any category. (1) Model EMB-135ER, -135KE, -135KL, and -135LR airplanes. (2) Model EMB-145, -145EP, -145ER, -145LR, -145MP, -145MR, and - 145XR airplanes. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by a structural assessment that indicated certain central fuselage longitudinal splices are subjected to fatigue damage on multiple sites due to loose fasteners, which may reduce the structural residual strength below the required levels. The FAA is issuing this AD to address undetected fatigue damage on certain central fuselage longitudinal splices. The unsafe condition, if not addressed, could result in reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 2024-04-03R01, effective May 31, 2024 (ANAC AD 2024- 04-03R01). (h) Exceptions to ANAC AD 2024-04-03R01 (1) Where ANAC AD 2024-04-03R01 refers to its effective date, this AD requires using the effective date of this AD. (2) Where paragraphs (b)(1) and (2) of ANAC AD 2024-04-03R01 specify the initial compliance time for the external detailed inspection, for this AD, the initial compliance time for doing the external detailed inspection is prior to the accumulation of 44,000 total flight cycles, or within 500 flight cycles after the effective date of this AD, whichever occurs later. (3) Where paragraph (b)(3) of ANAC AD 2024-04-03R01 specifies ``If any discrepancies are found, contact Embraer,'' this AD requires replacing that text with ``If any cracking is detected during an inspection required by paragraph (g) of this AD, repair the discrepancy (including cracking) before further flight using a method approved by the Manager, International Validation Branch, FAA; or ANAC; or Embraer's ANAC Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.'' (4) Paragraph (d) of ANAC AD 2024-04-03R01 specifies to report inspection results to ANAC and Embraer within a certain compliance time. For this AD, report inspection results after each inspection required by paragraph (g) of this AD at the applicable times specified in paragraph (h)(4)(i) or (ii) of this AD. (i) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection. (ii) If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. (5) This AD does not adopt paragraph (e) of ANAC AD 2024-04- 03R01. (i) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any [[Page 68843]] approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If approved by the ANAC Designee, the approval must include the Designee's authorized signature. (j) Additional Information For more information about this AD, contact Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206-231-3653; email: [email protected]. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 2024-04-03R01, effective May 31, 2024. (ii) [Reserved] (3) For ANAC material identified in this AD, contact ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD on the ANAC website at sistemas.anac.gov.br/certificacao/DA/ DAE.asp. (4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. Issued on August 22, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024-19297 Filed 8-27-24; 8:45 am] BILLING CODE 4910-13-P

usgpo

2024-10-08T13:26:18.331677

FR

FR-2024-08-28/2024-19379

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Proposed Rules] [Pages 68843-68845] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19379] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2024-0205] RIN 1625-AA11 Regulated Navigation Area; Port of Miami, Miami, FL AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is proposing to establish a regulated navigation area for certain waters surrounding the Port of Miami. This action is necessary to provide for the safety of life and promote national security by enhancing the protection of increased high-risk vessel traffic and reducing the navigational hazards of the mariners who operate throughout the port. This rulemaking would establish a slow speed zone throughout Fisherman's Channel and the Main Ship Channel for vessels less than 50 meters in length. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before September 27, 2024. ADDRESSES: You may submit comments identified by docket number USCG- 2024-0205 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email LT Stephanie Miranda, District 7 Dpw, U.S. Coast Guard; telephone (571) 610-4432, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register LNG Liquified Natural Gas NAVCEN Coast Guard Navigation Center NPRM Notice of proposed rulemaking PAWSA Port and Waterways Safety Assessment RNA Regulated Navigation Area Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Captain of the Port (COTP) Miami has determined that there has been an increase in navigational risk associated to the Port of Miami as the port continues to expand and vessel traffic increase. On May 10th and 11th of 2023, Coast Guard Navigation Center (NAVCEN) and Sector Miami held a Ports and Waterways Safety Assessment (PAWSA) with key stakeholders of the Port of Miami. As a result, the workshop identified hazards associated to the port with the largest concern for navigational safety being the high speed of vessels and wake created by increased vessel traffic. Over the last few years, a growing number of near misses prompts concern for the safety of life as vessel traffic volume and vessel speeds have increased. On June 25, 2023, around 3:30 a.m. a recreational vessel, traveling at a high rate of speed through the Main ship channel, collided with a crossing vehicle ferry, killing one and seriously injuring a second. The incident not only resulted in the loss of life but in the disruption of 30,000 cruise ship passengers and critical cargo movements in the Port of Miami for over 12 hours. Additionally, on February 12, 2024 a recreational vessel collied with an inspected charter vessel in a critical point of Fisherman's Channel. This incident resulted in 13 injuries with one person in critical condition. This regulated navigation area will reduce the navigational risk associated with one of the world's largest ports, reduce the loss of life, and mitigate the chance of disruption to port operations. In addition, the Port of Miami is expanding its cruise ship terminals and will soon be the largest cruise ship port in the World, moving tens of thousands of passengers every day. With this, the Port of Miami also experienced an increase in Liquified National Gas (LNG) powered cruise ships and cargo vessels resulting in an increase of hazardous bunkering operations within the port. The existing national security risk associated with the Port of Miami is already high and this expansion only increased that risk. The establishment of an RNA reducing the speed of vessels will aid law enforcement officials in monitoring vessel traffic, as vessels not complying with slow speed zones will quickly draw attention, giving law enforcement officials more time to assess the situation and take appropriate action to protect vessels within the port and port facilities. This rulemaking would establish a slow speed restriction on vessels less than 50 meters within the Port of [[Page 68844]] Miami. The purpose of this rulemaking is protecting the public, port, law enforcement officials and the waterways of the United States from potential subversive acts and navigational hazards associated with the high vessel traffic volume experienced within the Port of Miami. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034. III. Discussion of Proposed Rule The Coast Guard's is proposing to establish a permanent regulated navigation area that would require vessels 50 meters or less to transit the regulated area at a slow speed that creates minimum wake to reduce damage and the navigational hazards associated with the Port of Miami shipping channels around Dodge Island. This regulated navigation area covers the waters of Fisherman's Channel, the Main ship channel, and Moley channel surrounding Dodge Island and Biscayne Bay Causeway Island. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This NPRM has not been designated a ``significant regulatory action,'' under section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size and location of the regulated navigation area. The regulated navigation area will only affect vessels entering and passing within the Main ship channel, Fisherman's channel and Meloy channel. Vessels may continue to operate within the regulated navigation area with the only restriction being the requirement to operate at slow speeds and not create an excessive wake. Moreover, upon activating the regulated navigation area, the Coast Guard will notify the local maritime community through various means including, Local Notice to Mariners and Broadcast Notice to Mariners issued on VHF-FM marine radio channel 16. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated navigation area may be small entities, for the reasons stated in section IV. A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rulemaking would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132 (Federalism), if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have Tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the potential effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a regulated navigation area requiring vessels 50 meters or less to transit the regulated area at a slow speed that creates minimum wake. Normally such actions are categorically excluded from further review under paragraph L[60a] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. We seek any comments or information that may lead to the discovery of a [[Page 68845]] significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. Submitting comments. We encourage you to submit comments through the Federal Decision-Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2024-0205 in the search box and click ``Search.'' Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this proposed rule for alternate instructions. Viewing material in docket. To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select ``Supporting & Related Material'' in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. Also, if you click on the Dockets tab and then the proposed rule, you should see a ``Subscribe'' option for email alerts. The option will notify you when comments are posted, or a final rule is published. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. Personal information. We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have provided. For more about privacy and submissions to the docket in response to this document, see DHS's eRulemaking System of Records notice (85 FR 14226, March 11, 2020). List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04- 1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. 0 2. Add Sec. 165.792 to read as follows: Sec. 165.792 Regulated navigation area; Port of Miami, Miami, Florida. (a) Location. The following area is a regulated navigation area (RNA): All waters of the Port of Miami, from Fisherman's Channel Daybeacon 16 at 25[deg]46.40' N, 080[deg]10.84' W proceeding southeasterly through Fisherman's Channel south of Dodge Island to Miami Main Channel Light 15 at 25[deg]45.86' N, 080[deg]08.24' W in Government Cut, thence northwesterly through the Main ship channel north of Dodge Island to Biscayne Bay Light 50 at 25[deg]46.90' N, 080[deg]10.88' W. Additionally, the Meloy channel from Miami Main Channel Lighted Buoy 16 at 25[deg]46.04' N, 080[deg]08.41' W proceeding northwesterly to the MacArthur Causeway bridge. (b) Definitions. As used in this section, slow speed means the speed at which a vessel proceeds when it is fully off plane, completely settled in the water and not creating excessive wake. Due to the different speeds at which vessels of different sizes and configurations may travel while in compliance with this definition, no specific speed is assigned to slow speed. A vessel is not proceeding at slow speed if it is: (1) On plane; (2) In the process of coming up on or coming off plane; or (3) Creating an excessive wake. (c) Regulations. Vessels less than 50 meters entering and transiting through the regulated navigation area shall proceed at a slow speed. Nothing in this section alleviates vessels or operators from complying with all State and local laws in the area including manatee slow speed zones. Nor should anything in this section be construed as conflicting with the requirement to operate at safe speed under the Inland Navigation Rules, (33 CFR chapter I, subchapter E). (d) Enforcement. The Coast Guard may be assisted in the patrol and enforcement of the Regulated Navigation Area by other Federal, State, and local agencies. Dated: August 17, 2024. Douglas M. Schofield, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2024-19379 Filed 8-27-24; 8:45 am] BILLING CODE 9110-04-P

usgpo

2024-10-08T13:26:18.600942

FR

FR-2024-08-28/2024-19349

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Proposed Rules] [Pages 68845-68847] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19349] ======================================================================= ----------------------------------------------------------------------- CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 45 CFR Part 2522 RIN 3045-AA84 AmeriCorps State and National Updates AGENCY: Corporation for National and Community Service. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Corporation for National and Community Service (operating as AmeriCorps) is requesting public comment on a proposal to revise AmeriCorps State and National program regulations on the number of terms for which AmeriCorps will fund living allowances and other benefits for members. The proposal would provide that AmeriCorps funding may be used for living allowances and other benefits for members for as long as it takes the members to either earn the aggregate value of two Segal Education Awards or four terms, whichever is longer. DATES: Written comments must be submitted by September 27, 2024. ADDRESSES: Please send your comments electronically through the Federal government's one-stop rulemaking website at www.regulations.gov. Alternatively, you may send your comments to Elizabeth Appel, Associate General Counsel, at [email protected] or by mail to AmeriCorps (ATTN: Elizabeth Appel), 250 E Street SW, Washington, DC 20525. FOR FURTHER INFORMATION CONTACT: Jennifer Bastress Tahmasebi, Deputy Director, AmeriCorps State and National at [email protected], (202) 606-6667; or Elizabeth Appel, Associate General Counsel, at [email protected], (202) 967-5070. SUPPLEMENTARY INFORMATION: I. Overview of Proposed Rule (Sec. 2522.235) [[Page 68846]] II. Regulatory Analyses A. Executive Orders 12866 and 13563 B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act of 1995 D. Paperwork Reduction Act E. Executive Order 13132, Federalism F. Takings (Executive Order 12630) G. Civil Justice Reform (Executive Order 12988) H. Consultation With Indian Tribes (Executive Order 13175) I. Clarity of This Regulation I. Overview of Proposed Rule (Sec. 2522.235) AmeriCorps recently revised AmeriCorps State and National program regulations to, among other changes, remove the four-term limit on AmeriCorps State and National members' service. See 89 FR 46024 (May 28, 2024). That revision, which becomes effective October 1, 2024, allows members to serve as many terms as necessary to earn the value of two full-time education awards,\1\ regardless of whether those terms are served on a full-time, part-time, or reduced part-time basis. To align with the existing limit to education awards funded by AmeriCorps, that final rule also clarified that AmeriCorps will fund benefits (e.g., living allowance, financial benefits during an extended term of disaster-related service, childcare, and health care) only up to the number of terms needed to attain those education awards. --------------------------------------------------------------------------- \1\ Separate regulations at 45 CFR 2525.50 limit participants to receiving no more than the value of two full-time education awards. --------------------------------------------------------------------------- Full-time, part-time, and reduced part-time terms of service have different hour requirements and accordingly each take a different number of terms to reach the aggregate value of the two full-time education awards. See 45 CFR 2522.220. For example, a member serving a full-time term of service earns the value of one education award with each term of service, so full-time ASN members earn the aggregate value of two full-time education awards in two terms (which equates to two years for full-time members) A member serving a reduced part-time term of service earns 39 percent of the value of one education award (see 45 CFR 2525.100(b)), so reduced part-time ASN members earn the aggregate value of two full-time education awards in about five terms (which equates to five or more years for reduced part-time members). Since publication of the final rule, several members of the public have contacted AmeriCorps to point out the negative effect this will have on grantees for whom members typically serve four full-time terms. With the prior four-term limit, those members could earn the aggregate value of two full-time education awards in two years and continue serving two more years to reach the four-term limit of receiving AmeriCorps living allowance and benefits. Under the final rule, those full-time members can no longer continue to serve (receiving AmeriCorps living allowance and benefits) those two years beyond the initial two years it took to earn the aggregate value of two full-time education awards. The members of the public noted a particularly negative effect on grantees in remote and rural locations who have a smaller pool of individuals willing to serve. These grantees rely on the willingness of their AmeriCorps members to serve full-time for four years. Based on this input, AmeriCorps is proposing to add flexibility to the rule so that grantees and members who rely on the current state of being able to receive AmeriCorps funding for living allowances and benefits for up to four terms would continue to be able to receive that funding for four terms. The proposal also retains the final rule provision that allows AmeriCorps funding for the number of terms it takes to earn the aggregate value of two full-time education awards. Thus, members who serve less than full-time will continue to be funded for however many terms it takes to earn the aggregate value of two education awards. The proposed change, which appears at Sec. 2522.235, would provide that AmeriCorps will fund living allowances and other benefits only for the number of terms needed to attain the aggregate value of two full- time education awards or for four terms, whichever term duration is longer. Programs may continue to fund benefits from non-AmeriCorps resources, if they choose, for members who serve beyond that time. These term limits only apply to AmeriCorps State and National terms. AmeriCorps is seeking comment on this proposal for a period of 30 days, which is shorter than the usual 60 days provided, because if this rulemaking is finalized, it will relieve a burden and may take effect on October 1, 2024, the same effective date as the other regulatory changes that were finalized in the May 28, 2024, rule. II. Regulatory Analyses A. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Information and Regulatory Affairs in the Office of Management and Budget has determined that this proposed rule is not a significant regulatory action. B. Regulatory Flexibility Act As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), AmeriCorps certifies that this rulemaking, if adopted, will not have a significant economic impact on a substantial number of small entities. Most AmeriCorps State and National grantees are State Commissions and organizations that do not meet the definition of a small entity. Therefore, AmeriCorps has not performed the initial regulatory flexibility analysis that is required under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) for rules that are expected to have such results. C. Unfunded Mandates Reform Act of 1995 For purposes of title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this regulatory action does not contain any Federal mandate that may result in increased expenditures in Federal, State, local, or Tribal Governments in the aggregate, or impose an annual burden exceeding $100 million on the private sector. D. Paperwork Reduction Act Under the PRA, an agency may not conduct or sponsor a collection of information unless the collections of information display valid control numbers. This proposed rule does not include any information collection. E. Executive Order 13132, Federalism Executive Order 13132, Federalism, prohibits an agency from publishing any rule that has federalism implications if the rule imposes substantial direct compliance costs on State and local Governments and is not required by statute, or the rule preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive order. This rulemaking does not have any federalism implications, as described above. [[Page 68847]] F. Takings (Executive Order 12630) This proposed rule does not affect a taking of private property or otherwise have taking implications under Executive Order 12630 because this proposed rule does not affect individual property rights protected by the Fifth Amendment or involve a compensable ``taking.'' A takings implication assessment is not required. G. Civil Justice Reform (Executive Order 12988) This proposed rule complies with the requirements of Executive Order 12988. Specifically, this rulemaking: (a) meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. H. Consultation With Indian Tribes (Executive Order 13175) AmeriCorps recognizes the inherent sovereignty of Indian tribes and their right to self-governance. We have evaluated this rulemaking under our consultation policy and the criteria in Executive Order 13175 and determined that this proposed rule does not impose substantial direct effects on federally recognized Tribes. I. Clarity of This Regulation We are required by Executive Orders 12866 (section 1(b)(12)), and 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each proposed rule we publish must: (a) be logically organized; (b) use the active voice to address readers directly; (c) use clear language rather than jargon; (d) be divided into short sections and sentences; and (e) use lists and tables wherever possible. If you feel that we have not met these requirements, please send us comments by one of the methods listed in the ADDRESSES section. To help us revise the rule, your comments should be as specific as possible. List of Subjects in 45 CFR Part 2522 Grant programs--social programs, Reporting and recordkeeping requirements, Volunteers. For the reasons stated in the preamble, under the authority of 42 U.S.C. 12651c(c), the Corporation for National and Community Service proposes to amend chapter XXV, title 45 of the Code of Federal Regulations as follows: PART 2522--AMERICORPS PARTICIPANTS, PROGRAMS, AND APPLICANTS 0 1. The authority for part 2522 continues to read as follows: Authority: 42 U.S.C. 12571-12595; 12651b-12651d; E.O. 13331, 69 FR 9911, Sec. 1612, Pub. L. 111-13. 0 2. Revise Sec. 2522.235 to read as follows: Sec. 2522.235 Is there a limit on the number of terms an individual may serve in an AmeriCorps State and National program? The number of terms an individual may serve in an AmeriCorps State and National program is not limited, but the limitations in paragraphs (a) and (b) of this section apply. (a) An individual may attain only the aggregate value of two full- time education awards. (b) AmeriCorps will fund the benefits described in Sec. Sec. 2522.240 through 2522.250 only for the number of terms needed to attain the aggregate value of two full-time education awards or for four terms, whichever is longer. Grantees may choose to fund benefits for any additional terms. Andrea Grill, Acting General Counsel. [FR Doc. 2024-19349 Filed 8-27-24; 8:45 am] BILLING CODE 6050-28-P

usgpo

2024-10-08T13:26:18.735959

FR

FR-2024-08-28/2024-19089

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Proposed Rules] [Pages 68847-68848] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19089] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Part 401 [Docket No. USCG-2024-0406] RIN 1625-AC94 Great Lakes Pilotage Rates--2025 Annual Review AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking; extension of the comment period. ----------------------------------------------------------------------- SUMMARY: In accordance with the statutory provisions enacted by the Great Lakes Pilotage Act of 1960, on August 5, 2024, the Coast Guard published a notice of proposed rulemaking the Coast Guard is proposing new pilotage rates for 2025. The Coast Guard is extending the comment period of the Great Lakes Pilotage Rates--2025 Annual Review notice of proposed rulemaking for 15 days. The extension is intended to keep the comment window open until after the Great Lakes Pilotage Advisory Committee meeting on September 6, 2024. Participation in this meeting will allow stakeholders to better understand the issues at play and to submit more informed public comments. DATES: The comment period for the notice of proposed rulemaking published on August 5, 2024, 89 FR 63334, is extended. Comments and related material must be received by the Coast Guard on or before September 25, 2024. ADDRESSES: You may submit comments identified by docket number USCG- 2024-0406 using the Federal Decision Making Portal at www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: For information about this document, call or email Mr. Brian Rogers, Commandant, Office of Waterways and Ocean Policy--Great Lakes Pilotage Division (CG-WWM-2), Coast Guard; telephone 410-360-9260, email [email protected]. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments The U.S. Coast Guard views public participation as essential to establishing equitable pilotage rates in the Great Lakes. The Coast Guard will consider all information and material received during the comment period. If you submit a comment, please include the docket number for this request for information, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. Methods for submitting comments. We encourage you to submit comments through the Federal Decision-Making Portal at www.regulations.gov. To do so, go to www.regulations.gov, type USCG- 2024-0406 in the search box, and click ``Search.'' Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If your material cannot be submitted using www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Viewing material in docket. To view documents mentioned in this document as being available in the docket, find the docket as described in the previous paragraph, and then select ``Supporting & Related Material'' in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the https://www.regulations.gov [[Page 68848]] Frequently Asked Questions web page. We review all comments received, but we may choose not to post off-topic, inappropriate, or duplicate comments that we receive. Personal information. We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS's eRulemaking System of Records notice (85 FR 14226, March 11, 2020). Background and Discussion The proposed rule was published on August 5, 2024, with a comment period that ended on September 4, 2024 (89 FR 63334). In the rule, the Coast Guard proposed new pilotage rates for the 2025 season. On September 6, 2024, the Great Lakes Pilotage Advisory Committee (GLPAC) will meet in Massena, New York, to discuss matters relating to Great Lakes Pilotage, including review of proposed Great Lakes Pilotage regulations and policies. The meeting is open to the public (89 FR 60440). In order to allow interested parties to participate in the GLPAC meeting before drafting and submitting their public comments, the Coast Guard is extending the comment period 15 business days. The new comment period now closes on September 25, 2024. This document is issued under the authority of 46 U.S.C. 70124. Dated: August 20, 2024. W.R. Arguin, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention Policy. [FR Doc. 2024-19089 Filed 8-27-24; 8:45 am] BILLING CODE 9110-04-P

usgpo

2024-10-08T13:26:18.762846

FR

FR-2024-08-28/2024-19314

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Page 68849] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19314] ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Notices [[Page 68849]] AGENCY FOR INTERNATIONAL DEVELOPMENT Proposed Revision of AID 114-2 Anti-Harassment Intake Summary Sheet AGENCY: Agency for International Development. ACTION: Notice of information collection; request for comment. ----------------------------------------------------------------------- SUMMARY: The United States Agency for International Development (USAID), in accordance with the Paperwork Reduction Act (PRA) of 1995, as amended, invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment on the AID 114-2 Anti- Harassment Program Intake Summary Sheet, prior to the submission of the information collection request (ICR) to OMB for approval. DATES: All comments should be submitted within 60 calendar days from the date of this publication. ADDRESSES: Interested persons are invited to submit written comments by email to [email protected]. Please reference the AID 114-2 Anti-Harassment Program Intake Summary Sheet in the subject line of your comments. All comments received are part of the public record. No comments will be posted to https://www.regulations.gov for public viewing until after the comment period has closed. Comments will generally be posted without change. All Personally Identifiable Information (for example, name and address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. You may submit attachments to electronic comments in Microsoft Word, Excel, or Adobe PDF file formats. FOR FURTHER INFORMATION CONTACT: 9Tanya Shorter, Lead Anti-Harassment Program Specialist, USAID, Office of Civil Rights, telephone 771-202- 3478 or email at [email protected]. SUPPLEMENTARY INFORMATION: The purpose of the AID 114-2 form is to document basic information regarding allegations of harassment to include the following: Information about involved individuals, including the individual alleged to be harassed, the alleged harasser, and witnesses or others with knowledge of the incident(s): (1) full name, (2) contact information, (3) position title, (4) hiring mechanism, and (5) office/work location; (6) Description of the alleged harassment, including the date(s) the alleged harassment occurred and whether the alleged harassment is alleged to be based on a protected EEO category (race, color, national origin, sex (including pregnancy, gender identity, sexual orientation, or transgender status), age (40 or older), religion, genetic information (including family medical history), physical or mental disability, or retaliation); (7) Whether the supervisor and/or other management official took any steps in response to the alleged harassment; and (8) Any other useful, preliminary information. Type of Information Collection: AID 114-2 Anti-Harassment Program Intake Summary Sheet. Type of Request: Notice for public comment. Originating Office: USAID's Office of Civil Rights. Respondents: General public and other federal agencies. Respondent's obligation to respond: Voluntary. Estimated number of respondents: 400. Average time per response: 15 minutes for respondents. Frequency of response: Once. Total estimated burden: 100. Total estimated burden cost: None. We are soliciting general public and other federal agencies comments to permit USAID to: Evaluate whether the proposed information collection is necessary for the proper functions of USAID. Enhance the quality, utility, and clarity of the information to be collected. Minimize the reporting burden on those who are to respond. Stephen Shih, Director, Office of Civil Rights, U.S. Agency for International Development. [FR Doc. 2024-19314 Filed 8-27-24; 8:45 am] BILLING CODE 6116-01-P

usgpo

2024-10-08T13:26:18.797707

FR

FR-2024-08-28/2024-19342

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68849-68850] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19342] ----------------------------------------------------------------------- AGENCY FOR INTERNATIONAL DEVELOPMENT 60-Day Notice of Proposed Information Collection--USAID Acquisition Regulation AGENCY: Agency for International Development. ACTION: Notice of proposed information collection. ----------------------------------------------------------------------- SUMMARY: The U.S. Agency for International Development (USAID) seeks Office of Management and Budget (OMB) approval to continue the information collection described below. In accordance with the Paperwork Reduction Act of 1995, USAID requests public comment on this collection from all interested individuals and organizations. DATES: Submit comments on or before October 28, 2024. ADDRESSES: You may submit comments through the Federal eRulemaking Portal at https://www.regulations.gov by following the instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Ms. Nicole Thompson, at (202)286-4696 or via email at [email protected]. SUPPLEMENTARY INFORMATION: Instructions All comments must be in writing and submitted through the method(s) specified in the ADDRESSES section above. All submissions must include the information collection title(s). Please include your name, title, organization, telephone number, and email address in the text of the message. Please note that comments submitted in response to this Notice are public record. We recommend that you do not submit detailed personal information, Confidential Business Information, or any information that is otherwise protected from disclosure by statute. [[Page 68850]] Purpose The U.S. Agency for International Development (USAID) is authorized to make contracts with any corporation, international organization, or other body of persons in or outside of the United States in furtherance of the purposes and within limitations of the Foreign Assistance Act (FAA). As part of this authority, USAID requests certain information from contractors using contract clauses in the USAID Acquisition Regulation (AIDAR). USAID has an existing Information Collection under OMB No: OMB 0412-0520. This information collection includes the following offeror or contractor reporting requirements, identified by the AIDAR section number, as specified in the AIDAR 701.106: 752.219-8, 752.245-70, 752.245-71(c)(2), 752.247-70(c), 752.7001, 752.7002(j), 752.7003, 752.7004 and 752.7032. Other information collection requirements under the AIDAR exist under separate OMB approvals. The pre-award requirements are based on a need for prudent management in the determination that an offeror either has or can obtain the ability to competently manage development assistance programs using public funds. The requirements for information collection during the post-award period are based on the need to prudently administer public funds. USAID most recently renewed this approval effective July 15, 2021 (86 FR 31693). This current renewal makes no revisions to existing clauses or underlying forms and updates burden estimates. Comments are requested concerning: (a) Whether the collections of information are necessary for the proper performance of the functions of the Agency, including whether the information shall have practical utility; (b) the accuracy of the burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including through the use of automated collection techniques or other forms of information technology. USAID will only address comments that explain why the proposed collection would be inappropriate, ineffective, or unacceptable without a change. Comments that are insubstantial or outside the scope of the notice of request for public comment may not be considered. Overview of Information Collections OMB No: 0412-0520. Form: AID 1420-17, Contractor Employee Biographical Data Sheet (AIDAR 752.7001). Title of Information Collection: USAID Acquisition Regulation (AIDAR 701.106). Type of Review: Extension, without change, of a currently approved collection. Respondents: USAID contractors. Estimated Number of Annual Responses: 75,010. Estimated Number of Annual Burden Hours: 97,208. USAID estimates that approximately 11,052 respondents will submit 75,010 submissions per year across each of the items covered in this information collection. The amount of time estimated to complete each response varies by item. Jami J. Rodgers, Senior Procurement Executive. [FR Doc. 2024-19342 Filed 8-27-24; 8:45 am] BILLING CODE 6116-01-P

usgpo

2024-10-08T13:26:18.917210

FR

FR-2024-08-28/2024-19357

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68850-68851] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19357] ----------------------------------------------------------------------- AGENCY FOR INTERNATIONAL DEVELOPMENT Request for Information (RFI) Regarding Sanctions and USAID Programs AGENCY: Agency for International Development. ACTION: Notice of request for information. ----------------------------------------------------------------------- SUMMARY: The U.S. Agency for International Development (USAID) is considering updating its sanctions-related provisions and contract clauses for assistance and acquisition awards. A primary factor under review is whether to expand reporting requirements to enhance USAID's monitoring of recipients' and contractors' activities involving sanctioned jurisdictions or sanctioned individuals and entities subject to the sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). This reporting would facilitate the assessment of whether the U.S. Government is ensuring the efficient delivery of humanitarian and development assistance internationally to the most vulnerable people, while achieving U.S. national security objectives by minimizing benefits to sanctioned individuals and entities. This RFI supports this effort by soliciting feedback from the general public, which will be considered during the process of analyzing whether changes are required, as well as any subsequent drafting of new or revised award terms. DATES: Interested persons and organizations are invited to submit comments October 28, 2024. FOR FURTHER INFORMATION CONTACT: Jasen Andersen, USAID/M/OAA/P, 202- 286-3116, or [email protected] for clarification of content or information pertaining to this RFI. All communications regarding this notice must cite the docket number. Instructions: Comments regarding this RFI must be submitted via the Federal eRulemaking Portal at https://www.regulations.gov. Response to this RFI is voluntary. Any information obtained from this RFI is intended to be used by USAID on a non-attribution basis for drafting updated award provisions and contract clauses. USAID will not respond to individual submissions or provide any responses to comments received. SUPPLEMENTARY INFORMATION: A. Background The U.S. Government has taken steps, in line with its foreign policy and national security goals, to modernize and adapt its sanctions policy and operational framework and to ensure that economic sanctions do not impede the delivery of critical humanitarian and development assistance. The Department of the Treasury's sanctions review process highlighted the need to mitigate unintended humanitarian impacts of sanctions, particularly related to the provision of life- saving and other humanitarian or development assistance to civilian populations in sanctioned jurisdictions, as well as those living under sanctioned group influence or control or alongside sanctioned individuals in nondifferentiable populations. Recognizing that sanctioned individuals and entities may attempt to access humanitarian and development assistance as a means to advance or support their own interests, the U.S. Government has also taken steps to ensure that it continues to deny benefits to sanctioned individuals and entities, while supporting the delivery of legitimate humanitarian assistance. On December 9, 2022, the United Nations Security Council (UNSC) adopted Resolution No. 2664 to carve out certain humanitarian-related activities from UNSC asset freeze sanctions regimes, thereby allowing the flow of funds, financial assets, economic resources, and goods/ services to ensure timely delivery of humanitarian aid or support activities that support basic human needs (UNSCR 2664). On December 21, 2022, OFAC made corresponding amendments to its regulations in multiple sanctions programs to facilitate humanitarian-related activities and certain development assistance by adding, [[Page 68851]] amending, or updating general licenses (GLs) authorizing the official business of the U.S. Government and the official business of certain international organizations and entities (87 FR 78470). OFAC's GLs can be found in Subpart E of each sanctions program in 31 CFR subtitle B, chapter V or on OFAC's website. The U.S. Government, including USAID and its interagency partners, continue to monitor and assess whether and to what extent the U.S. Government is (1) facilitating the delivery of humanitarian and development assistance, and (2) preventing unanticipated and undesirable benefits to sanctioned individuals and entities. USAID is considering whether and how to update provisions and contract clauses for USAID assistance and acquisition awards to include a new reporting mechanism for all humanitarian assistance and development work overseas conducted under a USAID award. This approach would (i) require USAID awardees to report on certain incidents involving sanctioned individuals and entities (e.g., payments or diversions) that take place under the awards; (ii) re-emphasize requirements for maintaining relevant records relating to transactions subject to OFAC's sanctions programs, including transactions conducted pursuant to GLs; (iii) emphasize that USAID recipients and contractors must exercise reasonable due diligence to minimize the accrual of any impermissible benefits (in the form of payments or diversions) to any sanctioned individuals or entities; and (iv) provide data to USAID to inform impact assessments and for use in dialogue with the U.S. Government interagency, as well as the UNSC. Some illustrative examples of proposed reporting requirements for USAID recipients and contractors include: Reporting itemized details regarding payments of funds under the award in the form of taxes, tolls, and fees to, or for the benefit of, sanctioned individuals or entities. For each payment, the awardee will make best efforts to include details about the amount paid, the approximate date and location of the payment, the name of the individual or entity receiving the payment, a description of how such payment facilitated the assistance activities, and remedial steps, if any, taken to address the issue. Reporting itemized details regarding diversions of funds, supplies, or services under the award by sanctioned individuals or entities. For each diversion, the awardee will make best efforts to include details about the circumstances of the diversion, the name of the individual or entity causing the diversion, estimated value diverted, the approximate date and location of the diversion, description and intended destination, and remedial steps, if any, taken to address the issue. For USAID's assistance awards, updates could take the form of revisions to the mandatory standard provisions M12, M14, and M5 (``Preventing Transactions with, or the Provision of Resources or Support to, Sanctioned Groups and Individuals'') found in ADS 303maa, ADS 303mab, ADS 303mat, respectively. For USAID's acquisition awards, a new Agency-specific clause may be required, such as to supplement FAR 52.225-13 (``Restrictions on Certain Foreign Purchases''). Additional updates may be required to 22 CFR 228 and/or ADS 310. B. Request for Information This RFI is intended to solicit feedback on the following: (1) Considerations USAID should take into account when updating the sanctions-related provisions and contract clauses for its assistance and acquisition awards. (2) Types of information and details that recipients and contractors can report under their award for activities that are subject to OFAC's sanctions, regarding (a) payments of funds to, or for the benefit of, sanctioned individuals or entities; and (b) diversions of funds, supplies, or services by sanctioned individuals or entities. (3) Constraints that recipients and contractors may face in reporting information regarding (a) payments of funds to, or for the benefit of, sanctioned individuals or entities; and (b) diversions of funds, supplies, or services by sanctioned individuals or entities. Where possible, include specific examples. (4) Estimates of the burden on individual recipients and contractors in complying with any reporting requirement. (5) Considerations USAID should consider regarding the flowdown of requirements to subrecipients and subcontractors. (6) Recommendations on ways USAID can obtain data from recipients and contractors in order to assess the impact of GLs on the delivery of legitimate humanitarian assistance and other development activities to the most vulnerable people, while achieving U.S. national security objectives, including how USAID can collect such information on an aggregated basis from recipients and contractors. (7) Recommendations on the frequency and method of reporting. Responses to this RFI are not limited to the items in the above list. Commenters may provide feedback on other factors they deem relevant to USAID's updating of sanctions-related award provisions and contract clauses. Jami J. Rodgers, Chief Acquisition Officer. [FR Doc. 2024-19357 Filed 8-27-24; 8:45 am] BILLING CODE 6116-01-P

usgpo

2024-10-08T13:26:18.995317

FR

FR-2024-08-28/2024-19372

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68851-68853] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19372] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [FSIS-2024-0020] National Advisory Committee on Microbiological Criteria for Foods: Public Meeting AGENCY: Food Safety and Inspection Service (FSIS), Department of Agriculture (USDA). ACTION: Notice of public meeting. ----------------------------------------------------------------------- SUMMARY: This notice is announcing that the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) will hold a public meeting of the full Committee and Subcommittees from September 24, 2024, to September 26, 2024. The Committee will provide updates on FSIS' Genomics charge and the U.S. Food and Drug Administration's (FDA's) Cronobacter spp. in Powdered Infant Formula charge. DATES: The full Committee will hold an in-person and virtual public meeting on Tuesday, September 24, 2024, from 10:00 a.m. to 12:00 p.m. and on Thursday, September 26, 2024, from 4:00 p.m. to 5:00 p.m. The Subcommittees on Genomics and on Cronobacter spp. in Powdered Infant Formula will hold concurrent Subcommittee meetings on Wednesday, September 25, 2024, from 1:00 p.m. to 5 p.m. The Subcommittee meetings are open to members of the public by virtual attendance only. Attendance to all meetings is free but pre-registration by Wednesday, September 18, 2024, is requested. Persons interested in providing oral comments at the Tuesday, September 24, 2024, public meeting of the full Committee should indicate so when registering. Oral comments will be limited to three minutes per speaker. FSIS will do its best to accommodate all registered persons who request to provide oral comments at the public meeting. [[Page 68852]] The deadline to submit written comments is Wednesday, September 18, 2024. ADDRESSES: The meetings will be held in the USDA Whitten Building, 1400 Independence Ave. SW, Washington, DC 20250. In-person attendees will be escorted to the meeting room upon arrival. Virtual attendees will be provided details on how to access the full Committee and Subcommittee meetings upon registration. In-person attendees must show valid photo identification and will be required to pass through the security screening systems and escorted to the respective conference rooms. Please allow adequate time for this process. Attendees must pre-register at https://events.intellor.com/?do=register&t=7&p=509550 to receive a join link, dial-in number, access code, and unique Attendee ID for the public meeting. An American Sign Language interpreter will be present online during the public meeting and attendees will also have the option to turn on closed captions. For more information on the NACMCF charges, visit: https://www.fsis.usda.gov/policy/advisory-committees/national-advisory-committee-microbiological-criteria-foods-nacmcf. Written comments may be submitted by one of the following methods: Federal eRulemaking Portal: This website provides the ability to type short comments directly into the comment field on the web page or attach a file for lengthier comments. Go to https://www.regulations.gov. Follow the on-line instructions at that site for submitting comments. Mail: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Mailstop 3758, Washington, DC 20250-3700. Hand- or Courier-Delivered Submittals: Deliver to 1400 Independence Avenue SW, Jamie L. Whitten Building, Room 350-E, Washington, DC 20250- 3700. Instructions: All items submitted by mail or electronic mail must include the agency name and docket number FSIS-2024-0020. Comments made in response to the docket will be made available for public inspection and posted without change, including any personal information, to https://www.regulations.gov. Docket: For access to background documents or comments received, call 202-720-5046 to schedule a time to visit the FSIS Docket Room at 1400 Independence Avenue SW, Washington, DC 20250. Agenda: The Committee meeting will discuss updates on FSIS' Genomics charge and the U.S. Food and Drug Administration's (FDA's) Cronobacter spp. in Powdered Infant Formula charge. FSIS will finalize an agenda on or before the meeting date and post it on the FSIS web page at https://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings. Please note that the meeting agenda is subject to change; thus, sessions could end earlier or later than anticipated. Please plan accordingly if you would like to attend this meeting or participate in the oral public comment period. The official transcripts of the September 24-26, 2024, public meetings, when they become available, will be posted on FSIS' website at https://www.fsis.usda.gov/wps/portal/fsis/topics/data-collectionand-reports/nacmcf/meetings/nacmcfmeetings. FOR FURTHER INFORMATION CONTACT: Kristal Southern, USDA, FSIS, Office of Public Health Science, 1400 Independence Avenue SW, Room 1128, Washington, DC 20250; Phone: 202-937-4162; Email: [email protected]. SUPPLEMENTARY INFORMATION: Background The NACMCF was established in 1988, in response to a recommendation of the National Academy of Sciences for an interagency approach to microbiological criteria for foods, and in response to a recommendation of the U.S. House of Representatives Committee on Appropriations, as expressed in the Rural Development, Agriculture, and Related Agencies Appropriation Bill for fiscal year 1988. The NACMCF provides impartial scientific advice and recommendations to the Secretary of Agriculture and the Secretary of Health and Human Services on public health issues relative to the safety and wholesomeness of the U.S. food supply, including the development of microbiological criteria and review and evaluation of epidemiological and risk assessment data and methodologies for assessing microbiological hazards in foods. The Committee also provides scientific advice and recommendations to the Departments of Commerce and Defense. The Committee reports to the Secretary of Agriculture through the Under Secretary for Food Safety, the Committee's Chair, and to the Secretary of Health and Human Services through the Assistant Secretary for Health, the Committee's Vice-Chair. Currently, Dr. Emilio Esteban, Under Secretary for Food Safety, USDA, is the Committee Chair; Dr. Donald Prater, Acting Director of the Food and Drug Administration's Center for Food Safety and Applied Nutrition (CFSAN), is the Vice-Chair; and Dr. Kristal Southern, USDA FSIS, is the Director of the NACMCF Executive Secretariat and Designated Federal Officer. The NACMCF charter is available for viewing at https://www.fsis.usda.gov/policy/advisory-committees/national-advisory-committee-microbiological-criteria-foods-nacmcf. NACMCF documents and comments posted on the FSIS website are electronic conversions from a variety of source formats. In some cases, document conversion may result in character translation or formatting errors. The original document is the official, legal copy. To meet the electronic and information technology accessibility standards in Section 508 of the Rehabilitation Act, NACMCF may add alternate text descriptors for non-text elements (graphs, charts, tables, multimedia, etc.). These modifications only affect the internet copies of the documents. Copyrighted documents will not be posted on FSIS' website but will be available for inspection in the FSIS Docket Room. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication online through the FSIS web page located at: https://www.fsis.usda.gov/federal-register. FSIS also will make copies of this publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Constituent Update is available on the FSIS web page. Through the web page, FSIS can provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: https://www.fsis.usda.gov/subscribe. Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves and have the option to password protect their accounts. USDA Non-Discrimination Statement In accordance with Federal civil rights law and USDA civil rights regulations and policies, USDA, its [[Page 68853]] Mission Areas, agencies, staff offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language) should contact the responsible Mission Area, agency, or staff office; the USDA TARGET Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.usda.gov/forms/electronic-forms, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant's name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410; (2) Fax: (833) 256-1665 or (202) 690-7442; or (3) Email: [email protected]. USDA is an equal opportunity provider, employer, and lender. Equal opportunity practices in accordance with USDA's policies will be followed in all member appointments to the committee. To ensure that the recommendations of the committee consider the needs of the diverse groups served by USDA, membership shall include, to the extent practicable, individuals with demonstrated ability to represent the many communities, identities, races, ethnicities, backgrounds, abilities, cultures, and beliefs of the American people, including underserved communities. Cikena Reid, Committee Management Officer. [FR Doc. 2024-19372 Filed 8-27-24; 8:45 am] BILLING CODE 3410-DM-P

usgpo

2024-10-08T13:26:19.061329

FR

FR-2024-08-28/2024-19371

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Page 68853] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19371] ======================================================================= ----------------------------------------------------------------------- CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD Sunshine Act Meetings TIME AND DATE: Thursday, October 24, 2024, 2 p.m. ET (2 hours). Thursday, January 23, 2025, 2 p.m. ET (2 hours). Thursday, April 24, 2025, 2 p.m. ET (2 hours). Thursday, July 24, 2025, 2 p.m. ET (2 hours). PLACE: The meetings will be held virtually via ZOOM. Links are below and will be available at: www.csb.gov. October 24, 2024: https://www.zoomgov.com/j/1603513639 January 23, 2025: https://www.zoomgov.com/j/1613281492 April 24, 2025: https://www.zoomgov.com/j/1600374067 July 24, 2025: https://www.zoomgov.com/j/1609072832 STATUS: Open to the public. MATTERS TO BE CONSIDERED: The Chemical Safety and Hazard Investigation Board (CSB) will convene public meetings on October 24, 2024; January 23, 2025; April 24, 2025; and, July 24, 2025, at 2 p.m. ET. These meetings serve to fulfill the CSB's requirement to hold a minimum of four public meetings for Fiscal Year 2025 pursuant to 40 CFR 1600.5(c). The Board will review the CSB's progress in meeting its mission and as appropriate highlight safety products newly released through investigations and safety recommendations. CONTACT PERSON FOR MORE INFORMATION: Hillary Cohen, Communications Manager, at [email protected] or (202) 446-8094. Further information about these public meetings can be found on the CSB website at: www.csb.gov. Additional Information Background The CSB is an independent Federal agency charged with investigating incidents and hazards that result, or may result, in the catastrophic release of extremely hazardous substances. The agency's Board Members are appointed by the President and confirmed by the Senate. CSB investigations look into all aspects of chemical accidents and hazards, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management systems. Public Participation The meetings are free and open to the public. These meetings will only be available via ZOOM. Close captions (CC) will be provided. At the close of each meeting, there will be an opportunity for public comment. To submit public comments for the record please email the agency at [email protected]. Dated: August 23, 2024. Tamara Qureshi, Assistant General Counsel, Chemical Safety and Hazard Investigation Board. [FR Doc. 2024-19371 Filed 8-26-24; 11:15 am] BILLING CODE 6350-01-P

usgpo

2024-10-08T13:26:19.151402

FR

FR-2024-08-28/2024-19321

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68853-68854] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19321] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Economic Development Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Application Materials for EDA Investment Assistance AGENCY: Economic Development Administration, Department of Commerce. ACTION: Notice of information collection, request for comment. ----------------------------------------------------------------------- SUMMARY: The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before October 28, 2024. ADDRESSES: Interested persons are invited to submit written comments to Bernadette Grafton, Program Analyst, Performance, Research and National Technical Assistance Division, Economic Development Administration, U.S. Department of Commerce, via email at [email protected]. You may also submit comments to [email protected]. Please [[Page 68854]] reference OMB Control Number 0610-0094 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Requests for additional information or specific questions related to collection activities should be directed to Bernadette Grafton, Program Analyst, Performance, Research and National Technical Assistance Division, Economic Development Administration, U.S. Department of Commerce, via phone at (202) 482- 2917 or via email at [email protected]. SUPPLEMENTARY INFORMATION: I. Abstract The Economic Development Administration (EDA) leads the Federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. Guided by the basic principle that sustainable economic development should be locally-driven, EDA works directly with communities and regions to help them build the capacity for economic development based on local business conditions and needs. The Public Works and Economic Development Act of 1965 (PWEDA) (42 U.S.C. 3121 et seq.) is EDA's organic authority and is the primary legal authority under which EDA awards financial assistance. Under PWEDA, EDA provides financial assistance to both rural and urban distressed communities by fostering entrepreneurship, innovation, and productivity through investments in infrastructure development, capacity building, and business development in order to attract private capital investments and new and better jobs to regions experiencing economic distress. Further information on EDA programs and financial assistance opportunities can be found at www.eda.gov. EDA must collect specific information from financial assistance applicants to evaluate whether proposed projects satisfy eligibility and programmatic requirements contained in PWEDA, EDA regulations at 13 CFR chapter III, and applicable Notices of Funding Opportunity (NOFOs). The purpose of this notice is to seek comments from the public and other Federal agencies regarding EDA's proposed extension of the application materials under this information collection: Forms ED-900 (General Application (GA) for EDA Programs), ED-900B (Beneficiary Information Form), ED-900C (EDA Application Supplement for Construction Programs), ED-900D (Requirements for Design and Engineering Assistance), ED-900E (Calculation of Estimated Relocation and Land Acquisition Expenses), and ED-900F (Additional EDA Assurances for Revolving Loan Fund Investments). II. Method of Collection EDA collects information from financial assistance applicants electronically through Grants.gov, or, in very rare instances, via email or paper submission. III. Data OMB Control Number: 0610-0094. Form Number(s): ED-900, ED-900B, ED-900C, ED-900D, ED-900E, ED- 900F. Type of Review: Extension of a currently approved information collection. Affected Public: Entities eligible for EDA financial assistance, including not-for-profit entities; Federal, State, local, and Tribal governments; and businesses or other for-profit organizations. Estimated Number of Respondents: For construction projects, 977 estimated respondents, and for non-construction projects, 1,663 estimated respondents, for a total of 2,640 estimated respondents. Estimated Time per Response: For construction projects, 43.0 estimated hours per response, and for non-construction projects, 17.1 estimated hours per response. Estimated Total Annual Burden Hours: For construction projects, 42,011 estimated annual burden hours, and for non-construction projects, 28,437 estimated annual burden hours, for a total of 70,448 estimated total annual burden hours. Estimated Total Annual Cost to Public: $4,065,554. Respondent's Obligation: Mandatory. Legal Authority: The Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.). IV. Request for Comments We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary of Economic Affairs, Commerce Department. [FR Doc. 2024-19321 Filed 8-27-24; 8:45 am] BILLING CODE 3510-34-P

usgpo

2024-10-08T13:26:19.163119

FR

FR-2024-08-28/2024-19343

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68854-68855] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19343] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security Materials and Equipment Technical Advisory Committee; Notice of Partially Closed Meeting The Materials and Equipment Technical Advisory Committee will meet on September 12, 2024, 10:00 a.m.-3:30 p.m., Eastern Daylight Time, in the Herbert C. Hoover Building, Room 3884, 1401 Constitution Avenue NW, Washington, DC (enter through Main Entrance on 14th Street between Constitution and Pennsylvania Avenues). The Committee advises and assists the Secretary of Commerce (Secretary) and other Federal officials and agencies with respect to actions designed to carry out the policy set forth in Section 1752(1)(A) of the Export Control Reform Act. The purpose of the meeting is to have Committee members and U.S. Government representatives mutually review updated technical data and policy-driving information that has been gathered. Agenda Open Session 1. Opening Remarks and Introduction by BIS Senior Management. 2. Report from working groups. 3. Public comments and Proposals. Closed Session 4. Discussion of matters determined to be exempt from the open meeting and public participation requirements found in sections 1009(a)(1) and 1009(a)(3) of [[Page 68855]] the Federal Advisory Committee Act (FACA) (5 U.S.C. 1001-1014). The exemption is authorized by section 1009(d) of the FACA, which permits the closure of advisory committee meetings, or portions thereof, if the head of the agency to which the advisory committee reports determines such meetings may be closed to the public in accordance with subsection (c) of the Government in the Sunshine Act (5 U.S.C. 552b(c)). In this case, the applicable provisions of 5 U.S.C. 552b(c) are subsection 552b(c)(4), which permits closure to protect trade secrets and commercial or financial information that is privileged or confidential, and subsection 552b(c)(9)(B), which permits closure to protect information that would be likely to significantly frustrate implementation of a proposed agency action were it to be disclosed prematurely. The closed session of the meeting will involve committee discussions and guidance regarding U.S. Government strategies and policies. The open session will be accessible via teleconference. To join the conference, submit inquiries to Ms. Yvette Springer at [email protected]. A limited number of seats will be available for members of the public to attend the open session in person. Reservations are not accepted. Special Accommodations: Individuals requiring special accommodations to access the public meeting should contact Ms. Yvette Springer no later than Wednesday, September 11, 2024, so that appropriate arrangements can be made. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of materials to the Committee members, the Committee suggests that members of the public forward their materials prior to the meeting to Ms. Springer via email. Material submitted by the public will be made public and therefore should not contain confidential information. Meeting materials from the public session will be accessible via the Technical Advisory Committee (TAC) site at https://tac.bis.gov, within 30-days after the meeting. The Deputy Assistant Secretary for Administration, performing the non-exclusive functions and duties of the Chief Financial Officer and Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on May 6, 2024, pursuant to 5 U.S.C. 1009(d)), that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and the U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. 1009(a)(1) and 1009(a)(3). The remaining portions of the meeting will be open to the public. Meeting cancellation: If the meeting is cancelled, a cancellation notice will be posted on the TAC website at https://tac.bis.doc.gov. For more information, contact Ms. Springer. Yvette Springer, Committee Liaison Officer. [FR Doc. 2024-19343 Filed 8-27-24; 8:45 am] BILLING CODE 3510-JT-P

usgpo

2024-10-08T13:26:19.241674

FR

FR-2024-08-28/2024-19302

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Page 68855] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19302] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Request for Investigation Under Section 232 of the Trade Expansion Act The Department of Commerce will submit 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, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. Public comments were previously requested via the Federal Register on April 19, 2024, during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: Bureau of Industry and Security, Commerce. Title: Request for Investigation under Section 232 of the Trade Expansion Act. OMB Control Number: 0694-0120. Form Number(s): None. Type of Request: Regular submission, extension of a current information collection. Number of Respondents: 800. Average Hours per Response: 15 hours. Burden Hours: 12.000. Needs and Uses: Upon request, BIS will initiate an investigation to determine the effects of imports of specific commodities on the national security and will make the findings known to the President for possible adjustments to imports through tariffs. The findings are made publicly available and are reported to Congress. The purpose of this collection is to account for the public burden associated with the surveys distributed to determine the impact on national security. These surveys are designed to gather information so that BIS can evaluate the impact of foreign imports of strategic commodities on the national security of the United States. Each Section 232 study is for a specific commodity or technology that is required for national security reasons (e.g., precision bearings, microprocessors, machine tools, etc). These surveys attempt to determine the size of the domestic U.S. industry, how the domestic U.S. industry has been affected by foreign imports, demand for the commodity during peacetime, demand during wartime, the ability of the U.S. domestic industry to meet a surge in demand during wartime, and the potential impact on U.S. national security if wartime demand cannot be met by domestic U.S. suppliers. Affected Public: Business or other for-profit organizations. Frequency: On Occasion. Respondent's Obligation: Mandatory. Legal Authority: Section 232 of the Trade Expansion Act. This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ``Currently under 30-day Review--Open for Public Comments'' or by using the search function and entering either the title of the collection or the OMB Control Number 0694-0120. Sheleen Dumas, Departmental PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2024-19302 Filed 8-27-24; 8:45 am] BILLING CODE 3510-33-P

usgpo

2024-10-08T13:26:19.294274

FR

FR-2024-08-28/2024-19303

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Page 68856] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19303] [[Page 68856]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Chemical Weapons Convention Provisions of the Export Administration Regulations AGENCY: Bureau of Industry and Security, Commerce. ACTION: Notice of information collection, request for comment. ----------------------------------------------------------------------- SUMMARY: The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before October 28, 2024. ADDRESSES: Interested persons are invited to submit comments by email to Mark Crace, IC Liaison, Bureau of Industry and Security, at [email protected] or to [email protected]). Please reference OMB Control Number 0694-0117 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Requests for additional information or specific questions related to collection activities should be directed to Mark Crace, IC Liaison, Bureau of Industry and Security, phone 202- 714-8178 or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Abstract The Chemical Weapons Convention (CWC) is a multilateral arms control treaty that seeks to achieve an international ban on chemical weapons (CW). The CWC prohibits, the use, development, production, acquisition, stockpiling, retention, and direct or indirect transfer of chemical weapons. This collection implements the following export provision of the treaty in the Export Administration Regulations: Schedule 1 notification and report: Under Part VI of the CWC Verification Annex, the United States is required to notify the Organization for the Prohibition of Chemical Weapons (OPCW), the international organization created to implement the CWC, at least 30 days before any transfer (export/import) of Schedule 1 chemicals to another State Party. The United States is also required to submit annual reports to the OPCW on all transfers of Schedule 1 Chemicals. Schedule 3 End-Use Certificates: Under Part VIII of the CWC Verification Annex, the United States is required to obtain End-Use Certificates for exports of Schedule 3 chemicals to States not Party to the CWC to ensure the exported chemicals are only used for the purposes not prohibited under the Convention. II. Method of Collection Electronically or on paper. III. Data OMB Control Number: 0694-0117. Form Number(s): None. Type of Review: Regular submission, extension of a current information collection. Affected Public: Business or other for-profit organizations. Estimated Number of Respondents: 72. Estimated Time per Response: 30 minutes. Estimated Total Annual Burden Hours: 36 hours. Estimated Total Annual Cost to Public: 0. Respondent's Obligation: Mandatory. Legal Authority: CWC Implementation Act (Pub. L. 105-277, Division I), Executive Order 13128, DOC's CWC Regulation (15 CFR 710, et seq.). IV. Request for Comments We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2024-19303 Filed 8-27-24; 8:45 am] BILLING CODE 3510-33-P

usgpo

2024-10-08T13:26:19.338943

FR

FR-2024-08-28/2024-19301

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68856-68857] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19301] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Miscellaneous Short Supply Activities The Department of Commerce will submit 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, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. Public comments were previously requested via the Federal Register on April 19, 2024, during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: Bureau of Industry and Security, Commerce. Title: Miscellaneous Short Supply Activities. OMB Control Number: 0694-0102. Form Number(s): None. Type of Request: Regular submission, extension of a current information collection. Number of Respondents: 2. Average Hours per Response: 100.5 hours. Burden Hours: 201. Needs and Uses: This information collection comprises two rarely used short supply activities: ``Registration of U.S. Agricultural Commodities for Exemption from Short Supply [[Page 68857]] Limitations on Export (USAG)'', and ``Petitions for the Imposition of Monitoring or Controls on Recyclable Metallic Materials; Public Hearings (Petitions).'' Under provisions of sections 754.6 and 754.7 of the Export Administration Regulations (EAR), agricultural commodities of U.S. origin purchased by or for use in a foreign country and stored in the United States for export at a later date may voluntarily be registered with the Bureau of Industry and Security for exemption from any quantitative limitations on export that may subsequently be imposed under the EAR for reasons of short supply. Affected Public: Business or other for-profit organizations. Frequency: On Occasion. Respondent's Obligation: Voluntary. Legal Authority: 754.6 and 754.7 of the Export Administration Regulations (EAR). This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ``Currently under 30-day Review--Open for Public Comments'' or by using the search function and entering either the title of the collection or the OMB Control Number 0694-0102. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2024-19301 Filed 8-27-24; 8:45 am] BILLING CODE 3510-33-P

usgpo

2024-10-08T13:26:19.453255

FR

FR-2024-08-28/2024-19317

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68857-68858] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19317] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-427-828] Certain Carbon and Alloy Steel Cut-to-Length Plate From France: Final Results of Antidumping Duty Administrative Review; 2022-2023 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain carbon and alloy steel cut-to-length plate (CTL plate) from France was not sold in the United States at less than normal value during the period of review (POR), May 1, 2022, through April 30, 2023. DATES: Applicable August 28, 2024. FOR FURTHER INFORMATION CONTACT: Samuel Evans, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2420. SUPPLEMENTARY INFORMATION: Background On June 6, 2024, Commerce published the Preliminary Results and invited comments from interested parties.\1\ No interested party submitted comments on the Preliminary Results. Accordingly, the final results remain unchanged from the Preliminary Results and, thus, there is no decision memorandum accompanying this notice. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.\2\ The deadline for these final results is now no later than October 11, 2024. Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). --------------------------------------------------------------------------- \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from France: Preliminary Results and Rescission, in Part, of the Antidumping Administrative Review; 2022-23, 89 FR 48368 (June 6, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum. \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,'' dated July 22, 2024. --------------------------------------------------------------------------- Scope of the Order 3 --------------------------------------------------------------------------- \3\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative Antidumping Determinations for France, the Federal Republic of Germany, the Republic of Korea, and Taiwan, and Antidumping Duty Orders, 82 FR 24096 (May 25, 2017) (Order). --------------------------------------------------------------------------- The merchandise covered by the Order is CTL plate from France. For a complete description of the scope of the Order, see the Preliminary Results. Final Results of Review For these final results, we determine that the following estimated weighted-average dumping margin exists for the period May 1, 2022, through April 30, 2023: ------------------------------------------------------------------------ Weighted- average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ Dillinger France S.A....................................... 0.00 ------------------------------------------------------------------------ Disclosure Normally, Commerce will disclose to the parties in a proceeding the calculations performed in connection with the final results of review within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final results in the Federal Register, in accordance with 19 CFR 351.224(b). However, because we have made no changes from the Preliminary Results, there are no new calculations to disclose. Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Commerce calculated a weighted-average dumping margin for Dillinger France S.A. (Dillinger) of zero percent in this review. Accordingly, we intend to instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For entries of subject merchandise during the POR produced by Dillinger for which Dillinger did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate established in the less-than-fair-value (LTFV) investigation (i.e., 6.15 percent),\4\ if there is no rate for the intermediate company(ies) involved in the transaction.\5\ --------------------------------------------------------------------------- \4\ See Order, 82 FR at 24096. \5\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication in the Federal Register of these final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the company listed [[Page 68858]] above will be equal to the weighted-average dumping margin established in these final results of this administrative review; (2) for previously investigated or reviewed companies not covered in this review, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the LTFV investigation, but the producer is, then the cash deposit rate will be the cash deposit rate established for the most recently completed segment for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers and exporters will continue to be 6.15 percent, the all- others rate established in the LTFV investigation.\6\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \6\ See Order, 82 FR at 24096. --------------------------------------------------------------------------- Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: August 21, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024-19317 Filed 8-27-24; 8:45 am] BILLING CODE 3510-DS-P

usgpo

2024-10-08T13:26:19.544447

FR

FR-2024-08-28/2024-19318

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68858-68860] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19318] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-118] Wood Mouldings and Millwork Products From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2022 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to producers and exporters of wood mouldings and millwork products (millwork products) from the People's Republic of China (China) during the period of review (POR) from January 1, 2022, through December 31, 2022. Commerce is also rescinding the review with respect to one company that had no reviewable entries during the POR. DATES: Applicable August 28, 2024. FOR FURTHER INFORMATION CONTACT: Bob Palmer or Brandon James, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-9068 or (202) 482-7472, respectively. SUPPLEMENTARY INFORMATION: Background On March 5, 2024, Commerce published the Preliminary Results.\1\ For a detailed description of the events that occurred subsequent to the Preliminary Results, see the Issues and Decision Memorandum.\2\ On July 1, 2024, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce extended the deadline for issuing the final results until July 26, 2024.\3\ On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.\4\ --------------------------------------------------------------------------- \1\ See Wood Mouldings and Millwork Products from the Peoples Republic of China: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 89 FR 15816 (March 5, 2024) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review Wood Mouldings and Millwork Products from the People's Republic of China; 2022,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). \3\ See Memorandum, ``Extension of Deadline for the Final Results of Countervailing Duty Administrative Review; 2022,'' dated July 1, 2024. \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,'' dated July 22, 2024. --------------------------------------------------------------------------- Scope of the Order 5 --------------------------------------------------------------------------- \5\ See Wood Mouldings and Millwork Products from the People's Republic of China: Countervailing Duty Order, 86 FR 9484 (February 16, 2021) (Order). --------------------------------------------------------------------------- The merchandise subject to the Order is wood mouldings and millwork products (WMMP) from China, which are primarily classifiable under subheadings 4409.10.0500, 4409.10.1020, 4409.10.1040, 4409.10.1060, 4409.10.1080, 4409.10.4010, 4409.10.4090, 4409.10.4500, 4409.10.5000, 4409.10.9020, 4409.10.9040, 4409.22.0590, 4409.22.1000, 4409.22.4000, 4409.22.5000, 4409.22.5020, 4409.22.5040, 4409.22.5060, 4409.22.5090, 4409.22.9000, 4409.22.9020, 4409.22.9030, 4409.22.9045, 4409.22.9060, 4409.22.9090, 4409.29.0665, 4409.29.1100, 4409.29.4100, 4409.29.5100, 4409.29.9100, 4412.99.5115, 4412.99.9500, 4418.91.9095, and 4421.91.9780 of the of the Harmonized Tariff Schedule of the United States (HTSUS). WMMP may also enter under HTSUS numbers 4409.10.6000, 4409.10.6500, 4409.22.6000, 4409.22.6500, 4409.29.6100, 4409.29.6600, 4412.41.0000, 4412.42.0000, 4412.49.0000, 4412.91.5115, 4412.92.5215, 4412.99.9700, 4418.20.4000, 4418.20.8030, 4418.20.8060, 4418.91.9195, 4418.99.9095, 4418.99.9195, 4421.91.9880, 4421.99.9780, and 4421.99.9880. While the HTSUS subheading and ASTM specification are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. A full description of the scope of the Order is contained in the Issues and Decision Memorandum. Rescission of Administrative Review, In Part In the Preliminary Results, Commerce stated that we intended to further examine the rescission of this administrative review with respect to three companies, Anji Huaxin Bamboo [[Page 68859]] & Wood Products Co., Ltd. (Anji Huaxin), Composite Technology International, Limited (CTIL), and Homebuild Industries Co., Ltd. (Homebuild). Anji Huaxin and CTIL submitted comments claiming that they had entries of subject merchandise during the POR in response to our stated intent to rescind the administrate review with respect to these two companies in the absence of evidence of suspended entries during the POR.\6\ Homebuild submitted a certification of no shipments during the POR and, after seeking confirmation with U.S. Customs and Border Protection (CBP), we placed CBP's response on the record.\7\ For the final results, we find that Anji Huaxin and Homebuild had reviewable entries of subject merchandise during the POR and, accordingly, are not rescinding this review with respect to these two companies. However, we find that CTIL had no reviewable entries of subject merchandise during the POR. As a result, we are rescinding this review, pursuant to 19 CFR 351.213(d)(3), with respect to this company. --------------------------------------------------------------------------- \6\ See Preliminary Results PDM at 4-6; see also Memorandum, ``Notice of Intent to Rescind Review, In Part,'' dated September 14, 2023. \7\ See Memorandum, ``Entry Documents Requested,'' dated February 14, 2024. --------------------------------------------------------------------------- For further information regarding this determination, see ``Final Rescission of Administrative Review, In Part'' section in the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by interested parties in briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is provided in Appendix I of this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our review of the record and comments received from interested parties regarding our Preliminary Results, we made certain revisions to the countervailable subsidy rate calculations for Fujian Jinquan Trade Co., Ltd. (Jinquan) and Fujian Yinfeng Imp & Exp Trading Co., Ltd. (Yinfeng).\8\ As a result of the changes to Jinquan and Yinfeng's program rates, the final rate for the 20 non-selected companies under review also changed.\9\ These changes are explained in the Issues and Decision Memorandum. --------------------------------------------------------------------------- \8\ See Memoranda, ``Final Results Calculations for Fujian Jinquan Trade Co., Ltd.,'' and ``Final Results Calculations for Fujian Yinfeng Imp & Exp Trading Co., Ltd.,'' dated concurrently with this notice. \9\ The 20 non-selected companies under review are listed in Appendix II of this notice. --------------------------------------------------------------------------- Methodology Commerce conducted this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a government- provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.\10\ The Issues and Decision Memorandum contains a full description of the methodology underlying Commerce's conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- \10\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- Companies Not Selected for Individual Review The statute and Commerce's regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 705(c)(5) of the Act, which provides instructions for determining the all-others rate in an investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 705(c)(5)(A) of the Act, the all-others rate is normally an amount equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero or de minimis countervailable subsidy rates, and any rates determined entirely on the basis of facts available. As stated above, there are 20 companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent. For these non-selected companies, because the rates calculated for mandatory respondents Jinquan and Yinfeng were above de minimis and not based entirely on facts available, we applied a final subsidy rate based on a weighted average of the rates calculated for the two mandatory respondents using the publicly ranged sales data they submitted on the record. This methodology is consistent with our practice for establishing an all-others subsidy rate pursuant to section 705(c)(5)(A) of the Act. For a list of the non-selected companies, see Appendix II to this notice. Final Results of Review We find the countervailable subsidy rates for the mandatory and non-selected respondents under review for the period of January 1, 2022, through December 31, 2022, to be as follows: ------------------------------------------------------------------------ Subsidy rate Producer/exporter (percent ad valorem) ------------------------------------------------------------------------ Fujian Jinquan Trade Co., Ltd.\11\...................... 21.21 Fujian Yinfeng Imp & Exp Trading Co., Ltd.\12\.......... 3.11 Non-Selected Companies Under Review \13\................ 14.38 ------------------------------------------------------------------------ Disclosure --------------------------------------------------------------------------- \11\ Jinquan is cross-owned with Fujian Province Youxi County Baiyuan Wood Machining Co., Ltd. \12\ The following companies are cross-owned with Yinfeng: Fujian Province Youxi City Mangrove Wood Machining Co., Ltd.; and Fujian Province Youxi City Mangrove Wood Machining Co., Ltd. Youxi Xicheng Branch. Fujian Province. \13\ See Appendix II. --------------------------------------------------------------------------- We intend to disclose the calculations performed in connection with the final results of review to parties in this proceeding within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has determined, and CBP shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed companies at the applicable ad valorem assessment rates listed for the POR (i.e., January 1, 2022, to December 31, 2022). For CTIL, for which this review is rescinded, Commerce will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2022, through December 31, 2022, in [[Page 68860]] accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue assessment instructions to CBP for these companies no earlier than 35 days after the publication of the preliminary results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for the POR for each of the respective companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all non-reviewed firms subject to the Order, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, effective upon publication of the final results of review, shall remain in effect until further notice. Administrative Protective Order (APO) This notice also serves as a reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: August 15, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I--List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Rescission of Review, in Part IV. Scope of the Order V. Use of Facts Otherwise Available and Application of Adverse Inferences VI. Subsidies Valuation Information VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether Commerce Should Change Its Preliminary Findings Regarding the Export Buyer's Credit Program (EBCP) Comment 2: Whether the Electricity for Less Than Adequate Remuneration (LTAR) Program Is Specific Comment 3: Whether Certain Input Suppliers Are Government Authorities A. Whether Information Is Missing From the Record B. Whether Two Suppliers Provided Sufficient Information Comment 4: Whether Commerce Properly Excluded Respondents' Benchmark Data A. Whether Commerce Should Use All of Respondents' Benchmark Data B. Whether Commerce Should Revise the Cut Timber Benchmark Comment 5: Whether Commerce Should Revise the Paint Benchmark Comment 6: Whether Commerce Should Revise the Ocean Freight Benchmark A. Whether Commerce Should Include Drewry Data B. Whether Commerce Should Adjust Its Averaging Methodology C. Whether To Include Certain Surcharges Comment 7: Whether Commerce Should Rely on Respondents' Reported Inland Freight Data Comment 8: Whether Commerce Should Exclude Sales Not Related to Production Activities Comment 9: Whether Commerce Should Rely on Malaysian Land Benchmarks IX. Recommendation Appendix II--Non-Selected Companies Under Review 1. Anji Huaxin Bamboo & Wood Products Co., Ltd. 2. Fotiou Frames Limited 3. Fujian Hongjia Craft Products Co., Ltd. 4. Fujian Wangbin Decorative Material Co., Ltd. 5. Fujian Youxi Best Arts & Crafts Co. Ltd. 6. Homebuild Industries Co., Ltd. 7. Huaan Longda Wood Industry Co., Ltd. 8. Jiangsu Wenfeng Wood Co., Ltd. 9. Longquan Jiefeng Trade Co., Ltd. 10. Nanping Huatai Wood & Bamboo Co., Ltd. 11. Nanping Huatai Wood and Bamboo Co., Ltd. 12. Putian Yihong Wood Industry Co., Ltd. 13. Shandong Miting Household Co., Ltd. 14. Shaxian Hengtong Wood Industry Co., Ltd. 15. Shaxian Shiyiwood, Ltd. 16. Shuyang Kevin International Co., Ltd. 17. Shuyang Zhongding Decoration Materials Co., Ltd. 18. Suqian Sulu Import & Export Trading Co., Ltd. 19. Zhangzhou Wangjiamei Industry & Trade Co., Ltd. 20. Zhangzhou Yihong Industrial Co., Ltd. [FR Doc. 2024-19318 Filed 8-27-24; 8:45 am] BILLING CODE 3510-DS-P

usgpo

2024-10-08T13:26:19.830980

FR

FR-2024-08-28/2024-19393

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68860-68862] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19393] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-821-838, C-821-839] Ferrosilicon From the Russian Federation: Preliminary Affirmative Critical Circumstances Determinations AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that that critical circumstances exist, with respect to imports of ferrosilicon in the antidumping duty (AD) and countervailing duty (CVD) investigations of ferrosilicon from the Russian Federation (Russia). The AD period of investigation is July 1, 2023, through December 31, 2023, and the CVD period of investigation is January 1, 2023, through December 31, 2023. DATES: Applicable August 28, 2024. FOR FURTHER INFORMATION CONTACT: Mark Hoadley AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482- 3148. SUPPLEMENTARY INFORMATION: Background These preliminary determinations are made in accordance with sections 703(e) and 733(e) of the Tariff Act of 1930, as amended (the Act). Commerce published the notices of initiation of these AD and CVD investigations on April 24, 2024.\1\ On August 9, 2024, CC Metals and Alloys, LLC and Ferroglobe USA, INC. (collectively, the petitioners) filed timely allegations, pursuant to sections 703(e)(1) and 733(e)(1) of the Act and 19 CFR 351.206, that critical circumstances exist with respect to ferrosilicon from Russia.\2\ On August 19, [[Page 68861]] 2024, the Government of Russia (GOR) submitted comments in response to the petitioners' CVD critical circumstances allegation.\3\ Commerce published its preliminary AD and CVD determinations on June 28, 2024.\4\ In the CVD Preliminary Determination, we applied adverse facts available (AFA) to the mandatory respondent, Russian Ferro Alloys Inc./ RFA International LP (RFA) and determined an all-others rate based on the rate for RFA.\5\ In the AD Preliminary Determination, we assigned the Russia-wide entity an AFA rate as no individual producers/exporters participated in the investigation.\6\ --------------------------------------------------------------------------- \1\ See Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the Russian Federation: Initiation of Countervailing Duty Investigations, 89 FR 31133 (April 24, 2024) (CVD Initiation Notice); see also Ferrosilicon from Brazil, Kazakhstan, Malaysia, and the Russian Federation: Initiation of Less-Than-Fair-Value Investigations, 89 FR 31137 (April 24, 2024) (AD Initiation Notice). \2\ See Petitioners' Letter, ``Petitioners' Critical Circumstances Allegation,'' dated August 9, 2024 (AD Critical Circumstances Allegation); also see Petitioners' Letter, ``Petitioners' Critical Circumstances Allegation,'' dated August 9, 2024 (CVD Critical Circumstances Allegation). \3\ See GOR's Letter, ``Response to the Petitioners' Critical Circumstances Allegation,'' dated August 19, 2024. \4\ See Ferrosilicon from the Russian Federation: Preliminary Affirmative Countervailing Duty Determination, 89 FR 53949 (June 28, 2024) (CVD Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM); see also Ferrosilicon from the Russian Federation: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 89 FR 53953 (June 28, 2024) (AD Preliminary Determination), and accompanying PDM. \5\ See CVD Preliminary Determination PDM at 6-14. \6\ See AD Preliminary Determination PDM at 6-8. --------------------------------------------------------------------------- In accordance with sections 703(e)(1) and 733(e)(1) of the Act and 19 CFR 351.206(c)(1) and (2)(ii), because the petitioners submitted the critical circumstances allegations more than 30 days before the scheduled date of the final determinations, Commerce will make preliminary findings as to whether there is a reasonable basis to believe or suspect that critical circumstances exist and will issue preliminary critical circumstances determinations within 30 days after the allegations are filed. Critical Circumstances Allegations The petitioners allege that imports of ferrosilicon from Russia were massive over a relatively short period, and provided monthly import data comparing a base period of January 2024 through March 2024, to a comparison period of April 2024 through June 2024.\7\ The petitioners allegation of massive imports utilizes base and comparison periods established in accordance with 19 CFR 351.206(i) and reflects an increase from 0 to 5,744.922 metric tons, which is ``massive'' under 19 CFR 351.206(h)(2) and under sections 703(e)(1)(b) and 733(e)(1)(b) of the Act.\8\ For the CVD investigation, the petitioners also allege that there is a reasonable basis to believe that there are subsidies in this investigation which are inconsistent with the World Trade Organization Agreement on Subsidies and Countervailing Measures (SCM Agreement).\9\ For the AD investigation, the petitioners also allege that there is reason to believe there is history of dumping and material injury by reason of dumped imports in the United States or elsewhere of ferrosilicon and a reason to believe importers knew or should have known that Russian producers and/or exporters were selling ferrosilicon at less than fair value (LTFV) and that material injury was likely.\10\ --------------------------------------------------------------------------- \7\ See AD Critical Circumstance Allegation at 6; see also CVD Critical Circumstances Allegation at 5. \8\ Id. \9\ See section 771(8)(A) of the Act. \10\ See section 733(e)(1) of the Act. --------------------------------------------------------------------------- Analysis CVD Allegation: Alleged Countervailable Subsidies Are Inconsistent With the SCM Agreement Section 703(e)(1) of the Act provides that Commerce will determine that critical circumstances exist in CVD investigations if there is a reasonable basis to believe or suspect that the alleged countervailable subsidy is inconsistent with the SCM Agreement.\11\ --------------------------------------------------------------------------- \11\ Commerce limits its critical circumstances findings to those subsidies contingent upon export performance or use of domestic over imported goods (i.e., those prohibited under Article 3 of the SCM Agreement). See, e.g., Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination: Carbon and Certain Alloy Steel Wire from Germany, 67 FR 55808, 55809-10 (August 30, 2002). --------------------------------------------------------------------------- To determine whether an alleged countervailable subsidy is inconsistent with the SCM Agreement, in accordance with section 703(e)(1)(A) of the Act, Commerce considered the evidence currently on the record of this investigation. As determined in the CVD Preliminary Determination, we found, based on AFA, that the non-cooperating mandatory respondent RFA used the Import Substitution Loans program. Record evidence indicates that this program is contingent on the use of domestic over imported goods, rendering it inconsistent with Article 3 of the SCM Agreement.\12\ Therefore, Commerce preliminarily determines, for purposes of this critical circumstances' determination, that there are subsidies in this investigation that are inconsistent with the SCM Agreement. --------------------------------------------------------------------------- \12\ See Checklist, ``Enforcement and Compliance, Countervailing Duty Investigation Initiation Checklist,'' dated April 17, 2024, at 8-9. --------------------------------------------------------------------------- AD Allegation: History of Dumping and Material Injury by Reason of Dumped Imports in the United States or Elsewhere of the Subject Merchandise In determining whether there is a history of dumping pursuant to section 733(e)(1)(A)(i) of the Act, Commerce generally considers current or previous AD orders on subject merchandise from the country in question in the United States and current orders in any other country with regard to imports of subject merchandise.\13\ On May 4, 2021, Egypt imposed an antidumping duty order on imports of ferrosilicon from Russia.\14\ This third-country antidumping duty order remains in effect and constitutes evidence of a history of dumping and material injury by reason of LTFV sales.\15\ --------------------------------------------------------------------------- \13\ See, e.g., Certain Oil Country Tubular Goods from the People's Republic of China: Notice of Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances and Postponement of Final Determination, 74 FR 59117, 59120 (November 17, 2009) (OCTG China Preliminary Determination), unchanged in Certain Oil Country Tubular Goods from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, Affirmative Final Determination of Critical Circumstances and Final Determination of Targeted Dumping, 75 FR 20335 (April 19, 2010) (OCTG China Final Determination). \14\ See AD Critical Circumstances Allegation at 3 and Exhibit 1. \15\ Id. --------------------------------------------------------------------------- AD Allegation: The Importer Knew or Should Have Known That the Exporter Was Selling at Less Than Fair Value and That There Was Likely To Be Material Injury In determining whether importers knew or should have known that exporters were selling subject merchandise at LTFV and that there was likely to be material injury by reason of such sales, pursuant to section 733(e)(1)(A)(ii), Commerce must rely on the facts before it at the time the determination is made. Commerce generally bases its decision with respect to knowledge on the margins calculated in the preliminary determination and the U.S. International Trade Commission's (ITC) preliminary injury determination.\16\ --------------------------------------------------------------------------- \16\ See, e.g., OCTG China Preliminary Determination, unchanged in OCTG China Final Determination. --------------------------------------------------------------------------- Commerce normally considers margins of 25 percent or more for export price sales and 15 percent or more for constructed export price sales sufficient to impute importer knowledge of sales at LTFV.\17\ In this investigation, we preliminarily assigned a dumping margin of 283.27 percent to the Russia-wide entity, which exceeds the minimum margin required to impute [[Page 68862]] knowledge of dumping to U.S. importers.\18\ --------------------------------------------------------------------------- \17\ See, e.g., Certain Uncoated Paper from Australia: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, In Part, 81 FR 3108 (January 20, 2016) (Uncoated Paper from Australia), and accompanying Issues and Decision Memorandum at 13. \18\ See AD Preliminary Determination. --------------------------------------------------------------------------- In assessing importers' knowledge of likely material injury, Commerce relies on a preliminary affirmative determination by the ITC to impute the requisite knowledge to U.S. importers.\19\ Thus, Commerce finds that U.S. importers knew or should have known that imports of ferrosilicon from Russia were being sold at LTFV and were likely to cause injury, which is sufficient to satisfy the first requirement for an affirmative critical circumstances determination. --------------------------------------------------------------------------- \19\ See Ferrosilicon from Brazil, Kazakhstan, Malaysia, and Russia; Determinations, 89 FR 43435 (May 17, 2024). --------------------------------------------------------------------------- Massive Imports In determining whether there have been ``massive imports'' over a ``relatively short period,'' pursuant to sections 703(e)(1)(B) and 733(e)(1)(B) of the Act and 19 CFR 351.206(h), Commerce normally compares the import volumes of the subject merchandise for at least three months immediately preceding the filing of the petition (i.e., the ``base period'') to a comparable period of at least three months following the filing of the petition (i.e., the ``comparison period''). Imports normally will be considered massive when imports during the comparison period have increased by 15 percent or more compared to imports during the base period.\20\ The regulations also provide, however, that if Commerce finds that importers, or exporters or producers, had reason to believe, at some time prior to the beginning of the proceeding, that a proceeding was likely, Commerce may consider a period of not less than three months from that earlier time.\21\ In this case, Commerce compared the import volumes of subject merchandise, as provided by the petitioners,\22\ for the three months immediately preceding and three months following the filing of the petition, ending with the month prior to the AD Preliminary Determination and the CVD Preliminary Determination. --------------------------------------------------------------------------- \20\ See 19 CFR 351.206(h)(2). \21\ See 19 CFR 351.206(i). \22\ See AD Critical Circumstances Allegation at 5-6; and CVD Critical Circumstances Allegation at 4-6. --------------------------------------------------------------------------- Because the petitions were filed on March 28, 2024, to determine whether there was a massive surge in imports for the cooperating mandatory respondent, Commerce compared the total volume of shipments during the period January 2024 through March 2024 with the volume of shipments during the following three-month period of April 2024 through June 2024. Based on this analysis, we preliminarily determine that there was a massive surge in imports from RFA and ``all other'' producers/exporters from Russia (for CVD) and for the Russia-wide entity (for AD). Conclusion For the CVD investigation, based on the criteria and findings discussed above, we preliminarily determine that critical circumstances exist with respect to imports of ferrosilicon from Russia produced or exported by RFA and all other producers/exporters. For the AD investigation, based on the criteria and findings discussed above, we preliminarily determine that critical circumstances exist with respect to all imports of ferrosilicon from Russia produced or exported by the Russia-wide entity. Final Critical Circumstances Determinations We will make final critical circumstances determinations concerning critical circumstances in the final AD and CVD determinations, which are currently due no later than September 11, 2024. Public Comment Interested parties are invited to comment on these preliminary critical circumstances determinations no later than five days after the date on which this notice is published in the Federal Register. Given that the final determinations for the AD and CVD investigations are due no later than September 11, 2024, Commerce will allow two days for parties to submit rebuttal comments. We request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.\23\ Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memoranda that will accompany the final determinations in these investigations. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).\24\ --------------------------------------------------------------------------- \23\ We use the term ``issue'' here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. \24\ See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023). --------------------------------------------------------------------------- Suspension of Liquidation In accordance with section 703(e)(2)(A) of the Act, for all entries, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of any unliquidated entries of subject merchandise from Russia entered, or withdrawn from warehouse for consumption, on or after March 30, 2024, which is 90 days prior to the date of publication of the AD Preliminary Determination and CVD Preliminary Determination in the Federal Register. For such entries, CBP shall require a cash deposit equal to the estimated weighted-average dumping margin established in the AD Preliminary Determination and CVD Preliminary Determination. This suspension of liquidation will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with sections 703(f) and 733(f) of the Act, we will notify the ITC of these preliminary determinations of critical circumstances. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f), 733(f), and 777(i) of the Act and 19 CFR 351.206. Dated: August 22, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024-19393 Filed 8-26-24; 4:15 pm] BILLING CODE 3510-DS-P

usgpo

2024-10-08T13:26:20.011992

FR

FR-2024-08-28/2024-19275

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68862-68863] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19275] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Institute of Standards and Technology Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Safety and Health Information Collection The Department of Commerce will submit 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 [[Page 68863]] 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. Public comments were previously requested via the Federal Register on May 16, 2024 during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: National Institute of Standards and Technology (NIST), Commerce. Title: Safety and Health Information Collection. OMB Control Number 0693-0080. Form Number(s): NIST-426, NIST-985, NIST-986. Type of Request: Regular. Number of Respondents: 999. Average Hours per Response: 10 minutes. Burden Hours: 168. Needs and Uses: The National Institute of Standards and Technology (NIST) is a unique federal campus which hosts daily a range of non- federal individuals. Non-federal individuals may include NIST Associates, volunteers, students, and visitors. In order to provide these individuals with proper health care and health documentation, NIST is pursuing renewal of approval of three health unit forms. Affected Public: Some Associates, volunteers, and visitors to NIST. Frequency: As needed. Respondent's Obligation: Voluntary. This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ``Currently under 30-day Review--Open for Public Comments'' or by using the search function and entering either the title of the collection or the OMB Control Number 0693-0080. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2024-19275 Filed 8-27-24; 8:45 am] BILLING CODE 3510-13-P

usgpo

2024-10-08T13:26:20.069877

FR

FR-2024-08-28/2024-19276

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Page 68863] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19276] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Institute of Standards and Technology Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Generic Clearance for Customer Service-Related Data Collections The Department of Commerce will submit 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, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. Public comments were previously requested via the Federal Register on May 28, 2024 during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: National Institute of Standards and Technology (NIST), Commerce. Title: Generic Clearance for Customer Service-Related Data Collections. OMB Control Number: 0693-0031. Form Number(s): None. Type of Request: Regular Submission, extension of a current information collection. Number of Respondents: 120,000. Average Hours per Response: Less than 2 minutes for a response card, 2 hours for focus group participation. The average estimated response time for the completion of a collection instrument is expected to be less than 30 minutes per response. Burden Hours: 15,000. Needs and Uses: NIST conducts surveys, focus groups, and other customer satisfaction/service data collections. The collected information is needed and will be used to determine the kind and the quality of products, services, and information our key customers want and expect, as well as their satisfaction with and awareness or existing products, services, and information. Affected Public: Business or other for-profit organizations, individuals or households, not-for-profit institutions. Frequency: On occasion. Respondent's Obligation: Voluntary. This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ``Currently under 30-day Review--Open for Public Comments'' or by using the search function and entering either the title of the collection or the OMB Control Number 0693-0031. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2024-19276 Filed 8-27-24; 8:45 am] BILLING CODE 3510-13-P

usgpo

2024-10-08T13:26:20.115445

FR

FR-2024-08-28/2024-19315

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68863-68864] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19315] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Public Meeting of the Ocean Exploration Advisory Board AGENCY: Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of public meeting. ----------------------------------------------------------------------- SUMMARY: This notice sets forth the schedule and proposed agenda for a meeting of the Ocean Exploration Advisory Board (OEAB). OEAB members will discuss and provide advice on the Federal ocean exploration program, with a particular emphasis on the topics identified in the section on Matters to Be Considered. DATES: The announced meeting is scheduled for Tuesday, Sept. 17, 2024 from 1:00 p.m.-2:00 p.m. (EDT). ADDRESSES: This will be a virtual meeting. Information about how to observe virtually will be posted to the OEAB website at https://oeab.noaa.gov/ gov/. FOR FURTHER INFORMATION CONTACT: Mr. David Turner, Designated Federal Officer, Ocean Exploration Advisory Board, National Oceanic and Atmospheric Administration, [email protected] or (859) 327-9661. SUPPLEMENTARY INFORMATION: NOAA established the OEAB under the Federal Advisory Committee Act (FACA) and legislation that gives the agency statutory authority to operate an ocean [[Page 68864]] exploration program and to coordinate a national program of ocean exploration. The OEAB advises NOAA leadership on strategic planning, exploration priorities, competitive ocean exploration grant programs, and other matters as the NOAA Administrator requests. OEAB members represent government agencies, the private sector, academic institutions, and not-for-profit institutions involved in all facets of ocean exploration--from advanced technology to public engagement. In addition to advising NOAA leadership, NOAA expects the OEAB to help to define and develop a national program of ocean exploration--a network of stakeholders and partnerships advancing national priorities for ocean exploration. One of the OEAB's authorized duties is to annually review the quality and effectiveness of the programs' proposal review processes. Matters To Be Considered: The OEAB will be briefed on the status of the NOAA Ocean Exploration's competitive grants programs; have an opportunity to inquire about them in detail; and provide recommendations. The program's annual competitive grant awards include funding for interdisciplinary and innovative ocean exploration related projects, in addition to grant awards for education and outreach efforts. The agenda and other meeting materials will be made available on the OEAB website at https://oeab.noaa.gov/ gov/. Status: The meeting will be open to the public via remote access. Please check the agenda on the OEAB website to confirm the public comment period schedule. The OEAB expects that public statements at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to three minutes. The Designated Federal Officer must receive written comments by Sept. 9, 2024, to provide sufficient time for OEAB review. Written comments received after Sept. 9, 2024, will be distributed to the OEAB but may not be reviewed prior to the meeting date. Comments should be submitted to Designated Federal Officer [email protected]. Special Accommodations: Requests for sign language interpretation or other auxiliary aids should be directed to the Designated Federal Officer by Sept. 9, 2024. David Holst, Chief Financial and Administrative Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. 2024-19315 Filed 8-27-24; 8:45 am] BILLING CODE 3510-KA-P

usgpo

2024-10-08T13:26:20.161525

FR

FR-2024-08-28/2024-19313

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68864-68865] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19313] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; North Pacific Observer Program Safety and Security Survey The Department of Commerce will submit 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, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. Public comments were previously requested via the Federal Register on April 10, 2024 during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: National Oceanic and Atmospheric Administration, Commerce. Title: North Pacific Observer Program Safety and Security Survey. OMB Control Number: 0648-0759. Form Number(s): None. Type of Request: Regular submission. Extension and revision of a current information collection. Number of Respondents: 280. Average Hours per Response: .17 hours (10 minutes per respondent). Total Annual Burden Hours: 47. Needs and Uses: This request is for an extension and revision of an existing information collection. The revision to the survey instrument will allow the survey participants to specify to whom they reported unwanted behavior. NMFS certified observers are a vital part of fisheries management. Observers deploy to collect fisheries data in the field; observers often deploy to vessels and work alongside fishers for weeks and months at a time. The work environment observers find themselves in can be challenging, especially if the observer finds themselves a target for victim type violations such as sexual harassment, intimidation, or even assault. The NOAA Fisheries Office of Law Enforcement has primary jurisdiction to investigate violations of the Magnuson Stevens Act. The Office of Law Enforcement prioritizes investigations initiated from reports made by observers involving assault, sexual harassment, hostile work environment, intimidation, and other behaviors that may affect observers individually. However, it is difficult for a person to disclose if they have been a victim of a crime, and if law enforcement does not receive reports of unwanted behavior then they cannot initiate an investigation. The true number of observers who have experienced victim type crimes is unknown, and the reasons why they do not report is also unclear. More information is needed to understand how many observers per year experience victim type crimes, and why they chose not to report to the Office of Law Enforcement. The Office of Law Enforcement, Alaska Division, is conducting a survey of observer who deploy under the North Pacific Observer Program to determine the true number of observers who experienced victimizing behavior during their deployments, and what factors prevented them from reporting. Twenty questions, describing varying levels of behavior that may violate the Magnuson Act, will determine if an observer has experienced the behavior, if they reported the behavior, and to whom the report was made. The survey will assess the specific impediments to disclosure. This survey will launch on an annual basis. The results of the survey will provide the Office of Law Enforcement a better understanding of how often observers are victimized, which will enable them to reallocate resources as needed, conduct more training for observers to ensure they know how to report, conduct training to ensure people understand what constitutes a victim crime, and to increase awareness of potential victimizations. Additionally, the survey results will help law enforcement understand the barriers to disclosure, so enforcement may begin to address these impediments so they no longer prevent observers from disclosure. Affected Public: Federal Government, Individuals, and Households. Frequency: On Occasion. Respondent's Obligation: Voluntary. Legal Authority: Magnuson Stevens Act. [[Page 68865]] This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ``Currently under 30-day Review--Open for Public Comments'' or by using the search function and entering either the title of the collection or the OMB Control Number 0648-0759. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2024-19313 Filed 8-27-24; 8:45 am] BILLING CODE 3510-22-P

usgpo

2024-10-08T13:26:20.182571

FR

FR-2024-08-28/2024-19322

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Page 68865] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19322] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648-XE210] North Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of hybrid public meeting. ----------------------------------------------------------------------- SUMMARY: The North Pacific Fishery Management Council (Council) Partial Coverage Fishery Monitoring Advisory Committee (PCFMAC) will meet September 16, 2024. DATES: The meetings will be held on Monday, September 16, 2024, from 8:30 a.m. to 4 p.m., Alaska Time. ADDRESSES: For members attending in Seattle, the in-person component of the meeting will be held at the Alaska Fishery Science Center in Room 2079, 7600 Sand Point Way NE, Building 4, Seattle, WA 98115. If you plan to attend in-person, you need to notify Sara Cleaver ([email protected]) at least 2 days prior to the meeting (or 2 weeks prior if you are a foreign national). You will also need a valid U.S. Identification Card. For members attending in Anchorage, the in- person component of the meeting will be held at the North Pacific Fishery Management Council office, 1007 W 3rd Ave., Suite 400, Anchorage, AK 99501. If you are attending virtually, join the meeting online through the link at https://meetings.npfmc.org/Meeting/Details/3057. Council address: North Pacific Fishery Management Council, 1007 W 3rd Ave., Anchorage, Suite 400, AK 99501-2252; telephone: (907) 271- 2809. Instructions for attending the meeting are given under SUPPLEMENTARY INFORMATION, below. FOR FURTHER INFORMATION CONTACT: Sara Cleaver, Council staff; telephone: (907) 271-2809; email: [email protected]. For technical support, please contact Council administrative staff, email: [email protected]. SUPPLEMENTARY INFORMATION: Agenda Monday, September 16, 2024 The September 2024 PCFMAC agenda will include: (a) updates since the last PCFMAC meeting; (b) the 2025 Observer Annual report; (c) future scheduling, and (d) other business. The agenda is subject to change, and the latest version will be posted at https://meetings.npfmc.org/Meeting/Details/3057 prior to the meeting, along with meeting materials. Connection Information You can attend the meeting online using a computer, tablet, or smartphone, or by phone only. Connection information will be posted online at: posted at https://meetings.npfmc.org/Meeting/Details/3057. If you are attending the meeting in-person, please note that all attendees will be required to wear a mask. Public Comment Public comment letters will be accepted and should be submitted electronically to posted at https://meetings.npfmc.org/Meeting/Details/3057. Authority: 16 U.S.C. 1801 et seq. Dated: August 23, 2024. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024-19322 Filed 8-27-24; 8:45 am] BILLING CODE 3510-22-P

usgpo

2024-10-08T13:26:20.203889

FR

FR-2024-08-28/2024-19308

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68865-68866] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19308] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Atlantic Highly Migratory Species Permit Family of Forms The Department of Commerce will submit 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, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. Public comments were previously requested via the Federal Register on March 14, 2024, during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: National Oceanic and Atmospheric Administration, Commerce. Title: Atlantic Highly Migratory Species Permit Family of Forms. OMB Control Number: 0648-0327. Form Number(s): None. Type of Request: Regular submission. Request for revision and extension of a current information collection. Number of Respondents: 33,050. Average Hours per Response: Application for Renewal of Atlantic HMS Permit, 10 minutes; Initial Application for an Atlantic HMS Permit, 35 minutes; one-time application for the IMO/LR number, 30 minutes. Total Annual Burden Hours: 8,325. Needs and Uses: This request is for the revision and extension of a current information collection, which includes both vessel and dealer permits. Under the provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.), NMFS is responsible for management of the Nation's marine fisheries. In addition, NMFS must comply with the United States' obligations under the Atlantic Tunas Convention Act of 1975 (ATCA; 16 U.S.C. 971 et seq.).] Atlantic highly migratory species (HMS) fisheries are managed under the 2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments pursuant to the Magnuson-Stevens Act and consistent [[Page 68866]] with ATCA. HMS implementing regulations are at 50 CFR part 635. NMFS issues permits to fishing vessels and dealers in order to collect information necessary to comply with domestic and international obligations, secure compliance with regulations, and disseminate necessary information. Regulations at Sec. 635.4 require that vessels participating in commercial and recreational fisheries for Atlantic HMS and dealers purchasing Atlantic HMS from a vessel obtain a Federal permit issued by NMFS. This action addresses the renewal of permit applications currently approved under PRA 0648-0327. Vessel permits include Atlantic Tunas (except HMS limited access permits, including longline permits, and the HMS Caribbean Smallboat Permit, which are approved under PRA 0648- 0205), HMS Charter/Headboat, HMS Angling, and Swordfish General Commercial permits. This action also includes the one-time requirement for commercial vessels greater than 20 meters in length to obtain an International Maritime Organization/Lloyd's Registry (IMO/LR) number. This action is also being revised to include a new requirement for all HMS vessel permit applications to be submitted online starting in 2025, and the one-time requirement for all permit applicants to set up an account on the HMS permits website. The latter was implemented to make the program compatible with current federal data security requirements, and will make it easier for permit holders with multiple vessel permits to manage their permits by linking them all within a single account. Finally, the action is revised to remove the ability to submit an application for an Atlantic Tunas Purse Seine category permit, as the Atlantic Tunas Purse Seine category was discontinued as part of Amendment 13 to the 2006 Consolidated HMS Fishery Management Plan after years of inactivity in the bluefin tuna fishery. More information on that action can be found in the Amendment 13 final rule (87 FR 59966, October 3, 2022). The burden estimates in this renewal are also being updated to reflect increases in the total number of permits issued each year, and a $1 increase in the price of HMS vessel permits to $27 per permit, due to increased costs associated with maintaining and executing the program. Affected Public: Individuals or households; Business or other for- profit organizations. Frequency: Annually for HMS permits; Once for a vessel IMO/LR number. Respondent's Obligation: Mandatory. Legal Authority: Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.). This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ``Currently under 30-day Review--Open for Public Comments'' or by using the search function and entering either the title of the collection or the OMB Control Number 0648-0327. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. [FR Doc. 2024-19308 Filed 8-27-24; 8:45 am] BILLING CODE 3510-22-P

usgpo

2024-10-08T13:26:20.267295

FR

FR-2024-08-28/2024-19355

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68866-68868] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19355] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 23-18] Arms Sales Notification AGENCY: Defense Security Cooperation Agency, Department of Defense (DoD). ACTION: Arms sales notice. ----------------------------------------------------------------------- SUMMARY: The DoD is publishing the unclassified text of an arms sales notification. FOR FURTHER INFORMATION CONTACT: Neil Hedlund at [email protected] or (703) 697-9214. SUPPLEMENTARY INFORMATION: This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104- 164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives with attached Transmittal 23- 18, Policy Justification, and Sensitivity of Technology. Dated: August 23, 2024. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 6001-FR-P [[Page 68867]] [GRAPHIC] [TIFF OMITTED] TN28AU24.399 BILLING CODE 6001-FR-C Transmittal No. 23-18 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended (i) Prospective Purchaser: Government of Australia (ii) Total Estimated Value: Major Defense Equipment *............... $302 million Other................................... $204 million ------------------------------- TOTAL................................. $506 million (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: Major Defense Equipment (MDE): Up to sixty-three (63) Advanced Anti-Radiation Guided Missiles- Extended Range (AARGM-ERs) Up to twenty (20) AARGM-ER Captive Air Training Missiles (CATMs) Non-MDE: Also included are AGM-88G Advanced Anti-Radiation Guided Missile- Extended Range Dummy Air Training Missiles (AARGM-ER DATMs), containers, component parts and support equipment; Repair of Repairables; software (Classified and Unclassified); publications (Classified and Unclassified); training (Classified and Unclassified); transportation; U.S. Government and contractor engineering support; and other related elements of logistical and [[Page 68868]] program support. (iv) Military Department: Navy (AT-P-ASA) (v) Prior Related Cases, if any: None (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex (viii) Date Report Delivered to Congress: February 27, 2023 *As defined in Section 47(6) of the Arms Export Control Act. POLICY JUSTIFICATION Australia--Advanced Anti-Radiation Guided Missiles-Extended Range (AARGM-ER) The Government of Australia has requested to buy up to sixty-three (63) Advanced Anti-Radiation Guided Missiles-Extended Range (AARGM- ERs); and up to twenty (20) AARGM-ER Captive Air Training Missiles (CATMs). Also included are AGM-88G Advanced Anti-Radiation Guided Missile-Extended Range Dummy Air Training Missiles (AARGM-ER DATMs), containers, component parts and support equipment; Repair of Repairables; software (Classified and Unclassified); publications (Classified and Unclassified); training (Classified and Unclassified); transportation; U.S. Government and Contractor engineering support; and other related elements of logistical and program support. The estimated total cost is $506 million. This proposed sale will support the foreign policy and national security objectives of the United States. Australia is one of our most important allies in the Western Pacific. The strategic location of this political and economic power contributes significantly to ensuring peace and economic stability in the region. It is vital to the U.S. national interest to assist our ally in developing and maintaining a strong and ready self-defense capability. The proposed sale will improve Australia's capability to meet current and future threats by suppressing and destroying land or sea- based radar emitters associated with enemy air defenses. This capability denies the adversary the use of its air defense systems, thereby improving the survivability of Australia's tactical aircraft. Australia will have no difficulty absorbing this equipment into its armed forces. The proposed sale of this equipment and support will not alter the basic military balance in the region. The prime U.S. contractor will be the Javelin Joint Venture between Lockheed Martin in Orlando, FL and Raytheon Missiles and Defense in Tucson, AZ. There are no known offset agreements proposed in connection with this potential sale. Implementation of this proposed sale will require U.S. Government personnel and U.S. Contractor representatives to visit Australia on a temporary basis in conjunction with program technical oversight and support requirements, including program and technical reviews. There will be no adverse impact on U.S. defense readiness as a result of this proposed sale. Transmittal No. 23-l18 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii (vii) Sensitivity of Technology: 1. The AGM-88G Advanced Anti-Radiation Guided Missile-Extended Range (AARGM-ER) weapon system is an air-to-ground missile intended for Suppression of Enemy Air Defenses (SEAD) and Destruction of Enemy Air Defenses (DEAD) missions. The AARGM-ER provides suppression or destruction of enemy RADAR and denies the enemy the use of air defense systems, thereby improving the survivability of our tactical aircraft. The AGM-88G AARGM-ER Captive Air Training Missiles (CATM) is used by pilots when training for SEAD/DEAD missions. 2. The highest level of classification of defense articles, components, and services included in this potential sale is SECRET. 3. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software elements, the information could be used to develop countermeasures that might reduce weapon system effectiveness or be used in the development of a system with similar or advanced capabilities. 4. A determination has been made that Australia can provide substantially the same degree of protection for the sensitive technology being released as the U.S. Government. This sale is necessary in furtherance of the U.S. foreign policy and national security objectives outlined in the Policy Justification. 5. All defense articles and services listed in this transmittal have been authorized for release and export to Australia. [FR Doc. 2024-19355 Filed 8-27-24; 8:45 am] BILLING CODE 6001-FR-P

usgpo

2024-10-08T13:26:20.377010

FR

FR-2024-08-28/2024-19353

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68868-68870] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19353] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 22-0W] Arms Sales Notification AGENCY: Defense Security Cooperation Agency, Department of Defense (DoD). ACTION: Arms sales notice. ----------------------------------------------------------------------- SUMMARY: The DoD is publishing the unclassified text of an arms sales notification. FOR FURTHER INFORMATION CONTACT: Neil Hedlund at [email protected] or (703) 697-9214. SUPPLEMENTARY INFORMATION: This 36(b)(5)(C) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104- 164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives with attached Transmittal 22- 0W. Dated: August 23, 2024. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 6001-FR-P [[Page 68869]] [GRAPHIC] [TIFF OMITTED] TN28AU24.401 BILLING CODE 6001-FR-C Transmittal No. 22-0W REPORT OF ENHANCEMENT OR UPGRADE OF SENSITIVITY OF TECHNOLOGY OR CAPABILITY (SEC. 36(B)(5)(C), AECA) (i) Purchaser: Government of Spain (ii) Sec. 36(b)(1), AECA Transmittal No.: 18-19 Date: June 26, 2018 Implementing Agency: Navy (iii) Description: On June 26, 2018, Congress was notified by Congressional certification transmittal number 18-19, of the possible sale, under Section 36(b)(1) of the Arms Export Control Act, of five (5) AEGIS Weapons Systems (AWS) MK7, six (6) shipsets Digital Signal Processing, five (5) shipsets AWS Computing Infrastructure MARK 1 MOD 0, five (5) shipsets Operational Readiness Test Systems (ORTS), five (5) shipsets MK 99 MOD 14 Fire Control System, five (5) shipsets MK 41 Baseline VII Vertical Launching Systems (VLS), two (2) All-Up-Round MK 54 Mod 0 lightweight torpedoes, twenty (20) Standard Missile 2 (SM-2) Block IIIB missiles and MK 13 canisters with AN/DKT-71 warhead compatible telemeter. Also included was one (1) S4 AWS computer program, five (5) shipsets Ultra High Frequency (UHF) Satellite Communications (SATCOM), five (5) shipsets AN/SRQ-4 radio terminal sets, five (5) shipsets ordnance handling equipment, five (5) shipsets Selective Availability Anti-Spoofing Modules (SAASM), five (5) shipsets aviation handling and support equipment, five (5) shipsets AN/SLQ-24E Torpedo countermeasures systems, five (5) shipsets LM04 Thru-Hull XBT Launcher and test canisters, one (1) shipset MK 36 MOD 6 Decoy Launching System, five (5) shipsets Link Level COMSEC (LLC) 7M for LINK 22, five (5) shipsets Maintenance Assist Module (MAM) cabinets, five (5) shipsets technical documentation, five (5) shipsets installation support material, special purpose test equipment, system engineering, technical services, on-site vendor assistance, spare parts, systems training, foreign liaison office and staging services necessary to support ship construction and delivery, spare [[Page 68870]] and repair parts, tools and test equipment, support equipment, repair and return support, personnel training and training equipment, publications and technical documentation, U.S. Government and contractor engineering and logistics support services, and other related elements of logistic and program support. The estimated total cost was $860.4 million. Major Defense Equipment (MDE) constituted $324.4 million of this total. On June 15, 2020, Congress was notified by Congressional certification transmittal number 20-0G of an additional MDE sale of thirty (30) All-Up-Round MK 54 Lightweight Torpedoes (LWT). The following non-MDE items were also be included: MK 54 LWT expendables; MK 54 turnaround kits; MK 54 containers; one (1) MK-695 Torpedo Systems Test Set (TSTS); support equipment including fire control modification platforms and spare parts; torpedo spare parts; training; publications; software; U.S. Government and contractor engineering, technical, and logistics support services and other related elements of logistics and program support. The addition of these items resulted in a net increase in MDE cost of $45 million, resulting in a revised MDE cost of $369.4 million. The total estimated case value increased to $940.4 million. On June 8, 2022, Congress was notified by Congressional certification transmittal number 22-0G of the MDE replacement of the previously notified two (2) All Up Round MK 54 Mod 0 LWTs with two (2) Exercise MK 54 Mod 0 LWTs. Also included was additional Engineering Technical Assistance for redesign of Radar Signal Processing Group configuration and updates to International Aegis Fire Control Loop design; shipsets of SAASM units and associated spares; COMSEC equipment for use between test sites; and removal of one (1) shipset MK 36 Mod 6 Decoy Launching System. The MDE total value remained $369.4 million; however, the non-MDE estimated value increased from $571 million to $810.6 million. The total estimated case value increased to $1.18 billion. This transmittal notifies the MDE inclusion of up to an additional sixty-two (62) SM-2 Block IIIB missiles in tactical and telemetered configurations. Also included are MK 13 canisters; spare parts and associated containers; personal training and training equipment; publications and technical data; U.S. Government and contractor technical assistance; and other related elements of logistics and program support. The addition of these items will result in a net increase in MDE value of $260 million, resulting in a revised MDE value of $629.4 million. The non-MDE estimated value will increase from $810.6 million to $850.6 million. The total estimated case value will increase by $300 million to $1.48 billion. (iv) Significance: The proposed articles and services will support Spain's capability to commission its new F-110 frigates with the AEGIS Weapon System (AWS). (v) Justification: This proposed sale will support the foreign policy and national security of the United States by improving the security of a NATO ally which is an important force for political stability and economic progress in Europe. It is vital to the U.S. national interest to assist Spain in developing and maintaining a strong and ready self-defense capability. (vi) Sensitivity of Technology: The Sensitivity of Technology Statement contained in the original notification applies to items reported here. (vii) Date Report Delivered to Congress: February 27, 2023 [FR Doc. 2024-19353 Filed 8-27-24; 8:45 am] BILLING CODE 6001-FR-P

usgpo

2024-10-08T13:26:20.465045

FR

FR-2024-08-28/2024-19352

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68870-68873] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19352] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 23-08] Arms Sales Notification AGENCY: Defense Security Cooperation Agency, Department of Defense (DoD). ACTION: Arms sales notice. ----------------------------------------------------------------------- SUMMARY: The DoD is publishing the unclassified text of an arms sales notification. FOR FURTHER INFORMATION CONTACT: Neil Hedlund at [email protected] or (703) 697-9214. SUPPLEMENTARY INFORMATION: This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104- 164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives with attached Transmittal 23- 08, Policy Justification, and Sensitivity of Technology. Dated: August 23, 2024. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 6001-FR-P [[Page 68871]] [GRAPHIC] [TIFF OMITTED] TN28AU24.397 BILLING CODE 6001-FR-C Transmittal No. 23-08 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended (i) Prospective Purchaser: The Government of the Netherlands (ii) Total Estimated Value: Major Defense Equipment *............... $520 million Other................................... $150 million ------------------------------- TOTAL................................. $670 million (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: Major Defense Equipment (MDE): Twenty (20) M142 High Mobility Artillery Rocket System (HIMARS) Launchers Thirty-nine (39) M30A2 Guided Multiple Launch Rocket System (GMLRS) Alternative Warhead (AW) Missile Pods with Insensitive Munitions Propulsion System (IMPS) Thirty-eight (38) M31A2 GMLRS Unitary (GMLRS-U) High Explosive (HE) Missile Pods with IMPS Eighty (80) M57 Army Tactical Missile System (ATACMS) Missile Pods Seventeen (17) M1152A1 High Mobility Multipurpose Wheeled Vehicles (HMMWVs) Non-MDE: Also included are M28A2 Reduced Range Practice Rocket (RRPR) pods; radios with similar ``SINCGARS'' [[Page 68872]] capability, including vehicular dual long-range radio systems w/GPS; single radio, long range vehicular system w/GPS; High Frequency/VHF radios; M1084A2 cargo trucks, Family of Medium Tactical Vehicles (FMTVs) Resupply Vehicles (RSVs); M1089A2 wrecker truck, FMTVs; M1095 5-ton trailer FMTVs; Simple Key Loaders (SKLs), AN/PYQ-10; Defense Advanced Global Positioning System Receivers (DAGRs); machine gun mounts; battle management systems, Vehicle Integration Kits, ruggedized laptops, and training equipment publications for HIMARS and munitions; camouflage screen and support systems; support equipment; communications equipment; spare and repair parts; test sets; training and training equipment; publications; systems integration support; technical data; Stockpile Reliability, Quality Assurance and Technical Assistance teams; U.S. Government and contractor technical, engineering, and logistics support services; and other related elements of logistical and program support. (iv) Military Department: Army (NE-B-YAX) (v) Prior Related Cases, if any: NE-B-PBM (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None known at this time (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex (viii) Date Report Delivered to Congress: February 16, 2023 *As defined in Section 47(6) of the Arms Export Control Act. POLICY JUSTIFICATION The Netherlands--M142 High Mobility Artillery Rocket System (HIMARS) The Government of the Netherlands has requested to buy twenty (20) M142 High Mobility Artillery Rocket System (HIMARS) launchers; thirty- nine (39) M30A2 Guided Multiple Launch Rocket System (GMLRS) Alternative Warhead (AW) Missile Pods with Insensitive Munitions Propulsion System (IMPS); thirty-eight (38) M31A2 GMLRS Unitary (GMLRS- U) High Explosive (HE) Missile Pods with IMPS; eighty (80) M57 Army Tactical Missile System (ATACMS) Missile Pods; and seventeen (17) M1152A1 High Mobility Multipurpose Wheeled Vehicles (HMMWVs). Also included are M28A2 Reduced Range Practice Rocket (RRPR) pods; radios with similar ``SINCGARS'' capability, including vehicular dual long- range radio systems w/GPS; single radio, long range vehicular system w/ GPS; High Frequency/VHF radios; M1084A2 cargo trucks, Family of Medium Tactical Vehicles (FMTVs) Resupply Vehicles (RSVs); M1089A2 wrecker truck, FMTVs; M1095 5-ton trailer FMTVs; Simple Key Loaders (SKLs), AN/ PYQ-10; Defense Advanced Global Positioning System Receivers (DAGRs); machine gun mounts; battle management systems, Vehicle Integration Kits, ruggedized laptops, and training equipment publications for HIMARS and munitions; camouflage screen and support systems; support equipment; communications equipment; spare and repair parts; test sets; training and training equipment; publications; systems integration support; technical data; Stockpile Reliability, Quality Assurance and Technical Assistance teams; U.S. Government and contractor technical, engineering, and logistics support services; and other related elements of logistical and program support. The total estimated cost is $670 million. This proposed sale will support the foreign policy and national security objectives of the United States by helping to improve the security of a NATO ally that is an important force for political stability and economic progress in Europe. The proposed sale will improve the Netherlands' military goals of updating capability while further enhancing interoperability with the United States and other allies. The Netherlands intends to use these defense articles and services to modernize its armed forces and expand its capability to strengthen its homeland defense and deter regional threats. The Netherlands will have no difficulty absorbing this equipment into its armed forces. The proposed sale of this equipment and support will not alter the basic military balance in the region. The principal contractor will be Lockheed Martin, Grand Prairie, TX. There are no known offset agreements proposed in connection with this potential sale. Implementation of this proposed sale will require U.S. Government or contractor representatives to travel to the Netherlands for program management reviews to support the program. Travel is expected to occur approximately twice per year as needed to support equipment fielding and training. There will be no adverse impact on U.S. defense readiness as a result of this proposed sale. Transmittal No. 23-08 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended (vii) Sensitivity of Technology 1. The M142 High Mobility Artillery Rocket System (HIMARS) is a C- 130 transportable wheeled launcher mounted on a 5-ton Family of Medium Tactical Vehicles truck chassis. HIMARS is the modern Army-fielded version of the Multiple Launch Rocket System (MLRS) M270 launcher and can fire all of the MLRS Family of Munitions (FOM) including Guided Multiple Launch Rocket System (GMLRS) variants and the Army Tactical Missile System (ATACMS). Utilizing the MLRS FOM, the HIMARS can engage targets between 15 and 300 kilometers with GPS-aided precision accuracy. 2. The Guided Multiple Launch Rocket System (GMLRS) M31A2 Unitary is the Army's primary munition for units fielding the M142 HIMARS and M270Al Multiple Launcher Rocket System (MLRS) Launchers. The M31 Unitary is a solid propellant artillery rocket that uses Global Positioning System/Precise Positioning Service (GPS/PPS)-aided inertial guidance to accurately and quickly deliver a single high-explosive blast fragmentation warhead to targets at ranges from 15-70 kilometers. The rockets are fired from a launch pod container that also serves as the storage and transportation container for the rockets. Each rocket pod holds six (6) total rockets. 3. The M30A2 GMLRS Alternative Warhead shares a greater than 90% commonality with the M31A1 Unitary. The primary difference between the GMLRS-U and GMLRS-AW is the replacement of the Unitary' s high explosive warhead with a 200-pound fragmentation warhead of pre-formed tungsten penetrators which is optimized for effectiveness against large area and imprecisely located targets. The munitions otherwise share a common motor, GPS/PPS-aided inertial guidance and control system, fuzing mechanism, multi-option height of burst capability, and effective range of 15-70km. 4. The M57 Army Tactical Missile System (ATACMS)--Unitary is a conventional, semi-ballistic missile that utilizes a 500-pound high explosive warhead. It has an effective range of between 70 and 300 kilometers and has increased lethality and accuracy over previous versions of the ATACMS due to a GPS/Precise Position System (PPS) aided navigation system. 5. The highest level of classification of defense articles, components, and [[Page 68873]] services included in this potential sale is SECRET. 6. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software elements, the information could be used to develop countermeasures that might reduce weapon system effectiveness or be used in the development of a system with similar or advanced capabilities. 7. A determination has been made that the Netherlands can provide substantially the same degree of protection for the sensitive technology being released as the U.S. Government. This sale is necessary in furtherance of the U.S. foreign policy and national security objectives outlined in the Policy Justification. 8. All defense articles and services listed in this transmittal have been authorized for release and export to the Government of the Netherlands. [FR Doc. 2024-19352 Filed 8-27-24; 8:45 am] BILLING CODE 6001-FR-P

usgpo

2024-10-08T13:26:20.478315

FR

FR-2024-08-28/2024-19354

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68873-68874] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19354] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 23-0E] Arms Sales Notification AGENCY: Defense Security Cooperation Agency, Department of Defense (DoD). ACTION: Arms sales notice. ----------------------------------------------------------------------- SUMMARY: The DoD is publishing the unclassified text of an arms sales notification. FOR FURTHER INFORMATION CONTACT: Neil Hedlund at [email protected] or (703) 697-9214. SUPPLEMENTARY INFORMATION: This 36(b)(5)(C) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104- 164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives with attached Transmittal 23- 0E. Dated: August 23, 2024. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 6001-FR-P [GRAPHIC] [TIFF OMITTED] TN28AU24.398 [[Page 68874]] BILLING CODE 6001-FR-C Transmittal No. 23-0E REPORT OF ENHANCEMENT OR UPGRADE OF SENSITIVITY OF TECHNOLOGY OR CAPABILITY (SEC. 36(B)(5)(C), AECA) (i) Purchaser: Government of Finland (ii) Sec. 36(b)(1), AECA Transmittal No.: 17-77 Date: February 5, 2018 Military Department: Navy (iii) Description: On February 5, 2018, Congress was notified by Congressional certification transmittal number 17-77 of the possible sale, under Section 36(b)(1) of the Arms Export Control Act, of sixty- eight (68) Evolved SEASPARROW Missiles (ESSM) and one (1) ESSM inert operational missile. Also included were seventeen (17) MK25 quad pack canisters, eight (8) MK783 shipping containers, spare and repair parts, support and test equipment, publications and technical documentation, training, U.S. Government/Contractor engineering, technical and logistics support services and technical assistance, and other related elements of logistical support. The estimated total cost was $112.7 million. Major Defense Equipment (MDE) constituted $92.6 million of this total. This transmittal notifies the inclusion of the following MDE items: eighty-four (84) RIM-162J Evolved SEASPARROW Missiles (ESSM), Block 2; to replace the previously notified sixty-eight (68) ESSMs. Also included are MK25 quad pack canisters and MK852 shipping containers. The addition of these items will result in a net increase in MDE value of $81.4 million, resulting in a revised MDE value of $174 million. The non-MDE estimated value will increase from $20.1 million to $28.9 million. The total estimated case value will increase by $90.2 million to $202.9 million. (iv) Significance: The inclusion of this MDE represents an increase in capability over the Block 1 ESSMs previously notified. Finland intends to use the missiles on its new Squadron 2020 class Corvette ships. The missiles will provide enhanced capabilities in effective defense of critical sea lanes and improve Finland's capability to meet current and future enemy anti-ship weapon threats. Finland previously requested ESSM Block 1s, but cancelled the procurement to await the Block 2s. (v) Justification: This proposed sale will support the foreign policy and national security of the United States by improving the security of a trusted partner which is an important force for political stability and economic progress in Europe. It is vital to the U.S. national interest to assist Finland in developing and maintaining a strong and ready self-defense capability. (vi) Sensitivity of Technology: The RIM-162J ESSM Block 2 is an upgrade to the Block 1, which is a kinematic upgrade to the RIM-7P SEASPARROW Missile that leverages U.S. guidance technology. ESSM Block 1 is a medium-range, semi-active homing missile that makes flight corrections via radar and midcourse data uplinks. The guidance system is semi-active on continuous wave or interrupted continuous wave illumination. The missile provides reliable ship self-defense capability against agile, high-speed, low-altitude anti-ship cruise missiles (ASCMs) and low velocity air threats (LVATs) such as helicopters and high-speed, maneuverable surface threats. The ESSM Block 2 utilizes the same propulsion section and increases the diameter of the guidance section to 10-inches. The new guidance section utilizes a dual seeker head that employs semi-active and active guidance. The highest level of classification of defense articles, components, and services included in this potential sale is SECRET. (vii) Date Report Delivered to Congress: February 27, 2023 [FR Doc. 2024-19354 Filed 8-27-24; 8:45 am] BILLING CODE 6001-FR-P

usgpo

2024-10-08T13:26:20.516223

FR

FR-2024-08-28/C1-2024-18294

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68874-68875] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: C1-2024-18294] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 22-63] Arms Sales Notification Correction In notice document 2024-18294, appearing on pages 66360-66362, in the issue of Thursday, August 15, 2024, make the following correction: On page 66361, an incorrect graphic referencing Transmittal No. 22- 69 was inadvertently published in error. The correct graphic for Transmittal No. 22-63 is corrected to appear as set forth below: BILLING CODE 0099-10-P [[Page 68875]] [GRAPHIC] [TIFF OMITTED] TN28AU24.402 [FR Doc. C1-2024-18294 Filed 8-27-24; 8:45 am] BILLING CODE 0099-10-C

usgpo

2024-10-08T13:26:20.553484

FR

FR-2024-08-28/2024-19294

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68875-68876] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19294] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary Uniform Formulary Beneficiary Advisory Panel; Notice of Federal Advisory Committee Meetings AGENCY: Under Secretary of Defense for Personnel and Readiness, Department of Defense (DoD). ACTION: Notice of Federal advisory committee meetings. ----------------------------------------------------------------------- SUMMARY: The DoD is publishing this notice to announce the following Federal Advisory Committee meetings of the Uniform Formulary Beneficiary Advisory Panel (UFBAP) will take place. DATES: Open to the public, Wednesday, September 25th, 2024, 10:00 a.m.- 1:00 p.m. Eastern Standard Time (EST). Wednesday, December 18th, 2024, 10:00 a.m.-1:00 p.m. EST. ADDRESSES: The meetings will be held telephonically or via conference call. The phone number for the remote access is CONUS: 1-888-831-4306; OCONUS: 1-210-234-8694; PARTICIPANT CODE: 9136304. These numbers and the dial-in instructions will also be posted on the UFBAP website at: https://www.health.mil/Military-Health-Topics/Access-Cost-Quality-and-Safety/Pharmacy-Operations/BAP. FOR FURTHER INFORMATION CONTACT: Designated Federal Official (DFO) Captain Tiffany F. Cline, USN, 703-681-2890 (voice), [email protected] (email). Mailing address is 7700 Arlington Boulevard, Suite 5101, Falls Church, VA 22042-5101. Website: https://www.health.mil/Military-Health-Topics/Access-Cost-Quality-and-Safety/Pharmacy-Operations/BAP. The most up-to-date changes to the meeting agendas can be found on the website. SUPPLEMENTARY INFORMATION: These meetings are being held under the provisions of chapter 10 of title 5, United States Code (U.S.C.) (commonly [[Page 68876]] known as the ``Federal Advisory Committee Act'' or ``FACA'') and 41 Code of Federal Regulations (CFR) 102-3.140 and 102-3.150. Purpose of the Meetings: The UFBAP will review and comment on recommendations made by the Pharmacy and Therapeutics Committee to the Director, Defense Health Agency regarding the Uniform Formulary. Agenda: Both the September 25, 2024 and the December 18, 2024 meetings will follow the same agenda. 1. 10:00 a.m.-10:10 a.m. Sign in for UFBAP members 2. 10:10 a.m.-10:40 a.m. Welcome and Opening Remarks a. Welcome, Opening Remarks, and Introduction of UFBAP Members by CAPT Tiffany F. Cline, DFO, UFBAP b. Public Written Comments by CAPT Tiffany F. Cline, DFO, UFBAP c. Opening Remarks by Dr. Pamela Schweitzer, UFBAP Chair d. Introductory Remarks by Dr. Edward Vonberg, Chief, Formulary Management Branch 3. 10:40 a.m.-11:45 a.m. Scheduled Therapeutic Class Reviews 4. 11:45 a.m.-12:30 p.m. Newly Approved Drugs Review 5. 12:30 p.m.-12:45 p.m. Pertinent Utilization Management Issues 6. 12:45 p.m.-1:00 p.m. Closing remarks a. Closing Remarks by UFBAP Co-Chair b. Closing Remarks by DFO, UFBAP Meeting Accessibility: Pursuant to 5 U.S.C. 1009(a)(1) and 41 CFR 102-3.140 through 102-3.165, and subject to the availability of phone lines, the meetings are open to the public. Telephone lines are limited and available to the first 220 people dialing in. There will be 220 lines total: 200 domestic and 20 international, including leader lines. Written Statements: Pursuant to 41 CFR 102-3.105(j) and 102- 3.140(c), and 5 U.S.C. 1009(a)(3), interested persons or organizations may submit written statements to the UFBAP about its mission and/or the agenda to be addressed in the public meetings. Written statements should be submitted to the UFBAP's DFO. The DFO's contact information can be found in the FOR FURTHER INFORMATION CONTACT section of this notice. Written comments or statements must be received by the UFBAP's DFO at least five (5) calendar days prior to a meeting so they may be made available to the UFBAP for its consideration prior to a meeting. Written comments received are releasable to the public. The DFO will review all submitted written statements and provide copies to UFBAP. Dated: August 21, 2024. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2024-19294 Filed 8-27-24; 8:45 am] BILLING CODE 6001-FR-P

usgpo

2024-10-08T13:26:20.594142

FR

FR-2024-08-28/2024-19351

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68876-68878] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19351] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 23-05] Arms Sales Notification AGENCY: Defense Security Cooperation Agency, Department of Defense (DoD). ACTION: Arms sales notice. ----------------------------------------------------------------------- SUMMARY: The DoD is publishing the unclassified text of an arms sales notification. FOR FURTHER INFORMATION CONTACT: Neil Hedlund at [email protected] or (703) 697-9214. SUPPLEMENTARY INFORMATION: This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104- 164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives with attached Transmittal 23-05 and Policy Justification. Dated: August 23, 2024. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 6001-FR-P [[Page 68877]] [GRAPHIC] [TIFF OMITTED] TN28AU24.400 BILLING CODE 6001-FR-C Transmittal No. 23-05 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended (i) Prospective Purchaser: Government of Kuwait (ii) Total Estimated Value: Major Defense Equipment *............... $ 0 million Other................................... $250 million ------------------------------- Total................................. $250 million Funding Source: National Funds (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: The Government of Kuwait has requested to buy planning, integration, implementation, and maintenance of a Medical Information System for their Kuwait Military Medical Command (KMMC) that consists of: MDE: None Non-MDE: Health Information Systems (HIS) Information Technology (IT) hardware and software, IT infrastructure, implementation of life-cycle management practices, training, maintenance, support and warranty services, along with U.S. Government and contractor engineering, technical and logistics support services; and other related elements of logistical and program support. (iv) Military Department: Army (KU-B-UXY). [[Page 68878]] (v) Prior Related Cases, if any: None. (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None. (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: None. (viii) Date Report Delivered to Congress: February 14, 2023. * As defined in Section 47(6) of the Arms Export Control Act. Policy Justification Kuwait--Medical Information System for Kuwait Military Medical Command (KMMC) The Government of Kuwait has requested to buy planning, integration, implementation, and maintenance of a Medical Information System for its KMMC that consists of: Health Information Systems Information Technology (IT) hardware and software, IT infrastructure, implementation of life-cycle management practices, training, maintenance, support and warranty services, along with U.S. Government and contractor engineering, technical and logistics support services; and other related elements of logistical and program support. The estimated total cost is $250 million. This proposed sale will support the foreign policy and national security objectives of the United States by helping to improve the infrastructure of a Major Non-NATO ally that has been and continues to be an important force for political stability and economic progress in the Middle East. This proposed sale will improve Kuwait's capability to provide greater health security for its KMMC infrastructure. Kuwait will use the enhanced capability to strengthen its medical services management. Kuwait will have no difficulty absorbing this infrastructure, support, and associated services into its armed forces. The proposed sale of this equipment and support will not alter the basic military balance in the region. The principal contractor will be the Cerner Corporation, Kansas City, Missouri. There are no known offset agreements proposed in connection with this potential sale. Implementation of this proposed sale will require the assignment of as many as fifteen (15) additional U.S. Government or U.S. contractor representatives to Kuwait for a duration of up to seven (7) years to provide systems planning, implementation, management, and oversight. There will be no adverse impact on U.S. defense readiness as a result of this proposed sale. [FR Doc. 2024-19351 Filed 8-27-24; 8:45 am] BILLING CODE 6001-FR-P

usgpo

2024-10-08T13:26:20.630007

FR

FR-2024-08-28/2024-19309

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68878-68880] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19309] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION Annual Notice of Interest Rates for Fixed-Rate Federal Student Loans Made Under the William D. Ford Federal Direct Loan Program AGENCY: Federal Student Aid, Department of Education. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Chief Operating Officer for Federal Student Aid announces the interest rates for Federal Direct Stafford/Ford Loans (Direct Subsidized Loans), Federal Direct Unsubsidized Stafford/Ford Loans (Direct Unsubsidized Loans), and Federal Direct PLUS Loans (Direct PLUS Loans) made under the William D. Ford Federal Direct Loan (Direct Loan) Program, Assistance Listing Number 84.268, with first disbursement dates on or after July 1, 2024, and before July 1, 2025. FOR FURTHER INFORMATION CONTACT: Travis Sturlaugson, U.S. Department of Education, 830 First Street NE, Washington, DC 20202. Telephone: 202- 377-4174 or by email: [email protected]. If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7-1-1. SUPPLEMENTARY INFORMATION: Direct Subsidized Loans, Direct Unsubsidized Loans, Direct PLUS Loans, and Direct Consolidation Loans (collectively referred to as ``Direct Loans'') may have either fixed or variable interest rates, depending on when the loan was first disbursed or, in the case of a Direct Consolidation Loan, when the application for the loan was received. Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans first disbursed on or after July 1, 2006, and Direct Consolidation Loans for which the application was received on or after February 1, 1999, have fixed interest rates that apply for the life of the loan. Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans first disbursed before July 1, 2006, and Direct Consolidation Loans for which the application was received before February 1, 1999, have variable interest rates that are determined annually and are in effect during the period from July 1 of one year through June 30 of the following year. This notice announces the fixed interest rates for Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans with first disbursement dates on or after July 1, 2024, and before July 1, 2025, and provides interest rate information for other fixed-rate Direct Loans. Interest rate information for variable-rate Direct Loans is announced in a separate Federal Register notice. Fixed-Rate Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans First Disbursed on or After July 1, 2013 Section 455(b) of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1087e(b)), includes formulas for determining the interest rates for all Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans first disbursed on or after July 1, 2013. The interest rate for these loans is a fixed rate that is determined annually for all loans first disbursed during any 12-month period beginning on July 1 and ending on June 30. The rate is equal to the high yield of the 10-year Treasury notes auctioned at the final auction held before June 1 of that 12-month period, plus a statutory add-on percentage that varies depending on the loan type and, for Direct Unsubsidized Loans, whether the loan was made to an undergraduate or graduate student. The calculated interest rate may not exceed a maximum rate specified in the HEA. If the interest rate formula results in a rate that exceeds the statutory maximum rate, the rate is the statutory maximum rate. Loans first disbursed during different 12-month periods that begin on July 1 and end on June 30 may have different interest rates, but the rate determined for any loan is a fixed interest rate for the life of the loan. On May 8, 2024, the United States Treasury Department held a 10- year Treasury note auction that resulted in a high yield of 4.483 percent, rounded to 4.48 percent. Chart 1 shows the fixed interest rates for Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans first disbursed on or after July 1, 2024, and before July 1, 2025. [[Page 68879]] Chart 1--Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans First Disbursed on or After 07/01/2024 and Before 07/01/2025 ---------------------------------------------------------------------------------------------------------------- 10-year treasury note Maximum rate Fixed interest Loan type Borrower type high yield 05/ Add-on (%) (%) rate (%) 8/2024 (%) ---------------------------------------------------------------------------------------------------------------- Direct Subsidized Loans; Undergraduate 4.48 2.05 8.25 6.53 Direct Unsubsidized Loans. students. Direct Unsubsidized Loans \1\. Graduate and 4.48 3.60 9.50 8.08 professional students. Direct PLUS Loans............. Parents of 4.48 4.60 10.50 9.08 dependent undergraduate students; Graduate and professional students. ---------------------------------------------------------------------------------------------------------------- For reference, Chart 2 compares the fixed interest rates for Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans first disbursed during the period July 1, 2024, through June 30, 2025, with the fixed interest rates for loans first disbursed during each previous 12-month period from July 1, 2013, through June 30, 2024. --------------------------------------------------------------------------- \1\ Graduate and professional students are not eligible to receive Direct Subsidized Loans. \2\ Effective for loan periods beginning on or after July 1, 2012, graduate and professional students are no longer eligible to receive Direct Subsidized Loans. Chart 2--Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans First Disbursed on or After 07/01/2013 and Before 07/01/2025 -------------------------------------------------------------------------------------------------------------------------------------------------------- First disbursed Fixed interest rates (%) ----------------------------------------------------------------------------------------------------- Direct Subsidized Direct Loans; Direct Unsubsidized Loans Federal Register Notice On/after Before Unsubsidized Loans (graduate or Direct PLUS (undergraduate professional loans students) students) -------------------------------------------------------------------------------------------------------------------------------------------------------- 07/01/2024.................. 07/01/2025 6.53 8.08 9.08 N/A. 07/01/2023.................. 07/01/2024 5.50 7.05 8.05 88 FR 82863 (November 27, 2023). 07/01/2022.................. 07/01/2023 4.99 6.54 7.54 87 FR 50326 (August 16, 2022). 07/01/2021.................. 07/01/2022 3.73 5.28 6.28 86 FR 44003 (August 11, 2021). 07/01/2020.................. 07/01/2021 2.75 4.30 5.30 85 FR 48229 (August 10, 2020). 07/01/2019.................. 07/01/2020 4.53 6.08 7.08 85 FR 2417 (January 15, 2020). 07/01/2018.................. 07/01/2019 5.05 6.60 7.60 83 FR 53864 (October 25, 2018). 07/01/2017.................. 07/01/2018 4.45 6.00 7.00 82 FR 29062 (June 27, 2017). 07/01/2016.................. 07/01/2017 3.76 5.31 6.31 81 FR 38159 (June 13, 2016). 07/01/2015.................. 07/01/2016 4.29 5.84 6.84 80 FR 42488 (July 17, 2015). 07/01/2014.................. 07/01/2015 4.66 6.21 7.21 79 FR 37301 (July 1, 2014). 07/01/2013.................. 07/01/2014 3.86 5.41 6.41 78 FR 59011 (September 25, 2013). -------------------------------------------------------------------------------------------------------------------------------------------------------- Fixed-Rate Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans First Disbursed on or After July 1, 2006, and Before July 2, 2013 Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans first disbursed on or after July 1, 2006, and before July 1, 2013, have fixed interest rates that are specified in section 455(b) of the HEA (20 U.S.C. 1087e(b)). Chart 3 shows the interest rates for these loans. Chart 3--Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans First Disbursed on or After 07/01/2006 and Before 07/01/2013 ---------------------------------------------------------------------------------------------------------------- First First Loan type Borrower type disbursed on/ disbursed Interest rate after before (%) ---------------------------------------------------------------------------------------------------------------- Subsidized......................... Undergraduate students..... 07/01/2011 07/01/2013 3.40 Subsidized......................... Undergraduate students..... 07/01/2010 07/01/2011 4.50 Subsidized......................... Undergraduate students..... 07/01/2009 07/01/2010 5.60 Subsidized......................... Undergraduate students..... 07/01/2008 07/01/2009 6.00 Subsidized......................... Undergraduate students..... 07/01/2006 07/01/2008 6.80 Subsidized......................... Graduate or professional 07/01/2006 \2\ 07/01/2012 6.80 students. Unsubsidized....................... Undergraduate and graduate 07/01/2006 07/01/2013 6.80 or professional students. PLUS............................... Graduate or professional 07/01/2006 07/01/2013 7.90 students and parents of dependent undergraduate students. ---------------------------------------------------------------------------------------------------------------- [[Page 68880]] Fixed-Rate Direct Consolidation Loans Section 455(b) of the HEA specifies that all Direct Consolidation Loans for which the application was received on or after February 1, 1999, have a fixed interest rate that is equal to the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent. For Direct Consolidation Loans for which the application was received on or after February 1, 1999, and before July 1, 2013, the interest rate may not exceed 8.25 percent. However, under section 455(b) of the HEA, the 8.25 percent interest rate cap does not apply to Direct Consolidation Loans made based on applications received on or after July 1, 2013. Chart 4 shows the interest rates for fixed-rate Direct Consolidation Loans. Chart 4--Direct Consolidation Loans Made Based on Applications Received on or After 02/01/1999 ------------------------------------------------------------------------ Maximum Application received Interest rate (%) interest rate (%) ------------------------------------------------------------------------ On/after 07/01/2013............... Weighted average of None the interest rates on the loans consolidated, rounded to the nearest higher one- eighth of one percent. On/after 02/01/1999 and before 07/ (same as above)..... 8.25 01/2013. ------------------------------------------------------------------------ Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Program Authority: 20 U.S.C. 1087, et seq. Denise Carter, Acting Chief Operating Officer, Federal Student Aid. [FR Doc. 2024-19309 Filed 8-27-24; 8:45 am] BILLING CODE 4000-01-P

usgpo

2024-10-08T13:26:20.654790

FR

FR-2024-08-28/2024-19310

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68880-68882] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19310] ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION Annual Notice of Interest Rates for Variable-Rate Federal Student Loans Made Under the William D. Ford Federal Direct Loan Program AGENCY: Federal Student Aid, Department of Education. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Chief Operating Officer for Federal Student Aid announces the interest rates for Federal Direct Stafford/Ford Loans (Direct Subsidized Loans), Federal Direct Unsubsidized Stafford/Ford Loans (Direct Unsubsidized Loans), and Federal Direct PLUS Loans (Direct PLUS Loan), Assistance Listing Number 84.268, with first disbursement dates before July 1, 2006, and for Federal Direct Consolidation Loans (Direct Consolidation Loans) for which the application was received before February 1, 1999. The rates announced in this notice are in effect for the period July 1, 2024, through June 30, 2025. FOR FURTHER INFORMATION CONTACT: Travis Sturlaugson, U.S. Department of Education, 830 First Street NE, Washington, DC 20202. Telephone: 202- 377-4174 or by email: [email protected]. If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7-1-1. SUPPLEMENTARY INFORMATION: Direct Subsidized Loans, Direct Unsubsidized Loans, Direct PLUS Loans, and Direct Consolidation Loans (collectively referred to as ``Direct Loans'') may have either fixed or variable interest rates, depending on when the loan was first disbursed or, in the case of a Direct Consolidation Loan, when the application for the loan was received. Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans first disbursed before July 1, 2006, and Direct Consolidation Loans for which the application was received before February 1, 1999, have variable interest rates. For these loans, a new rate is determined annually and is in effect during the period from July 1 of one year through June 30 of the following year. Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans first disbursed on or after July 1, 2006, and Direct Consolidation Loans for which the application was received on or after February 1, 1999, have fixed interest rates that apply for the life of the loan. This notice announces the interest rates for variable-rate Direct Loans that will apply during the period from July 1, 2024, through June 30, 2025. Interest rate information for fixed-rate Direct Loans is announced in a separate notice published in the Federal Register. Interest rates for variable-rate Direct Loans are determined in accordance with formulas specified in section 455(b) of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1087e(b)). The formulas vary depending on loan type and when the loan was first disbursed or, for certain Direct Consolidation Loans, when the application for the loan was received. The HEA specifies a maximum interest rate for these loan types. If the interest rate formula results in a rate that exceeds the statutory maximum rate, the rate is the statutory maximum rate. Variable-Rate Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans For Direct Subsidized Loans and Direct Unsubsidized Loans with first disbursement dates before July 1, 2006, and for Direct PLUS Loans with first disbursement dates on or after July 1, 1998, and before July 1, 2006, the interest rate is equal to the lesser of-- [[Page 68881]] (1) The bond equivalent rate of 91-day Treasury bills auctioned at the final auction held before the June 1 immediately preceding the 12- month period to which the interest rate applies, plus a statutory add- on percentage; or (2) 8.25 percent (for Direct Subsidized Loans and Direct Unsubsidized Loans) or 9.00 percent (for Direct PLUS Loans). For Direct Subsidized Loans and Direct Unsubsidized Loans with first disbursement dates on or after July 1, 1995, and before July 1, 2006, the statutory add-on percentage varies depending on whether the loan is in an in-school, grace, or deferment status, or in any other status. For all other loans, the statutory add-on percentage is the same during any status. The bond equivalent rate of 91-day Treasury bills auctioned on May 28, 2024, is 5.40 percent. For Direct PLUS Loans with first disbursement dates before July 1, 1998, the interest rate is equal to the lesser of-- (1) The weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the last calendar week ending on or before the June 26 preceding the 12-month period to which the interest rate applies, plus a statutory add-on percentage; or (2) 9.00 percent. The weekly average of the one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the last calendar week ending on or before June 26, 2024, is 5.10 percent. Variable-Rate Direct Consolidation Loans A Direct Consolidation Loan may have up to three components, depending on the types of loans that were repaid by the consolidation loan and when the application for the consolidation loan was received. The three components are called Direct Subsidized Consolidation Loans, Direct Unsubsidized Consolidation Loans, and (only for Direct Consolidation Loans made based on applications received before July 1, 2006) Direct PLUS Consolidation Loans. In most cases the interest rates for variable-rate Direct Subsidized Consolidation Loans, Direct Unsubsidized Consolidation Loans, and Direct PLUS Consolidation Loans are determined in accordance with the same formulas that apply to Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans, respectively. Interest Rate Charts Charts 1 and 2 show the interest rate formulas used to determine the interest rates for all variable-rate Direct Loans and the rates that are in effect during the 12-month period from July 1, 2024, through June 30, 2025. Chart 1 shows the interest rates for loans with rates based on the 91-day Treasury bill rate. Chart 2 shows the interest rates for loans with rates based on the weekly average of the one-year constant maturity Treasury yield. Chart 1--Direct Subsidized Loans, Direct Unsubsidized Loans, Direct Subsidized Consolidation Loans, Direct Unsubsidized Consolidation Loans, Direct PLUS Loans, and Direct PLUS Consolidation Loans [Interest rates based on 91-day treasury bill] -------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------- Loan type Cohort............... 91-day T-bill Add-on (%) Maximum rate Interest rate 07/01/24 through rate 05/28/24 (%) 06/30/25 (%) (%) -------------------------------------------------------------------------------------------------------------------------------------------------------- Subsidized, Unsubsidized..... First disbursed on/ 5.40 1.70 (in- 2.30 (any other 8.25 7.10 (in- 7.70 (any other after 07/01/98 and school, grace, status). school, grace, status) before 07/01/06. deferment). deferment). Subsidized Consolidation, First disbursed on/ Unsubsidized Consolidation. after 07/01/98 and before 10/01/98; or Application received before 10/01/98 and first disbursed on/ after 10/01/98. -------------------------------------------------------------------------------------------------------------------------------------------------------- PLUS......................... First disbursed on/ 5.40 3.10 9.00 8.50 after 07/01/98 and before 07/01/06. PLUS Consolidation........... First disbursed on/ .............. .............. after 07/01/1998 and before 10/01/1998; or Application received before 10/ 01/98 and first disbursed on/after 10/01/98. -------------------------------------------------------------------------------------------------------------------------------------------------------- Subsidized, Unsubsidized, First disbursed on/ 5.40 2.50 (in- 3.10 (any other 8.25 7.90 (in- 8.25 (any other Subsidized Consolidation, after 07/01/95 and school, grace, status). school, grace, status) Unsubsidized Consolidation. before 07/01/98. deferment). deferment). -------------------------------------------------------------------------------------------------------------------------------------------------------- Subsidized, Unsubsidized, First disbursed 5.40 3.10 8.25 8.25 Subsidized Consolidation, before 07/01/95. Unsubsidized Consolidation. -------------------------------------------------------------------------------------------------------------------------------------------------------- Subsidized Consolidation, Application received 5.40 2.30 8.25 7.70 Unsubsidized Consolidation, on/after 10/01/98 PLUS Consolidation. and before 02/01/99. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 68882]] Chart 2--Direct PLUS Loans and Direct PLUS Consolidation Loans [Interest rates based on weekly average of one-year constant maturity treasury yield] -------------------------------------------------------------------------------------------------------------------------------------------------------- Weekly average of 1- year constant maturity treasury Interest rate 07/ Loan type Cohort yield for last Add-on (%) Maximum rate 01/24 through 06/ calendar week ending (%) 30/25 (%) on or before 06/26/ 24 (%) -------------------------------------------------------------------------------------------------------------------------------------------------------- PLUS; PLUS Consolidation..................... First disbursed before 07/01/98. 5.10 3.10 9.00 8.20 -------------------------------------------------------------------------------------------------------------------------------------------------------- Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Program Authority: 20 U.S.C. 1087 et seq. Denise Carter, Acting Chief Operating Officer, Federal Student Aid. [FR Doc. 2024-19310 Filed 8-27-24; 8:45 am] BILLING CODE 4000-01-P

usgpo

2024-10-08T13:26:20.717746

FR

FR-2024-08-28/2024-19293

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68882-68883] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19293] ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION [Docket No.: ED-2024-SCC-0080] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Evaluation of the REL Southeast Early Literacy Toolkit AGENCY: Institute of Education Sciences (IES), Department of Education (ED). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing a new information collection request (ICR). DATES: Interested persons are invited to submit comments on or before September 27, 2024. ADDRESSES: Written comments and recommendations for proposed information collection requests should be submitted within 30 days of publication of this notice. Click on this link www.reginfo.gov/public/do/PRAMain to access the site. Find this information collection request (ICR) by selecting ``Department of Education'' under ``Currently Under Review,'' then check the ``Only Show ICR for Public Comment'' checkbox. Reginfo.gov provides two links to view documents related to this information collection request. Information collection forms and instructions may be found by clicking on the ``View Information Collection (IC) List'' link. Supporting statements and other supporting documentation may be found by clicking on the ``View Supporting Statement and Other Documents'' link. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Janelle Sands, 202-245-6786. SUPPLEMENTARY INFORMATION: The Department is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Evaluation of the REL Southeast Early Literacy Toolkit. OMB Control Number: 1850-NEW. Type of Review: A new ICR. Respondents/Affected Public: Individuals and Households. Total Estimated Number of Annual Responses: 1,330. Total Estimated Number of Annual Burden Hours: 322. Abstract: The U.S. Department of Education is supporting the development and evaluation of a toolkit that will support the implementation of effectively differentiated reading instruction for students in grades K-3. This toolkit is based on evidence-based recommendation in the Assisting Students Struggling with Reading: Response to Intervention (RtI) and Multi-Tier Intervention in the Primary Grades practice guide. The evaluation will rigorously test the efficacy of the toolkit in improving explicit instruction, classroom management, and use of student data as well as student learning outcomes in grades K-3 English language arts. The evaluation will use a blocked randomized control trial design in which districts are blocks and schools are randomly assigned to receive the toolkit or not. The evaluation will be conducted in 20 Florida schools during the 2025/26 school year. The evaluation will focus on measuring the toolkit's impact on three teacher-level outcomes: explicit instruction, classroom management, and data use to inform instruction during small group time. The evaluation also will examine the impact of the toolkit on students' foundational reading skills. In addition to collecting data to measure teacher and student outcomes, the evaluation team will collect data to document the implementation of the toolkit in treatment schools and the service contrast between treatment and control schools, and to describe the characteristics of participating schools, teachers, and students at baseline. The evaluation will produce a publicly available report that summarizes evaluation findings. The [[Page 68883]] findings from the evaluation will inform further refinement of the toolkit, to be released to the public after the evaluation. Dated: August 22, 2024. Juliana Pearson, PRA Coordinator, Strategic Collections and Clearance, Governance and Strategy Division, Office of Chief Data Officer, Office of Planning, Evaluation and Policy Development. [FR Doc. 2024-19293 Filed 8-27-24; 8:45 am] BILLING CODE 4000-01-P

usgpo

2024-10-08T13:26:20.762538

FR

FR-2024-08-28/2024-19311

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68883-68885] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19311] ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION Annual Notice of Interest Rates for Variable-Rate Federal Student Loans Made Under the Federal Family Education Loan Program Prior to July 1, 2010 AGENCY: Federal Student Aid, Department of Education. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Chief Operating Officer for Federal Student Aid announces the interest rates for loans made under the Federal Family Education Loan (FFEL) Program, Assistance Listing Number 84.032, that have variable interest rates. The rates announced in this notice are in effect for the period July 1, 2024, through June 30, 2025. FOR FURTHER INFORMATION CONTACT: Travis Sturlaugson, U.S. Department of Education, 830 First Street NE, Washington, DC 20202. Telephone: 202- 377-4174. Email: [email protected]. If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7-1-1. SUPPLEMENTARY INFORMATION: Section 427A of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1077a), provides formulas for determining the interest rates charged to borrowers on loans made under the FFEL Program, including Federal Subsidized and Unsubsidized Stafford Loans (Stafford Loans), Federal PLUS Loans (PLUS Loans), Federal Consolidation Loans (Consolidation Loans), and Federal Supplemental Loans for Students (SLS Loans). No new loans have been made under the FFEL Program since June 30, 2010. The FFEL Program includes loans with variable interest rates that change each year and loans with fixed interest rates that remain the same for the life of the loan. For loans with a variable interest rate, the specific interest rate formula that applies to a particular loan depends on the date of the first disbursement of the loan or, in the case of a Consolidation Loan, the date the application for the loan was received. If a loan has a variable interest rate, a new rate is determined annually and is in effect during the period from July 1 of one year through June 30 of the following year. This notice announces the interest rates for variable-rate FFEL Program loans that will be in effect during the period from July 1, 2024, through June 30, 2025. Interest rates for fixed-rate FFEL Program loans may be found in a Federal Register notice published on September 15, 2015 (80 FR 55342). For the majority of variable-rate FFEL Program loans, the annual interest rate is equal to the lesser of-- (1) The bond equivalent rate of the 91-day Treasury bills auctioned at the final auction held before June 1 of each year, plus a statutory add-on percentage; or (2) A statutorily established maximum interest rate. The bond equivalent rate of the 91-day Treasury bills auctioned on May 28, 2024, is 5.40 percent. For PLUS Loans first disbursed before July 1, 1998, and for all SLS Loans, the annual interest rate is equal to the lesser of-- (1) The weekly average of the one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the last calendar week ending on or before June 26 of each year, plus a statutory add-on percentage; or (2) A statutorily established maximum interest rate. The weekly average of the one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the last calendar week ending on or before June 26, 2024, is 5.10 percent. For Consolidation Loans that have a variable interest rate, the annual interest rate for the portion of a Consolidation Loan that repaid loans other than loans made under the Health Education Assistance Loans (HEAL) Program is equal to-- (1) The bond equivalent rate of the 91-day Treasury bill auctioned at the final auction held before June 1 of each year, plus a statutory add-on percentage; or (2) A statutorily established maximum interest rate. If a Consolidation Loan (whether a variable-rate loan or a fixed- rate loan) repaid loans made under the HEAL Program, the interest rate on the portion of the Consolidation Loan that repaid HEAL loans is a variable rate that is equal to the average of the bond equivalent rates of the 91-day Treasury bills auctioned for the quarter ending June 30, plus a statutory add-on percentage. For the portion of a Consolidation Loan that repaid HEAL loans, there is no maximum interest rate. The average of the bond equivalent rates of the 91-day Treasury bills auctioned for the quarter ending on June 30, 2024, is 5.39 percent. The statutory add-on percentages and maximum interest rates vary depending on loan type and when the loan was first disbursed. In addition, the add-on percentage for certain Stafford Loans is different depending on whether the loan is in an in-school, grace, or deferment status, or in any other status. If the interest rate calculated in accordance with the applicable formula exceeds the statutory maximum interest rate, the statutory maximum rate applies. Charts 1 through 4 show the interest rate formulas that are used to determine the interest rates for all variable-rate FFEL Program loans and the interest rates that are in effect during the 12-month period from July 1, 2024, through June 30, 2025. Unless otherwise indicated, the cohorts shown in each chart include all borrowers, regardless of prior borrowing. Chart 1 shows the interest rates for loans with rates based on the 91-day Treasury bill, with the exception of ``converted'' variable-rate Federal Stafford Loans and certain Federal Consolidation Loans. Chart 2 shows the interest rates for loans with rates based on the weekly average of the one-year constant maturity Treasury yield. Chart 3 shows the interest rates for ``converted'' variable-rate Federal Stafford Loans. These are loans that originally had varying fixed interest rates. Finally, Chart 4 shows the interest rates for variable-rate Federal Consolidation Loans, and for the portion of any Federal Consolidation Loan that repaid loans made under the HEAL Program. [[Page 68884]] Chart 1--Subsidized Federal Stafford Loans, Unsubsidized Federal Stafford Loans, and Federal PLUS Loans [Interest rate based on 91-day Treasury bill] -------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------- Loan type Cohort.......... 91-day T-bill Add-on (%) Maximum rate Interest rate 07/01/24 through 06/ rate 05/28/24 (%) 30/25 (%) (%) -------------------------------------------------------------------------------------------------------------------------------------------------------- Subsidized Stafford, First disbursed 5.40 1.70 (in-school, 2.30 (any other. 8.25 7.10 (in-school, 7.70 (any other Unsubsidized Stafford. on/after 07/01/ grace, status)......... grace, status). 98 and before deferment). deferment). 07/01/06. PLUS.......................... First disbursed 5.40 3.10 9.00 8.50. on/after 07/01/ 98 and before 07/01/06. Subsidized Stafford, First disbursed 5.40 2.50 (in-school, 3.10 (any other. 8.25 7.90 (in-school, 8.25 (any other Unsubsidized Stafford. on/after 07/01/ grace, status)......... grace, status). 95 and before deferment). deferment). 07/01/98. Subsidized Stafford, First disbursed 5.40 3.10 8.25 8.25. Unsubsidized Stafford. on/after 07/01/ 94 and before 07/01/95, for a period of enrollment that included or began on or after 07/01/94. Subsidized Stafford, First disbursed 5.40 3.10 9.00 8.50. Unsubsidized Stafford. on/after 10/01/ 92 and before 07/01/94; and First disbursed on/after 07/01/ 94, for a period of enrollment ending before 07/01/94 (new borrowers). -------------------------------------------------------------------------------------------------------------------------------------------------------- Chart 2--Federal PLUS Loans and SLS Loans [Interest rate based on weekly average of one-year constant maturity treasury yield] ---------------------------------------------------------------------------------------------------------------- Weekly average of 1-year constant maturity Interest rate Treasury yield Maximum rate 07/01/24 Loan type Cohort for last Add-on (%) (%) through 06/30/ calendar week 25 (%) ending on or before 06/26/ 24 (%) ---------------------------------------------------------------------------------------------------------------- PLUS.................... First disbursed on/ 5.10 3.10 9.00 8.20 after 07/01/94 and before 07/01/98. PLUS.................... First disbursed on/ 5.10 3.10 10.00 8.20 after 10/01/92 and before 07/01/94. SLS..................... First disbursed on/ 5.10 3.10 11.00 8.20 after 10/01/92, for a period of enrollment beginning before 07/ 01/94. PLUS SLS................ First disbursed before 5.10 3.25 12.00 8.35 10/01/92. ---------------------------------------------------------------------------------------------------------------- [[Page 68885]] Chart 3--``Converted'' Variable-Rate Subsidized And Unsubsidized Federal Stafford Loans [Interest rate based on 91-day treasury bill] -------------------------------------------------------------------------------------------------------------------------------------------------------- Interest rate Original fixed interest 91-day T-bill Maximum rate 07/01/24 Loan type Cohort rate (later converted rate 05/28/24 Add-on (%) (%) through 06/30/ to variable rate) (%) (%) 25 (%) -------------------------------------------------------------------------------------------------------------------------------------------------------- Subsidized Stafford, Unsubsidized First disbursed on or 8.00, increasing to 5.40 3.10 10.00 8.50 Stafford. after 07/23/92 and 10.00. before 07/01/94 (prior borrowers). Subsidized Stafford, Unsubsidized First disbursed on or 9.00................... 5.40 3.10 9.00 8.50 Stafford. after 07/23/92 and before 07/01/94 (prior borrowers). Subsidized Stafford, Unsubsidized First disbursed on or 8.00................... 5.40 3.10 8.00 8.00 Stafford. after 07/23/92 and before 07/01/94 (prior borrowers). Subsidized Stafford, Unsubsidized First disbursed on or 7.00................... 5.40 3.10 7.00 7.00 Stafford. after 07/23/92 and before 07/01/94 (prior borrowers). Subsidized Stafford, Unsubsidized First disbursed on or 8.00, increasing to 5.40 3.25 10.00 8.65 Stafford. after 07/23/92 and 10.00. before 10/01/92 (new borrowers). Subsidized Stafford, Unsubsidized First disbursed on or 8.00, increasing to 5.40 3.25 10.00 8.65 Stafford. after 07/01/88 and 10.00. before 07/23/92. -------------------------------------------------------------------------------------------------------------------------------------------------------- Chart 4--Federal Consolidation Loans -------------------------------------------------------------------------------------------------------------------------------------------------------- Average of the bond equivalent 91-day T-bill rates of the Interest rate Consolidation loan component Cohort rate 05/28/24 91-day T-bills Add-on (%) Maximum rate 07/01/24 (%) auctioned for (%) through 06/30/ the quarter 25 (%) ending 06/30/ 24 (%) -------------------------------------------------------------------------------------------------------------------------------------------------------- Portion of loan that repaid loans other Application received on/ 5.40 N/A 3.10 8.25 8.25 than HEAL loans. after 11/13/97 and before 10/01/98. Portion of the loan that repaid HEAL loans Application received on/ N/A 5.39 3.00 None 8.39 after 11/13/97. -------------------------------------------------------------------------------------------------------------------------------------------------------- Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Program Authority: 20 U.S.C. 1071 et seq. Denise Carter, Acting Chief Operating Officer, Federal Student Aid. [FR Doc. 2024-19311 Filed 8-27-24; 8:45 am] BILLING CODE 4000-01-P

usgpo

2024-10-08T13:26:20.825099

FR

FR-2024-08-28/2024-19360

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68885-68886] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19360] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 7242-060] STS Hydropower, LLC; Notice of Availability of Environmental Assessment In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission or FERC) regulations, 18 CFR part 380, Commission staff reviewed STS Hydropower, LLC's (licensee) application for surrender of license for the Kanaka Hydroelectric Project No. 7242 and have prepared an Environmental Assessment (EA) for the proposed surrender. Following a wildfire that destroyed many of the project features, the licensee proposes to remove mechanical and electrical [[Page 68886]] equipment, remove the powerhouse building, seal the penstock, and regrade disturbed areas. The project dam would remain in place. The project is located on Sucker Run Creek, in Butte County, California. The project does not occupy federal lands. The EA contains Commission staff's analysis of the potential environmental effects of the proposed surrender, alternatives to the proposed action, and concludes that the proposed surrender, with appropriate environmental protective measures, would not constitute a major federal action that would significantly affect the quality of the human environment. The EA may be viewed on the Commission's website at http://www.ferc.gov using the ``elibrary'' link. Enter the docket number (P- 7242) in the docket number field to access the document. For assistance, contact FERC Online Support at [email protected] or toll-free at 1-866-208-3676, or for TTY, (202) 502-8659. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. All comments must be filed by September 23, 2024. The Commission strongly encourages electronic filing. Please file comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. For assistance, please contact FERC Online Support. In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any filing should include docket number P-7242-060. The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or [email protected]. For further information, contact Diana Shannon at 202-502-6136 or [email protected]. Dated: August 22, 2024. Debbie-Anne A. Reese, Acting Secretary. [FR Doc. 2024-19360 Filed 8-27-24; 8:45 am] BILLING CODE 6717-01-P

usgpo

2024-10-08T13:26:20.898872

FR

FR-2024-08-28/2024-19359

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68886-68889] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19359] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF24-4-000] DeLa Express LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Planned Dela Express Project, and Notice of Public Scoping Sessions The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental document that will discuss the environmental impacts of the DeLa Express Project involving construction and operation of facilities by DeLa Express LLC (DeLa Express) in Reeves, Loving, Andrews, Ward, Winkler, Ector, Midland, Upton, Glasscock, Sterling, Coke, Runnels, Coleman, Brown, Mills, Hamilton, Coryell, McLennan, Falls, Bell, Robertson, Milam, Brazos, Grimes, Montgomery, Walker, San Jacinto, Liberty, Hardin, Jefferson, and Orange Counties, Texas and Calcasieu Parish, Louisiana. The Commission will use this environmental document in its decision-making process to determine whether the project is in the public convenience and necessity. This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies regarding the project. As part of the National Environmental Policy Act (NEPA) review process, the Commission takes into account concerns the public may have about proposals and the environmental impacts that could result from its action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. This gathering of public input is referred to as ``scoping.'' The main goal of the scoping process is to focus the analysis in the environmental document on the important environmental issues. Additional information about the Commission's NEPA process is described below in the NEPA Process and Environmental Document section of this notice. By this notice, the Commission requests public comments on the scope of issues to address in the environmental document. To ensure that your comments are timely and properly recorded, please submit your comments so that the Commission receives them in Washington, DC on or before 5:00 p.m. Eastern Time on September 23, 2024. Comments may be submitted in written or oral form. Further details on how to submit comments are provided in the Public Participation section of this notice. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the environmental document. Commission staff will consider all written or oral comments during the preparation of the environmental document. If you submitted comments on this project to the Commission before the opening of this docket on April 2, 2024, you will need to file those comments in Docket No. PF24-4-000 to ensure they are considered. This notice is being sent to the Commission's current environmental mailing list, as described in the Environmental Mailing List section of this notice. State and local government representatives should notify their constituents of this planned project and encourage them to comment on their areas of concern. If you are a landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the planned facilities. The company would seek to negotiate a mutually acceptable easement agreement. You are not required to enter into an agreement. However, if the Commission approves the project, the Natural Gas Act conveys the right of eminent domain to the company. Therefore, if you and the company do not reach an easement agreement, the pipeline company could initiate condemnation proceedings in court. In such instances, compensation would be determined by a judge in accordance with state law. The Commission does not subsequently grant, exercise, or oversee the exercise of that eminent domain authority. The courts have exclusive authority to [[Page 68887]] handle eminent domain cases; the Commission has no jurisdiction over these matters. A fact sheet prepared by the FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do I Need To Know?'' addresses typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. This fact sheet along with other landowner topics of interest are available for viewing on the FERC website (www.ferc.gov) under the Natural Gas, Landowner Topics link. Public Participation There are four methods you can use to submit your comments to the Commission. Please carefully follow these instructions so that your comments are properly recorded. The Commission encourages electronic filing of comments and has staff available to assist you at (866) 208- 3676 or [email protected]. (1) You can file your comments electronically using the eComment feature, which is located on the Commission's website (www.ferc.gov) under the link to FERC Online. Using eComment is an easy method for submitting brief, text-only comments on a project; (2) You can file your comments electronically by using the eFiling feature, which is located on the Commission's website (www.ferc.gov) under the link to FERC Online. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on ``eRegister.'' You will be asked to select the type of filing you are making; a comment on a particular project is considered a ``Comment on a Filing''; or (3) You can file a paper copy of your comments by mailing them to the Commission. Be sure to reference the project docket number (PF24-4- 000) on your letter. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. (4) In lieu of sending written comments, the Commission invites you to attend one of the public scoping sessions its staff will conduct in the project area, scheduled as follows: ------------------------------------------------------------------------ Date and time Location ------------------------------------------------------------------------ Monday, September 9, 2024, Harvest Event Center, 9775 Highway 146 N, 4:30-6:30 p.m. Liberty, TX 77575. Tuesday, September 10, 2024, Ward 7 Recreation Center, 1615 Horridge 4:30-6:30 p.m. Street, Vinton, LA 70668. Wednesday, September 11, Cleveland Civic Center, 210 Peach Avenue, 2024, 4:30-6:30 p.m. Cleveland, TX 77327. Thursday, September 12, 2024, Huntsville Public Library, 1219 13th 4:30-6:30 p.m. Street, Huntsville, TX 77340. Tuesday, September 10, 2024, Ballinger Community Center, 200 Crosson 4:30-6:30 p.m. Avenue, Ballinger, TX 76821. Wednesday, September 11, Sterling County Senior Citizens Center, 2024, 4:30-6:30 p.m. 410 Stadium Street, Sterling City, TX 76951. Thursday, September 12, 2024, Lawndale Community Center, 9201 Rainbow 4:30-6:30 p.m. Drive, Odessa, TX 79765. Monday, September 16, 2024, Kurten Community Center, 13055 E. State 4:30-6:30 p.m. Highway 21, Kurten, TX 77862. Tuesday, September 17, 2024, Westphalia Parish Hall, 114 County Road 4:30-6:30 p.m. 3000, Lott, TX 76656. Wednesday, September 18, Windmill Hill Venue, 1808 Bridge Street, 2024, 4:30-6:30 p.m. Gatesville, TX 76528. Thursday, September 19, 2024, Adams Street Community Center, 511 E 4:30-6:30 p.m. Adams Street, Brownwood, TX 76801. ------------------------------------------------------------------------ The primary goal of these scoping sessions is to have you identify the specific environmental issues and concerns that should be considered in the environmental document. Individual oral comments will be taken on a one-on-one basis with a court reporter. This format is designed to receive the maximum amount of oral comments in a convenient way during the timeframe allotted. Each scoping session is scheduled from 4:30 p.m. to 6:30 p.m. Central. You may arrive at any time after 4:30 p.m. There will not be a formal presentation by Commission staff when the session opens. If you wish to speak, the Commission staff will hand out numbers in the order of your arrival. Comments will be taken until 6:30 p.m. However, if no additional numbers have been handed out and all individuals who wish to provide comments have had an opportunity to do so, staff may conclude the session at 6:00 p.m. Please see appendix 1 for additional information on the session format and conduct.\1\ --------------------------------------------------------------------------- \1\ The appendices referenced in this notice will not appear in the Federal Register. Copies of the appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called ``eLibrary''. For instructions on connecting to eLibrary, refer to the last page of this notice. For assistance, contact FERC at [email protected] or call toll free, (886) 208-3676 or TTY (202) 502-8659. --------------------------------------------------------------------------- Your scoping comments will be recorded by a court reporter (with FERC staff or representative present) and become part of the public record for this proceeding. Transcripts will be publicly available on FERC's eLibrary system (see the last page of this notice for instructions on using eLibrary). If a significant number of people are interested in providing oral comments in the one-on-one settings, a time limit of 5 minutes may be implemented for each commentor. It is important to note that the Commission provides equal consideration to all comments received, whether filed in written form or provided orally at a scoping session. Although there will not be a formal presentation, Commission staff will be available throughout the scoping session to answer your questions about the environmental review process. Representatives from DeLa Express will also be present to answer project-specific questions. Additionally, the Commission offers a free service called eSubscription, which makes it easy to stay informed of all issuances and submittals regarding the dockets/projects to which you subscribe. These instant email notifications are the fastest way to receive notification and provide a link to the document files which can reduce the amount of time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription. The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and [[Page 68888]] others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202)502-6595 or [email protected]. Summary of the Planned Project DeLa Express plans to construct and operate an approximately 645.5- mile-long, 42-inch-diameter natural gas transportation mainline pipeline originating in Winkler County, Texas to a termination point in Calcasieu Parish, Louisiana. The Project would also consist of six lateral pipelines (totaling 139 miles). The DeLa Express Project would provide about 2 billion cubic feet per day of natural gas transportation from the Permian Basin in West Texas to Gulf Coast markets between Jefferson County, Texas and Cameron Parish, Louisiana. The Project is specifically designed to ease future supply and demand market constraints and increase U.S. consumers' access to natural gas and natural gas liquids. The Project will enable DeLa Express to transport liquids-rich natural gas from Permian receipt points with metering, dew point control, and heavy liquids removal to the Lake Charles, Louisiana area. The DeLa Express Project would include construction of the following facilities: 645.5 miles of 42-inch-diameter mainline pipeline from Compressor Station 1 in Winkler County, Texas to a gas plant in Calcasieu Parish, Louisiana; six pipeline laterals, including the: [cir] Field Gas Transport Lateral--a 60.0-mile, 42-inch-diameter pipeline in Reeves, Loving, and Winkler Counties. DeLa Express would also construct a 35.5-mile non-jurisdictional liquids line adjacent to the Field Gas Transport Lateral. [cir] Red Bluff Lateral--an 8.3-mile, 24-inch-diameter pipeline in Reeves County, Texas; [cir] China Draw Lateral--a 6.7-mile, 30-inch-diameter pipeline in Reeves County, Texas; [cir] Lea Lateral--a 5.9-mile, 30-inch-diameter pipeline in Loving County, Texas; [cir] Pecos Lateral--a 33.8-mile, 30-inch-diameter pipeline in Winkler and Ward Counties, Texas. DeLa Express would also construct a non-jurisdictional liquids line adjacent to the full length of the Pecos Lateral. [cir] Andrews Lateral--a 24.3-mile, 30-inch-diameter pipeline in Winkler and Andrews Counties, Texas. DeLa Express would also construct a non-jurisdictional liquids line adjacent to the full length of the Andrews Lateral. six new electric-driven compressor stations, including one each in Winkler, Glasscock, Coleman, Coryell, Brazos, and Liberty Counties, Texas; three new dew point control sites \2\ in Loving, Ward, and Andrews Counties, Texas; --------------------------------------------------------------------------- \2\ Dew point control facilities are used to remove heavy liquids that condense as wet gas cools in a pipeline. --------------------------------------------------------------------------- one new stabilization plant collocated with the compressor station in Winkler County, Texas; a total of 42 mainline and 5 lateral valve sites; multiple meter stations collocated at other aboveground facilities; and, pig launcher/receiver sites, including 10 collocated within other aboveground facilities and 4 standalone sites. The general location of the project facilities is shown in appendix 2. Land Requirements for Construction Construction of the planned facilities would disturb about 12,940 acres of land for the aboveground facilities and the pipelines. Following construction, DeLa Express would maintain about 5,459 acres for permanent operation of the project's facilities; the remaining acreage would be restored. About 83 percent of the planned pipeline route parallels existing pipeline, utility, or road rights-of-way. NEPA Process and the Environmental Document Any environmental document issued by Commission staff will discuss impacts that could occur as a result of the construction and operation of the planned project under the relevant general resource areas: geology and soils; water resources and wetlands; vegetation and wildlife; threatened and endangered species; cultural resources; land use; socioeconomics; environmental justice; air quality and noise; and reliability and safety. Commission staff have already identified several issues that deserve attention based on a preliminary review of available draft reports and monthly updates provided by DeLa Express. This preliminary list of issues may change based on your comments and our analysis of final reports provided with the application for the Project: cumulative impacts associated with multiple adjacent pipeline easements; wetland and waterbody impacts; specialty crops and agricultural land use; environmental justice concerns; pipeline safety; noise and air impacts associated with compressor stations; impacts on existing buried utility lines; post-construction vegetation restoration; federal and state land impacts; and federally and state listed species. Commission staff will also evaluate reasonable alternatives to the planned project or portions of the project and make recommendations on how to lessen or avoid impacts on the various resource areas. Your comments will help Commission staff identify and focus on the issues that might have an effect on the human environment and potentially eliminate others from further study and discussion in the environmental document. Although no formal application has been filed, Commission staff have already initiated a NEPA review under the Commission's pre-filing process. The purpose of the pre-filing process is to encourage early involvement of interested stakeholders and to identify and resolve issues before the Commission receives an application. As part of the pre-filing review, Commission staff will contact federal and state agencies to discuss their involvement in the scoping process and the preparation of the environmental document. If a formal application is filed, Commission staff will then determine whether to prepare an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). The EA or the EIS will present Commission staff's independent analysis of the environmental issues. If Commission staff prepares an EA, a Notice of Schedule for the Preparation of an Environmental Assessment will be issued. The EA may be issued for an allotted public comment period. The Commission would consider timely comments on the EA before making its determination on the proposed project. If Commission staff prepares an EIS, a Notice of Intent to Prepare an EIS/Notice of Schedule will be issued once an application is filed, which will open an additional public comment period. Staff will then prepare a draft EIS that will be issued for public comment. Commission staff will consider all timely comments received during the comment period on the draft EIS, and revise the document, as necessary, before issuing a final EIS. Any EA or draft and final EIS will be available in [[Page 68889]] electronic format in the public record through eLibrary \3\ and the Commission's natural gas environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant email notification when the environmental document is issued. --------------------------------------------------------------------------- \3\ For instructions on connecting to eLibrary, refer to the last page of this notice. --------------------------------------------------------------------------- With this notice, the Commission is asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues related to this project to formally cooperate in the preparation of the environmental document.\4\ Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice. Currently, no agencies have expressed their intention to participate as a cooperating agency in the preparation of the environmental document to satisfy their NEPA responsibilities related to this project. --------------------------------------------------------------------------- \4\ The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, part 1501.8. --------------------------------------------------------------------------- Consultation Under Section 106 of the National Historic Preservation Act In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, the Commission is using this notice to initiate consultation with the applicable State Historic Preservation Office(s), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties.\5\ The environmental document for this project will document our findings on the impacts on historic properties and summarize the status of consultations under section 106. --------------------------------------------------------------------------- \5\ The Advisory Council on Historic Preservation regulations are at Title 36, Code of Federal Regulations, part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places. --------------------------------------------------------------------------- Environmental Mailing List The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental justice stakeholders and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project and includes a mailing address with their comments. Commission staff will update the environmental mailing list as the analysis proceeds to ensure that Commission notices related to this environmental review are sent to all individuals, organizations, and government entities interested in and/ or potentially affected by the planned project. If you need to make changes to your name/address, or if you would like to remove your name from the mailing list, please complete one of the following steps: (1) Send an email to [email protected] stating your request. You must include the docket number PF24-4-000 in your request. If you are requesting a change to your address, please be sure to include your name and the correct address. If you are requesting to delete your address from the mailing list, please include your name and address as it appeared on this notice. This email address is unable to accept comments. OR (2) Return the attached ``Mailing List Update Form'' (appendix 3). Becoming an Intervenor Once DeLa Express files its application with the Commission, you may want to become an ``intervenor'' which is an official party to the Commission's proceeding. Only intervenors have the right to seek rehearing of the Commission's decision and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). Motions to intervene are more fully described at https://www.ferc.gov/how-intervene. Please note that the Commission will not accept requests for intervenor status at this time. You must wait until the Commission receives a formal application for the project, after which the Commission will issue a public notice that establishes an intervention deadline. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on ``General Search'' and enter the docket number in the ``Docket Number'' field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings. Public sessions or site visits will be posted on the Commission's calendar located at https://www.ferc.gov/news-events/events along with other related information. Debbie-Anne A. Reese, Acting Secretary. [FR Doc. 2024-19359 Filed 8-27-24; 8:45 am] BILLING CODE 6717-01-P

usgpo

2024-10-08T13:26:20.993714

FR

FR-2024-08-28/2024-19362

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68889-68890] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19362] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: Filings Instituting Proceedings Docket Numbers: RP24-985-000. Applicants: El Paso Natural Gas Company, L.L.C. Description: Sec. 4(d) Rate Filing: FT-2 Form of Service Agreement Update to be effective 9/20/2024. Filed Date: 8/21/24. Accession Number: 20240821-5106. Comment Date: 5 p.m. ET 9/3/24. Docket Numbers: RP24-986-000. Applicants: Southeast Supply Header, LLC. Description: Sec. 4(d) Rate Filing: Negotiated Rates--Southern Co to be effective 10/1/2024. Filed Date: 8/22/24. Accession Number: 20240822-5004. Comment Date: 5 p.m. ET 9/3/24. Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or 385.206) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. [[Page 68890]] The filings are accessible in the Commission's eLibrary system (https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying the docket number. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659. The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or [email protected]. Dated: August 22, 2024. Debbie-Anne A. Reese, Acting Secretary. [FR Doc. 2024-19362 Filed 8-27-24; 8:45 am] BILLING CODE 6717-01-P

usgpo

2024-10-08T13:26:21.089878

FR

FR-2024-08-28/2024-19361

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Page 68890] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19361] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ID-10142-000] Conner, Penelope M.; Notice of Filing Take notice that on August 21, 2024, Penelope M. Conner submitted for filing, application for authority to hold interlocking positions, pursuant to section 305(b) of the Federal Power Act, 16 U.S.C. 825d (b) and Part 45.8 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR part 45.8. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission's Home Page (http://www.ferc.gov). From the Commission's Home Page on the internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. User assistance is available for eLibrary and the Commission's website during normal business hours from FERC Online Support at 202- 502-6652 (toll free at 1-866-208-3676) or email at [email protected], or the Public Reference Room at (202) 502- 8371, TTY (202) 502-8659. Email the Public Reference Room at [email protected]. The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically may mail similar pleadings to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Hand delivered submissions in docketed proceedings should be delivered to Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. Comment Date: 5:00 p.m. Eastern Time on September 11, 2024. Dated: August 22, 2024. Debbie-Anne A. Reese, Acting Secretary. [FR Doc. 2024-19361 Filed 8-27-24; 8:45 am] BILLING CODE 6717-01-P

usgpo

2024-10-08T13:26:21.162427

FR

FR-2024-08-28/2024-19363

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68890-68891] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19363] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 Take notice that the Commission received the following electric corporate filings: Docket Numbers: EC24-8-000. Applicants: Salt Creek Township Solar, LLC, BCD 2024 Fund 1 Lessee, LLC. Description: Informational Report of Notice of Change in Circumstances of Salt Creek Township Solar, LLC, et al. Filed Date: 8/13/24. Accession Number: 20240813-5203. Comment Date: 5 p.m. ET 9/3/24. Take notice that the Commission received the following exempt wholesale generator filings: Docket Numbers: EG24-259-000. Applicants: Holyoke BESS, LLC. Description: Holyoke BESS, LLC submits Self-Certification of Exempt Wholesale Generator Status. Filed Date: 8/21/24. Accession Number: 20240821-5146. Comment Date: 5 p.m. ET 9/11/24. Docket Numbers: EG24-260-000. Applicants: PNY BESS, LLC. Description: PNY BESS, LLC submits Self-Certification of Exempt Wholesale Generator Status. Filed Date: 8/21/24. Accession Number: 20240821-5156. Comment Date: 5 p.m. ET 9/11/24. Docket Numbers: EG24-261-000. Applicants: Wellesley BESS, LLC. Description: Wellesley BESS LLC submits Self-Certification of Exempt Wholesale Generator Status. Filed Date: 8/21/24. Accession Number: 20240821-5157. Comment Date: 5 p.m. ET 9/11/24. Docket Numbers: EG24-262-000. Applicants: Unbridled Solar, LLC. Description: Unbridled Solar, LLC submits Notice of Self- Certification of Exempt Wholesale Generator Status. Filed Date: 8/22/24. Accession Number: 20240822-5150. Comment Date: 5 p.m. ET 9/12/24. Take notice that the Commission received the following electric rate filings: Docket Numbers: ER24-2096-001. Applicants: New York Independent System Operator, Inc. Description: Compliance filing: NYISO Compliance re: Capacity Accreditation Fuel Constraints Rules to be effective 7/24/2024. Filed Date: 8/22/24. Accession Number: 20240822-5071. Comment Date: 5 p.m. ET 9/12/24. Docket Numbers: ER24-2391-001. Applicants: Hecate Energy Highland LLC. Description: Tariff Amendment: Amendment to Category 1 Status Filing to be effective 6/28/2024. Filed Date: 8/22/24. Accession Number: 20240822-5051. Comment Date: 5 p.m. ET 9/12/24. Docket Numbers: ER24-2466-000. Applicants: NorthWestern Corporation. Description: Report Filing: RS336 Cert of Concurrence--Supplemental Filing to be effective N/A. [[Page 68891]] Filed Date: 8/22/24. Accession Number: 20240822-5134. Comment Date: 5 p.m. ET 9/12/24. Docket Numbers: ER24-2825-000. Applicants: Southwest Power Pool, Inc. Description: Sec. 205(d) Rate Filing: Revisions to OATT to Implement Joint Targeted Interconnection Queue Framework to be effective 11/14/2024. Filed Date: 8/21/24. Accession Number: 20240821-5147. Comment Date: 5 p.m. ET 9/19/24. Docket Numbers: ER24-2826-000. Applicants: American Transmission Systems, Incorporated, PJM Interconnection, L.L.C. Description: Sec. 205(d) Rate Filing: American Transmission Systems, Incorporated submits tariff filing per 35.13(a)(2)(iii: ATSI submits Operating and Interconnection Agreement, SA No. 2853 to be effective 10/31/2024. Filed Date: 8/22/24. Accession Number: 20240822-5043. Comment Date: 5 p.m. ET 9/12/24. Docket Numbers: ER24-2827-000. Applicants: American Electric Power Service Corporation, PJM Interconnection, L.L.C. Description: Sec. 205(d) Rate Filing: American Electric Power Service Corporation submits tariff filing per 35.13(a)(2)(iii: AEP submits on behalf of I&M and ComEd the Revised IA SA No. 1462 to be effective 8/12/2024. Filed Date: 8/22/24. Accession Number: 20240822-5044. Comment Date: 5 p.m. ET 9/12/24. Docket Numbers: ER24-2828-000. Applicants: Midcontinent Independent System Operator, Inc. Description: Sec. 205(d) Rate Filing: 2024-08-22_SA 4332 Minnesota Power-Regal Solar GIA (J1611) to be effective 8/9/2024. Filed Date: 8/22/24. Accession Number: 20240822-5054. Comment Date: 5 p.m. ET 9/12/24. Docket Numbers: ER24-2829-000. Applicants: PJM Interconnection, L.L.C. Description: Sec. 205(d) Rate Filing: Amendment to WMPA, Service Agreement No. 6769; Queue No. AF1-254 to be effective 10/22/2024. Filed Date: 8/22/24. Accession Number: 20240822-5057. Comment Date: 5 p.m. ET 9/12/24. Docket Numbers: ER24-2830-000 Applicants: PJM Interconnection, L.L.C. Description: Sec. 205(d) Rate Filing: Amendment to WMPA, Service Agreement No. 6599; AG1-045 to be effective 10/22/2024. Filed Date: 8/22/24. Accession Number: 20240822-5098. Comment Date: 5 p.m. ET 9/12/24. Docket Numbers: ER24-2831-000. Applicants: Public Service Company of Colorado. Description: Tariff Amendment: 2024-08-22 TSGT-318-PSCo and 478- PSCo--NOC to be effective 5/8/2024. Filed Date: 8/22/24. Accession Number: 20240822-5121. Comment Date: 5 p.m. ET 9/12/24. Docket Numbers: ER24-2832-000. Applicants: Unitil Power Corp. Description: Compliance filing: Amended Unitil System Agreement to be effective 5/1/2003. Filed Date: 8/22/24. Accession Number: 20240822-5130. Comment Date: 5 p.m. ET 9/12/24. Docket Numbers: ER24-2833-000. Applicants: Silver Peak Solar, LLC. Description: Baseline eTariff Filing: Baseline new to be effective 8/23/2024. Filed Date: 8/22/24. Accession Number: 20240822-5152. Comment Date: 5 p.m. ET 9/12/24. The filings are accessible in the Commission's eLibrary system (https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying the docket number. Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or 385.206) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659. The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or [email protected]. Dated: August 22, 2024. Debbie-Anne A. Reese, Acting Secretary. [FR Doc. 2024-19363 Filed 8-27-24; 8:45 am] BILLING CODE 6717-01-P

usgpo

2024-10-08T13:26:21.197345

FR

FR-2024-08-28/2024-19358

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68891-68894] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19358] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF24-5-000] Gulfstream LNG Development, LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Planned Gulfstream LNG Project and Notice of Public Scoping Sessions The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental document that will discuss the environmental impacts of the Gulfstream LNG Project involving construction and operation of facilities by Gulfstream LNG Development, LLC (Gulfstream LNG) in Plaquemines Parish, Louisiana. The Commission will use this environmental document in its decision-making process to determine whether the project is in the public interest. This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies regarding the project. As part of the National Environmental Policy Act (NEPA) review process, the Commission takes into account concerns the public may have about proposals and the environmental impacts that could result from its action whenever it considers the issuance of an authorization. This gathering of public input is referred to as ``scoping.'' The main goal of the scoping process is to focus the analysis in the environmental document on the important environmental issues. Additional information about the Commission's NEPA process is described below in the NEPA Process and Environmental Document section of this notice. By this notice, the Commission requests public comments on the scope of issues to address in the environmental document. To ensure that your comments are timely and properly recorded, please submit your comments so that the Commission receives them in Washington, DC on or before 5:00 p.m. Eastern Time on September 23, 2024. Comments may be submitted in written or oral form. Further details on how to submit [[Page 68892]] comments are provided in the Public Participation section of this notice. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the environmental document. Commission staff will consider all written and oral comments during the preparation of the environmental document. If you submitted comments on this project to the Commission before the opening of this docket on April 17, 2024, you will need to file those comments in Docket No. PF24-5-000 to ensure they are considered. This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their constituents of this planned project and encourage them to comment on their areas of concern. A fact sheet prepared by the FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do I Need To Know?'' addresses typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. This fact sheet along with other landowner topics of interest are available for viewing on the FERC website (www.ferc.gov) under the Natural Gas, Landowner Topics link. Public Participation There are four methods you can use to submit your comments to the Commission. Please carefully follow these instructions so that your comments are properly recorded. The Commission encourages electronic filing of comments and has staff available to assist you at (866) 208- 3676 or [email protected]. (1) You can file your comments electronically using the eComment feature, which is located on the Commission's website (www.ferc.gov) under the link to FERC Online. Using eComment is an easy method for submitting brief, text-only comments on a project; (2) You can file your comments electronically by using the eFiling feature, which is located on the Commission's website (www.ferc.gov) under the link to FERC Online. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on ``eRegister.'' You will be asked to select the type of filing you are making; a comment on a particular project is considered a ``Comment on a Filing''; (3) You can file a paper copy of your comments by mailing them to the Commission. Be sure to reference the project docket number (PF24-5- 000) on your letter. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852; or (4) In lieu of sending written comments, the Commission invites you to attend one of the public scoping sessions \1\ its staff will conduct in the project area, scheduled as follows: --------------------------------------------------------------------------- \1\ Public scoping sessions are hosted by Commission staff and are in no way sponsored by the Plaquemines Parish Government. ------------------------------------------------------------------------ Date and time Location ------------------------------------------------------------------------ Tuesday, September 10, 2024, Port Sulphur Branch Library, 138 Civic 4:00-6:00 p.m. Central Time. Dr., Port Sulphur, LA 70083, (504) 564- 3681. Wednesday, September 11, Percy Griffin Community Center, 15577 2024, 4:00-6:00 p.m. Central Hwy. 15, Braithwaite, LA 70040, 504-279- Time. 5720. ------------------------------------------------------------------------ The primary goal of these scoping sessions is to have you identify the specific environmental issues and concerns that should be considered in the environmental document. Individual oral comments will be taken on a one-on-one basis with a court reporter. This format is designed to receive the maximum amount of oral comments in a convenient way during the timeframe allotted. Each scoping session is scheduled from 4:00 p.m. to 6:00 p.m. Central Time. You may arrive at any time after the scheduled start time. There will not be a formal presentation by Commission staff when the session opens. If you wish to speak, the Commission staff will hand out numbers in the order of your arrival. Comments will be taken until 6:00 p.m. Central Time. Please see appendix 1 for additional information on the session format and conduct.\2\ --------------------------------------------------------------------------- \2\ The appendices referenced in this notice will not appear in the Federal Register. Copies of the appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called ``eLibrary.'' For instructions on connecting to eLibrary, refer to the last page of this notice. For assistance, contact FERC at [email protected] or call toll free, (886) 208-3676 or TTY (202) 502-8659. --------------------------------------------------------------------------- Your scoping comments will be recorded by a court reporter (with FERC staff or representative present) and become part of the public record for this proceeding. Transcripts will be publicly available on FERC's eLibrary system (see the last page of this notice for instructions on using eLibrary). If a significant number of people are interested in providing oral comments in the one-on-one settings, a time limit of 5 minutes may be implemented for each commentor. It is important to note that the Commission provides equal consideration to all comments received, whether filed in written form or provided orally at a scoping session. Although there will not be a formal presentation, Commission staff will be available throughout the scoping session to answer your questions about the environmental review process. Representatives from Gulfstream LNG will also be present to answer project-specific questions. Additionally, the Commission offers a free service called eSubscription, which makes it easy to stay informed of all issuances and submittals regarding the dockets/projects to which you subscribe. These instant email notifications are the fastest way to receive notification and provide a link to the document files which can reduce the amount of time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription. The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission [[Page 68893]] processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or [email protected]. Summary of the Planned Project Gulfstream LNG plans to construct and operate a liquefied natural gas (LNG) terminal facility for export, domestic sales, and storage along the Mississippi River in Plaquemines Parish, Louisiana. The project would consist of three mid-scale liquefaction trains capable of producing up to 4 million tons per annum of LNG combined; gas processing facilities; two marine loading docks; one LNG storage tank; flares; and other support and ancillary facilities. Feed gas would be sourced from an existing, on-site, 26-inch-diameter intrastate natural gas pipeline owned by High Point Gas Transmission, LLC. The general location of the project facilities is shown in appendix 2. Land Requirements for Construction Construction of the planned facilities would disturb about 260 acres of land. Following construction, Gulfstream LNG would maintain about 185 acres for permanent operation of the project's facilities; the remaining acreage would be restored and revert to former uses. NEPA Process and the Environmental Document Any environmental document issued by Commission staff will discuss impacts that could occur as a result of the construction and operation of the project under the relevant general resource areas: geology and soils; water resources and wetlands; vegetation and wildlife; threatened and endangered species; cultural resources; land use; socioeconomics and environmental justice; air quality and noise; and reliability and safety. Commission staff have already identified several issues that deserve attention based on a preliminary review of the planned facilities and the environmental information provided by Gulfstream LNG. This preliminary list of issues may change based on your comments and our analysis: socioeconomics and environmental justice air quality and noise; and wetlands. Commission staff will also evaluate reasonable alternatives to the planned project or portions of the project and make recommendations on how to lessen or avoid impacts on the various resource areas. Your comments will help Commission staff identify and focus on the issues that might have an effect on the human environment and potentially eliminate others from further study and discussion in the environmental document. Although no formal application has been filed, Commission staff have already initiated a NEPA review under the Commission's pre-filing process. The purpose of the pre-filing process is to encourage early involvement of interested stakeholders and to identify and resolve issues before the Commission receives an application. As part of the pre-filing review, Commission staff will contact federal and state agencies to discuss their involvement in the scoping process and the preparation of the environmental document. If a formal application is filed, Commission staff will then determine whether to prepare an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). The EA or the EIS will present Commission staff's independent analysis of the environmental issues. If Commission staff prepares an EA, a Notice of Schedule for the Preparation of an Environmental Assessment will be issued. The EA may be issued for an allotted public comment period. The Commission would consider timely comments on the EA before making its determination on the proposed project. If Commission staff prepares an EIS, a Notice of Intent to Prepare an EIS/Notice of Schedule will be issued once an application is filed, which will open an additional public comment period. Staff will then prepare a draft EIS that will be issued for public comment. Commission staff will consider all timely comments received during the comment period on the draft EIS, and revise the document, as necessary, before issuing a final EIS. Any EA or draft and final EIS will be available in electronic format in the public record through eLibrary \3\ and the Commission's natural gas environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant email notification when the environmental document is issued. --------------------------------------------------------------------------- \3\ For instructions on connecting to eLibrary, refer to the last page of this notice. --------------------------------------------------------------------------- With this notice, the Commission is asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues related to this project to formally cooperate in the preparation of the environmental document.\4\ Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice. Currently, the U.S. Department of Energy, U.S. Coast Guard, U.S. Department of Transportation, and National Marine Fisheries Service have expressed their intention to participate as cooperating agencies in the preparation of the environmental document to satisfy their NEPA responsibilities related to this project. --------------------------------------------------------------------------- \4\ The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.8. --------------------------------------------------------------------------- Consultation Under Section 106 of the National Historic Preservation Act In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, the Commission is using this notice to initiate consultation with the Louisiana State Historic Preservation Office, and to solicit its views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties.\5\ The environmental document for this project will document our findings on the impacts on historic properties and summarize the status of consultations under section 106. --------------------------------------------------------------------------- \5\ The Advisory Council on Historic Preservation regulations are at title 36, Code of Federal Regulations, part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places. --------------------------------------------------------------------------- Environmental Mailing List The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) whose property may be used temporarily for project purposes, who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project and includes a mailing address with their comments. Commission staff will update the environmental mailing list as the analysis proceeds to ensure that [[Page 68894]] Commission notices related to this environmental review are sent to all individuals, organizations, and government entities interested in and/ or potentially affected by the planned project. If you need to make changes to your name/address, or if you would like to remove your name from the mailing list, please complete one of the following steps: (1) Send an email to [email protected] stating your request. You must include the docket number PF24-5-000 in your request. If you are requesting a change to your address, please be sure to include your name and the correct address. If you are requesting to delete your address from the mailing list, please include your name and address as it appeared on this notice. This email address is unable to accept comments. OR (2) Return the attached ``Mailing List Update Form'' (appendix 3). Becoming an Intervenor Once Gulfstream LNG files its application with the Commission, you may want to become an ``intervenor'' which is an official party to the Commission's proceeding. Only intervenors have the right to seek rehearing of the Commission's decision and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). Motions to intervene are more fully described at https://www.ferc.gov/how-intervene. Please note that the Commission will not accept requests for intervenor status at this time. You must wait until the Commission receives a formal application for the project, after which the Commission will issue a public notice that establishes an intervention deadline. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on ``General Search'' and enter the docket number in the ``Docket Number'' field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings. Public sessions or site visits will be posted on the Commission's calendar located at https://www.ferc.gov/news-events/events along with other related information. Dated: August 22, 2024. Debbie-Anne A. Reese, Acting Secretary. [FR Doc. 2024-19358 Filed 8-27-24; 8:45 am] BILLING CODE 6717-01-P

usgpo

2024-10-08T13:26:21.278606

FR

FR-2024-08-28/2024-19305

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68894-68896] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19305] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2023-0606; FRL-11581-04-OCSPP] Public Engagement Webinars; Pre-Prioritization and Consideration of Existing Chemical Substances for Future Prioritization Under the Toxic Substances Control Act (TSCA) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA or Agency) is announcing the scheduling of two virtual public meetings to provide information regarding existing chemical pre-prioritization and prioritization activities under the Toxic Substances Control Act (TSCA). Prioritization is the initial step in the process of evaluating existing chemicals under TSCA and implementing regulations. The purpose of prioritization is to designate a chemical substance as being either high priority for immediate further risk evaluation, or low priority, for which risk evaluation is not warranted at the time. The webinars will take place on two separate days, but the content presented at each meeting will be identical. EPA will explain the prioritization process and provide an overview of information that may be used to inform the considerations that ultimately support a High- or Low-Priority Substance designation, such as information on conditions of use and health effects resulting from exposure to the chemicals of interest. In addition, the list of candidate chemical substances currently being considered for future prioritization actions will be presented for stakeholders to comment on the data and scientific research available that may be used to help EPA determine which chemical substances may undergo prioritization in the near term. EPA is committed to engaging with the public to identify potentially relevant information on chemical substances being considered for future prioritization actions during pre-prioritization timeframes. DATES: Webinars: Monday, September 30, 2024, (2 p.m.-4 p.m. ET), and Tuesday, October 1, 2024 (10 a.m.-12 p.m. ET). Registration: You must register on or before September 25, 2024, to receive the webcast meeting link and audio teleconference information before the meeting, and to make oral comments during the meeting. Special accommodations: Submit requests for special accommodations on or before September 13, 2024, to allow EPA time to process the request before the meeting. Oral comments: To provide an oral comment during the webinar, register on or before September 25, 2024. Written comments: Following the public webinars, written comments may be submitted during a 30-day public comment period that will open following the second public webinar on October 1, 2024. ADDRESSES: Webinar: Register online for each webinar as follows: For the webinar on Monday, September 30, 2024, register at: https://usepa.zoomgov.com/meeting/register/vJItduuoqzgvH1QTU561mR9PaHoG91WhfnA; For the webinar on Tuesday, October 1, 2024, register at: https://usepa.zoomgov.com/meeting/register/vJIsfCrrzMqHJshuXmH7qTusPv-lURNA4M. Special Accommodations: Please submit these requests to the person listed under FOR FURTHER INFORMATION CONTACT. Oral comments: Register with the person listed under FOR FURTHER INFORMATION CONTACT. Written comments: Submit written comments, identified by docket identification (ID) number EPA-HQ-OPPT-2023-0606, online at https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Sarah Soliman, Office of Pollution Prevention and Toxics (7201M), Office of Chemical Safety and Pollution Prevention (OCSPP), Environmental [[Page 68895]] Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460- 0001; telephone number: (202) 748-0251 email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Executive Summary A. Does this action apply to me? This action is directed to the public in general and may be of interest to entities that may manufacture (including import) a chemical substance regulated under TSCA (e.g., entities identified under North American Industrial Classification System (NAICS) codes 325 and 324110). The action may also be of interest to chemical processors, distributors in commerce, users, non-profit organizations in the environmental and public health sectors, state and local government agencies, and members of the public. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities and corresponding NAICS codes for entities that may be interested in or affected by this action. B. What is the Agency's authority for taking this action? TSCA section 6, 15 U.S.C. 2605, requires EPA to evaluate existing chemicals via a three-stage process. The three stages of EPA's process for existing chemicals are prioritization, risk evaluation, and risk management. See also the implementing procedural regulations at 40 CFR part 702. For more information about the TSCA risk evaluation process for existing chemicals, go to https://www.epa.gov/assessing-and-managing-chemicals-under-tsca. C. What action is the agency taking? EPA is announcing the scheduling of two virtual public meetings to provide information regarding existing chemical pre-prioritization and prioritization activities under TSCA. Prioritization is the initial step in the process of evaluating existing chemicals under TSCA and implementing regulations. The purpose of prioritization is to designate a chemical substance as being either high priority for immediate further risk evaluation, or low priority, for which risk evaluation is not warranted at the time. The webinars will take place on two separate days, but the content presented at each meeting will be identical. EPA will explain the prioritization process and provide an overview of information that may be used to inform the considerations that ultimately support a High- or Low-Priority Substance designation, such as information on conditions of use and health effects resulting from exposure to the chemicals of interest. In addition, the list of candidate chemical substances currently being considered for future prioritization actions will be presented for stakeholders to comment on the data and scientific research available that may be used to help EPA determine which chemical substances may undergo prioritization in the near term. D. Why is the Agency taking this action? EPA is committed to engaging with the public to identify potentially relevant information on chemical substances being considered for future prioritization actions during pre-prioritization timeframes. This action is intended to increase transparency in the TSCA prioritization process by encouraging public engagement in earlier activities. EPA values broad external input, which is critical to the prioritization process. EPA is committed to developing a sustainable program where information is continually collected by the Agency on chemicals of interest so that prioritization occurs on an annual basis to replace High-Priority Substances for which EPA has completed risk evaluations. Information provided during and following these public meetings will inform EPA's determination regarding whether chemical substances have sufficient information to support either a High- or Low Priority Substance designation during prioritization or a risk evaluation, should a chemical substance be designated as a High- Priority Substance during prioritization. E. What is the purpose of the pre-prioritization and prioritization phases? Pre-prioritization represents the Agency's commitment to fostering a transparent collaborative effort with the public by allowing stakeholders to engage with EPA on its list of potential prioritization candidates; learn about the type of information EPA seeks to support the proposed and final designations as either High- or Low-Priority Substances; and how stakeholders can provide that information. Prioritization is the initial step in the process of evaluating existing chemicals under TSCA section 6(b) and implementing regulations at 40 CFR part 702. The purpose of prioritization is to designate a chemical substance as either high priority for immediate further risk evaluation, or low priority, for which risk evaluation is not warranted at the time. To identify candidates for the prioritization process, TSCA requires that at least 50 percent of all chemical substances on which risk evaluations are being conducted by the Administrator are drawn from the TSCA Work Plan for Chemical Assessments: 2014 Update available at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/tsca-work-plan-chemical-assessments-2014-update, until that list has been exhausted. EPA also gives preference to chemical substances from the TSCA Work Plan chemicals with the following characteristics: Persistence and bioaccumulation scores of three; and Known human carcinogens, and high acute or chronic toxicity. Aside from these statutory directions, EPA has discretion to determine which chemical substances will undergo prioritization. II. Virtual Public Meetings A. What is the planned agenda for the meetings? EPA is announcing its intention to hold virtual public meetings on September 30 and October 1, 2024, to seek individual input from the public on the proposed efforts regarding pre-prioritization and the consideration of existing chemical substances for future prioritization actions under the TSCA. The virtual public meetings will take place on two separate days, but the content presented at each meeting will be identical. EPA intends to explain the prioritization process and provide an overview of information that may be used to inform the considerations that ultimately support a High- or Low-Priority Substance designation, such as information on conditions of use and health effects resulting from exposure to the chemicals of interest. In addition, the Agency intends to share the list of candidate chemical substances currently being considered for future prioritization actions, along with relevant information available to EPA, and intends to open a comment period to provide an opportunity for stakeholders to comment on the data and scientific research available that may be used to help EPA determine which chemical substances may undergo prioritization in the near term. Following EPA's presentation during the public webinars, interested persons will have opportunities to provide feedback and/or potentially relevant information regarding the prioritization efforts, with priority given to those who registered for oral comments. Instructions on registering for the public [[Page 68896]] meetings and contacting EPA to communicate an interest in providing an oral comment are detailed in this document. B. How can I participate the virtual public meetings? The public meetings are virtual and will be accessible via webcast. To receive a virtual meeting link via email, use the public virtual meeting respective registration links provided under ADDRESSES, and be sure to register by the deadline under DATES. A virtual meeting link will be sent via email to persons who register. EPA will make every effort to present the information and allow for as many entities as possible to provide a brief oral comment within the allotted time on the day of the webinar, but please plan for the webinars to run either ahead of or behind schedule. Following EPA's presentation during the public webinars, interested persons will have opportunities to provide comments and/or potentially relevant information regarding upcoming prioritization efforts. You will also have the opportunity to provide written comments to the docket after the public meetings. Instructions on registering to attend or present at the public meetings, and to submit written comments following the virtual public meetings are detailed under DATES and ADDRESSES. Each individual or group wishing to make brief oral comments during the virtual public meetings should first register for the public meetings, and then also email their request to make oral comments with their name, affiliation, and contact information, to the person listed under FOR FURTHER INFORMATION CONTACT. Interested persons who have registered to provide a comment during the public meeting will each have approximately three minutes to do so. EPA also encourages you to submit a written copy of their oral comments to the docket. Written statements and supporting information submitted to the docket during the comment period will be considered with the same weight as oral comments and supporting information presented at the public meeting. C. How can I access the materials shared at the meeting? After the conclusion of the webinar on October 1, 2024, the material presented at the webinars, including the EPA presentation, the list of candidate chemical substances currently being considered for future prioritization actions, and related supporting information about those chemicals will be added to the docket, along with other materials provided by participants or that may become available. In addition, after the meetings, EPA intends to prepare meeting minutes summarizing the individual comments received at the meetings, which will be added to the docket as soon as they are available. D. What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit CBI information to EPA through https://www.regulations.gov or email. If you wish to include CBI in your comment, please follow the applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the part or all of the information that you claim to be CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2 and/or 40 CFR part 703, as applicable. 2. Tips for preparing your comments. When preparing and submitting your comments, see Tips for Effective Comments at https://www.epa.gov/dockets/commenting-epa-dockets#tips. 3. Multimedia submissions. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing systems). Please note that any updates made to any aspect of the webinar will be communicated with a document being added to the docket. While EPA expects the webinar to go forward as set forth above, please monitor our website, https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/us-epa-webinar-next-round-chemicals-substances-being, or see the person listed under FOR FURTHER INFORMATION CONTACT to determine if there are any updates. EPA does not intend to publish update announcements in this action. Authority: 15 U.S.C. 2601 et seq. Dated: August 22, 2024. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2024-19305 Filed 8-27-24; 8:45 am] BILLING CODE 6560-50-P

usgpo

2024-10-08T13:26:21.317390

FR

FR-2024-08-28/2024-19345

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68896-68897] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19345] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-12180-01-OW] Clean Water Act; Contractor Access to Confidential Business Information AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of intended transfer of confidential business information to contractor and its subcontractors. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) intends to transfer confidential business information (CBI) collected from numerous industries under a newly awarded blanket purchase agreement (BPA), effective July 19, 2024, to ICF International, LLC (ICF) and its subcontractors. In addition, the EPA intends to transfer CBI collected from the meat and poultry products (MPP) industry to ICF and its subcontractors under a task order on a different contract, effective July 3, 2024. Transfer of this information is necessary for ICF to assist the Office of Water in the preparation of effluent guidelines and standards and with its effluent guidelines planning and review activities. Much of the information being transferred was or will be collected under the authority of section 308 of the Clean Water Act (CWA). Interested persons may submit comments on this intended transfer of information to the address noted below. DATES: Comments on the transfer of data are due September 5, 2024. ADDRESSES: Comments may be sent to M. Ahmar Siddiqui, Document Control Officer, Engineering and Analysis Division (4303T), U.S. EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460, or via email at [email protected]. FOR FURTHER INFORMATION CONTACT: M. Ahmar Siddiqui, Document Control Officer, at (202) 566-1044, or via email at [email protected]. SUPPLEMENTARY INFORMATION: The EPA has transferred CBI to various contractors and subcontractors over the history of the effluent guidelines program under 40 CFR 2.302(h). The EPA determined that this transfer was necessary to enable the contractors and subcontractors to perform their work in supporting EPA in planning, developing, and reviewing effluent guidelines and standards for certain industries. In this document, pursuant to 40 CFR 2.302(h)(2), the EPA is giving notice that, effective July 19, 2024, it has entered into a new BPA with ICF, BPA number 68HERC24A0011, located in [[Page 68897]] Reston, Virginia. The purpose of this BPA is to secure economic and environmental assessment support for the EPA in its development, review, implementation, and defense of water-related initiatives for a variety of industries. To obtain assistance in responding to this BPA, ICF has entered into contracts with the following subcontractors and consultants: Cognistic LLC (located in Pittsburgh, Pennsylvania), Dr. Dennis Guignet (located in Blowing Rock, North Carolina), Dr. Robert Johnston (located in Millville, Massachusetts), Dr. David Andrew Keiser (located in Pelham, Massachusetts), Dr. Klaus Moeltner (located in Blacksburg, Virginia), Ebony Marketing Systems (located in New York, New York), Elena Besedin Consulting (located in Middletown, Rhode Island), Great Lakes Environmental Center (located in Traverse City, Michigan), Hawk Consulting LLC (located in Oak Island, North Carolina), Hellerworx, Inc. (located in Chevy Chase, Maryland), Innovate! Inc. (located in Alexandria, Virginia), Research Triangle Institute (located in Research Triangle Park, North Carolina), Resources for the Future (located in Washington, District of Columbia), Shadbegian Economic Consulting (located in Worcester, Massachusetts), Dr. Raghavan Srinivasan (located in Temple, Texas), and Texas A&M AgriLife Research (located in College Station, Texas). In addition to the BPA, the EPA is giving notice that it will be transferring CBI to ICF, located in Reston, VA, under contract number 68HERC23D0003. The purpose of this transfer is to support economic and environmental analysis support for the EPA in its development of effluent guidelines and standards for the MPP industry. To support this contract, ICF has entered into contracts with the following subcontractors and consultants: Neptune and Company (located in Lakewood, Colorado), Avanti Corporation (located in Alexandria, Virginia), Cadmus (located in Waltham, Massachusetts), Gibb Epidemiology Consulting (located in Washington, District of Columbia), Great Lakes Environmental Center (located in Traverse City, Michigan), Inotiv (located in Morrisville, North Carolina), Mote Marine Laboratory (located in Sarasota, Florida), Pradeep Rajan, LLC (located in Chapel Hill, North Carolina), Soller Environmental (located in Berkeley, California), Vireo Advisers, LLC (located in Boston, Massachusetts), Dr. Alexandria Boehm (located in Stanford, California), Dr. Erica McKenzie (located in Philadelphia, Pennsylvania), Dr. Kara Nelson (located in Berkeley, California), Dr. Ian Pepper (located in Tucson, Arizona), and Dr. Jill Stewart (located in Carrboro, North Carolina). All EPA contractor, subcontractor, and consultant personnel are bound by the requirements and sanctions contained in their contracts with the EPA and in the EPA's confidentiality regulations found at 40 CFR part 2, subpart B. ICF will adhere to EPA-approved security plans which describe procedures to protect CBI. ICF will apply the procedures in these plans to CBI previously gathered by the EPA and to CBI that may be gathered in the future. The security plans specify that contractor personnel are required to sign non-disclosure agreements and are briefed on appropriate security procedures before they are permitted access to CBI. No person is automatically granted access to CBI: a need to know must exist. The information that will be transferred to ICF consists of information previously collected by the EPA to support the development and review of effluent limitations guidelines and standards under the CWA and that the EPA had transferred to ICF under a previous contract with them. In particular, information, including CBI, collected for the planning, development, and review of effluent limitations guidelines and standards for the following industries may be transferred to ICF under the new contract: airport deicing; aquaculture; centralized waste treatment; coal bed methane; concentrated animal feeding operations; coal mining; construction and development; drinking water treatment; industrial container and drum cleaning; industrial laundries; industrial waste combustors; iron and steel manufacturing; landfills; meat and poultry products; metal finishing; metal products and machinery; nonferrous metals manufacturing; oil and gas extraction (including coalbed methane); ore mining and dressing; organic chemicals, plastics, and synthetic fibers; pesticide chemicals; petroleum refining; pharmaceutical manufacturing; pulp, paper, and paperboard manufacturing; shale gas extraction; steam electric power generation; textile mills; timber products processing; tobacco; transportation equipment cleaning; and other industrial categories that the EPA has reviewed or may review as part of its CWA required annual review activities. The EPA also intends to transfer to ICF all information listed in this document, of the type described above (including CBI) that may be collected in the future under the authority of section 308 of the CWA or voluntarily submitted (e.g., in comments in response to a Federal Register notice), as is necessary to enable ICF to carry out the work required by its BPA and contract to support EPA's effluent guidelines planning and review process and the development of effluent limitations guidelines and standards. Deborah Nagle, Director, Office of Science and Technology, Office of Water. [FR Doc. 2024-19345 Filed 8-27-24; 8:45 am] BILLING CODE 6560-50-P

usgpo

2024-10-08T13:26:21.356935

FR

FR-2024-08-28/2024-19306

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68897-68898] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19306] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2023-0430; FRL-11382-02-OCSPP] Pesticides; Final Guidance and Test Method for Antimicrobial Product Efficacy Claims Against Planktonic Legionella Pneumophila in Cooling Tower Water; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA or Agency) is announcing the availability of the final guidance and test method for adding efficacy claims to antimicrobial products for use in cooling tower water to reduce the level of planktonic Legionella pneumophila (L. pneumophila). The method and guidance describe quantitative efficacy testing of antimicrobial products to support claims for the reduction of planktonic L. pneumophila in water within cooling tower systems and how to prepare an application for registration. The guidance does not address adherent or sessile bacteria that attach to a surface (e.g., biofilm) of the cooling tower system or any other microorganism other than L. pneumophila which may be found in the water of cooling tower systems. DATES: The guidance is effective on August 28, 2024. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2023-0430, is available online at https://www.regulations.gov. Additional information about dockets generally, along with instructions for visiting the docket in-person, is available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: About the method: Lisa S. Smith, Microbiology Laboratory Branch (7503M), Biological and Economic Analysis Division, Office of Pesticide [[Page 68898]] Programs, Environmental Protection Agency, Environmental Science Center, 701 Mapes Road, Ft. Meade, MD 20755-5350; telephone number: (410) 305-2637; email address: [email protected]. About the guidance: C[eacute]sar E. Cordero, Efficacy Branch (7510M), Antimicrobials Division, Office of Pesticide Programs, Environmental Protection Agency, William Jefferson Clinton East Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-3716; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Executive Summary A. Does this action apply to me? This action is directed to the public in general; although this action may be of particular interest to those persons who are or may be required to conduct efficacy testing of chemical substances under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the appropriate person listed under FOR FURTHER INFORMATION CONTACT. B. What is the Agency's authority for taking this action? EPA is issuing this guidance and test method document pursuant to its authority under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. C. What action is the Agency taking? EPA is announcing the availability of the final guidance and test method for adding efficacy claims to antimicrobial products for use in cooling tower water to reduce the level of planktonic Legionella pneumophila (L. pneumophila). The final method and guidance documents describe quantitative efficacy testing for antimicrobial products to support planktonic L. pneumophila reduction claims in cooling tower systems' water and how to prepare an application for registration. The guidance and method do not address any use sites outside of water in cooling tower systems or efficacy against L. pneumophila bacteria that can be found inside cells of other organisms (e.g., protozoa), attached to a surface or associated with biofilms. D. Does this guidance document impose binding requirements? As guidance, these documents are not binding on the Agency or any outside parties, and the Agency may depart from these documents where circumstances warrant and without prior notice. While EPA has made every effort to ensure the accuracy of the discussion in the guidance, the obligations of EPA and the regulated community are determined by statutes, regulations, or other legally binding documents. In the event of a conflict between the discussion in the guidance documents and any statute, regulation, or other legally binding document, the guidance documents will not be controlling. II. Background EPA developed the guidance and test method in response to requests from stakeholders that asked EPA to develop a test method, guidance, and an associated registration process to support adding claims to antimicrobial products intended to control planktonic L. pneumophila in cooling tower water. Stakeholders and the public have significant interest in the availability of antimicrobial products with these claims, particularly industrial, institutional and health care settings where large cooling tower systems are often used. In October 2023, EPA announced the availability and sought public comments on the draft guidance and test method (88 FR 67749, October 2, 2023 (FRL-11382-01-OCSPP)). The Agency received 41 comments regarding clarifications and revisions to the draft guidance and test method. After considering the public comments, EPA is releasing the final guidance and test method documents, as well as a response to comments document. Authority: 7 U.S.C. 136 et seq. Dated: August 22, 2024. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2024-19306 Filed 8-27-24; 8:45 am] BILLING CODE 6560-50-P

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FR

FR-2024-08-28/2024-19326

Federal Register Volume 89 Issue 167 (August 28, 2024)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)] [Notices] [Pages 68898-68899] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-19326] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2024-0014; FRL-12216-01-OAR] Clean Air Act Advisory Committee (CAAAC): Notice of Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of meeting. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), the Environmental Protection Agency (EPA) is announcing a public meeting of the Clean Air Act Advisory Committee (CAAAC). The EPA renewed the CAAAC charter on October 31, 2022, to provide independent advice and counsel to EPA on economic, environmental, technical, scientific and enforcement policy issues associated with implementation of the Clean Air Act of 1990. DATES: The CAAAC will hold its next hybrid (in-person and virtual) public meeting on Tuesday, September 17, 2024, from 1:00 p.m. to 4:00 p.m. (EST) and Wednesday, September 18, 2024, from 9:00 a.m. to 12:00 p.m. (EST). Members of the public may register to listen to the meeting or provide comments, by emailing [email protected] by 5:00 p.m. (EST) September 16, 2024. FOR FURTHER INFORMATION CONTACT: Lorraine Reddick, Designated Federal Officer, Clean Air Act Advisory Committee (6103A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-564-1293; email address: [email protected]. Additional information about this meeting, the CAAAC, and its subcommittees and workgroups can be found on the CAAAC website: http://www.epa.gov/caaac. SUPPLEMENTARY INFORMATION: Pursuant to 5 U.S.C. App. 2 section 10(a)(2), notice is hereby given that the Clean Air Act Advisory Committee will hold its next hybrid (in-person and virtual) public meeting on Tuesday, September 17, 2024, from 1:00 p.m. to 4:00 p.m. (EST) and Wednesday, September 18, 2024, from 9:00 a.m. to 12:00 p.m. (EST). The committee agenda and any documents prepared for the meeting will be publicly available on the CAAAC website at http://www.epa.gov/caaac prior to the meeting. Thereafter, these documents, together with CAAAC meeting minutes, will be available on the CAAAC website or by contacting the Office of Air and Radiation Docket and requesting information under docket EPA-HQ-OAR-2024-0014. The docket office can be reached by email at: [email protected] or FAX: 202-566-9744. For information on access or services for individuals with disabilities, please contact Lorraine Reddick at [email protected], preferably at least 7 days prior to the meeting to give [[Page 68899]] EPA as much time as possible to process your request. Lorraine Reddick, Designated Federal Officer, Office of Air Policy and Program Support. [FR Doc. 2024-19326 Filed 8-27-24; 8:45 am] BILLING CODE 6560-50-P

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