Leaders in Advancing Safety and Environmental Stewardship, 80149-80150 [2020-27237]
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
The Bureau of Reclamation is
announcing the interest rate to be used
by Federal agencies in the formulation
and evaluation of plans for water and
related land resources is 2.50 percent for
fiscal year 2021. The prior year’s rate, as
announced in the Federal Register on
December 17, 2019, was 2.75 percent for
fiscal year 2020.
DATES: This discount rate is to be used
for the period October 1, 2020, through
and including September 30, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Fernando Castro-Alvarez, Bureau of
Reclamation, Reclamation Law
Administration Division, P.O. Box
25007, Denver, Colorado 80225;
telephone 303–445–2821.
SUPPLEMENTARY INFORMATION: The Water
Resources Planning Act of 1965 and the
Water Resources Development Act of
1974 require an annual determination of
a discount rate for Federal water
resources planning. The discount rate
for Federal water resources planning for
fiscal year 2021 is 2.50 percent.
Discounting is to be used to convert
future monetary values to present
values.
This rate has been computed in
accordance with Section 80(a), Public
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704.39, which: (1) Specify that the rate
will be based upon the average yield
during The preceding fiscal year on
interest-bearing marketable securities of
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computation is made, have terms of 15
years or more remaining to maturity
(average yield is rounded to nearest oneeighth percent); and (2) provide that the
rate will not be raised or lowered more
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Treasury calculated the specified
average to be 1.5730 percent. In
accordance with the Water Resource
Council Rules and Regulations, the
maximum adjustment allowed for the
current fiscal year rate is one-quarter of
one percentage point from the previous
fiscal year rate, which was 2.75 percent.
Therefore, the fiscal year 2021 rate is
2.50 percent.
The rate of 2.50 percent will be used
by all Federal agencies in the
formulation and evaluation of water and
related land resources plans for the
purpose of discounting future benefits
and computing costs or otherwise
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SUMMARY:
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
[EEEE500000 21XE1700DX
EX1SF0000.EAQ000]
Leaders in Advancing Safety and
Environmental Stewardship
Bureau of Safety and
Environmental Enforcement, Interior.
ACTION: Notice.
AGENCY:
[FR Doc. 2020–27294 Filed 12–10–20; 8:45 am]
The Bureau of Safety and
Environmental Enforcement (BSEE)
developed objective, qualitative and
quantifiable criteria to create a ‘‘Leaders
in Advancing Safety and Environmental
Stewardship’’ Recognition Program to
recognize operators who demonstrate
exemplary operating performance or
sustained safety and environmental
stewardship improvements on their
Outer Continental Shelf (OCS) oil and
gas facilities, including support vessels,
and leadership within the industry
regarding operational safety and
environmental performance. BSEE’s
process for identifying ‘‘Leaders in
Advancing Safety and Environmental
Stewardship’’ is consistent with BSEE’s
inspection programs, regulations, and
Notice to Operators and Lessees (NTL)
No. 2008–N02, Outer Continental Shelf
(OCS) Inspection Program. The
‘‘Leaders in Advancing Safety and
Environmental Stewardship’’
Recognition Program will recognize
OCS operators demonstrating high
levels of operational safety, sustained
safety improvement, or industry
leadership on operational safety issues.
The primary objective of the
Recognition Program is to drive OCS
operators to significantly improve safety
and environmental prioritization,
culture, and performance on OCS
facilities and to encourage them to
become leaders in industry regarding
operational safety and environmental
issues. Another objective is to create a
platform through which BSEE can
educate the public regarding the fact
that OCS operators can conduct
complex and high-risk operations on
OCS oil and gas facilities in a way that
is safe for personnel, the public, and the
environment.
DATES: This notice will become effective
on December 11, 2020.
FOR FURTHER INFORMATION CONTACT:
Jason Mathews, Bureau of Safety and
Environmental Enforcement, Chief,
Safety Improvement Branch, (504) 731–
1496, or by email: jason.mathews@
bsee.gov.
BILLING CODE 4332–90–P
SUPPLEMENTARY INFORMATION:
Signed:
Christopher J. Beardsley,
Director, Policy and Programs.
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SUMMARY:
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80149
Each year, BSEE Gulf of Mexico and
Pacific Regions conduct Annual
Performance Reviews (APRs) of OCS
operators. The APRs consist of a review
of the following:
• The operator’s compliance history,
as reflected in findings from the BSEE
Inspection Program;
• The operator’s safety record as it
relates to incidents;
• Any action that BSEE has
forwarded to the BSEE Safety
Enforcement Division (SED) for review
for potential assessment of a civil
penalty; and,
• The results of the most recent
internal and regulatory audits of the
operator’s Safety and Environmental
Management System (SEMS) program.
BSEE will use the information
gathered during the APRs to provide
factual bases for determining eligibility
for operator recognition.
For an OCS operator to qualify for
consideration as a Leader in Advancing
Safety and Environmental Stewardship,
the operator must have either:
1. An Injury/Illness Combined Rate
(total recordables) less than the OCS
average for the prior reporting year, or
2. Demonstrate two or more
consecutive years of improvement of its
Injury/Illness Combined Rate.
In addition, the OCS operator’s
operations for the reporting must not
have included any of the following:
• Fatality;
• Incident with ≥ 3 injuries;
• Major pollution incidents;
• Major Fire/Explosion;
• ≥ 3 Incidents of Noncompliance
(INCs) forwarded for civil penalty cases
or $1 million in cumulative proposed
fines;
• Loss of Well Control; (not to
include shallow water flow)
• ≥ 3 Facilities on Increased
Oversight List;
• Order to perform an additional
Directed SEMS Audit; or,
• A sustained environmental
compliance record <90 percent with
assigned environmental mitigation
measures and similar regulatory
requirements; or,
• Placement on a Performance
Improvement Plan.
If an OCS operator is disqualified by
any of the factors above, BSEE may
reconsider the operator for potential
recognition if the issue(s) is satisfied
prior to March 31st of the following
year.
For OCS operators that meet the
requirements above, BSEE will also look
at how those operators are providing
leadership within the industry regarding
operational safety. BSEE will consider
whether the OCS operator is offering
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80150
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
industry advice and details on steps it
has taken that have resulted in
significant improvement to its safety
performance, and leadership positions it
has taken within industry organizations,
such as the American Petroleum
Institute (API), the Offshore Operators
Committee (OOC), or The Center for
Offshore Safety (COS), with a focus on
advancing safety. Similarly, BSEE will
also assess how operators are providing
guidance and supporting environmental
research, mitigation assessments, and
project validation of pollution
prevention, spill preparedness/
response, and environmental
compliance efforts, which not only
benefit their operations and stewardship
culture, but every partner in the OCS
energy program.
Environmental stewardship
components that BSEE will consider
include:
• A sustained compliance record (≤
90-percent) with assigned
environmental mitigation measures and
similar regulatory requirements, as
confirmed by office and field
verification;
• Participation and leadership with
critical Joint Industry Project (JIP) efforts
and within environmental and/or
pollution prevention-focused
workgroups and teams;
• Response preparedness and
planning assessments;
• Non-compulsory enhancements and
innovation above and beyond standard
pollution prevention requirements; and
• Repeated (100-percent) appropriate
and constructive response on corrective/
remedial actions associated with all
noncompliance issues.
For information on the ‘‘Leaders in
Advancing Safety and Environmental
Stewardship’’ Recognition Program or
the submission of comments, the public
should contact Mr. Jason Mathews,
Chief, Safety Improvement Branch,
Regional Field Operations (GE 1073E),
BSEE, Gulf of Mexico OCS Region, 1201
Elmwood Park Boulevard, New Orleans,
Louisiana 70123–2394, (504) 731–1496.
BSEE will implement this program in
2021, with qualifying OCS operators
recognized in 2022 for their 2020 and
2021 calendar year performance. BSEE
will initiate performance reviews
beginning in January 2021 and January
2022, and all OCS operators who meet
the minimum requirements and are
selected by BSEE for recognition, will be
identified by April-May 2022.
Casey Hammond,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
[FR Doc. 2020–27237 Filed 12–10–20; 8:45 am]
BILLING CODE 4310–VH–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1088
(Rescission)]
Certain Road Construction Machines
and Components Thereof;
Commission Decision to Institute a
Rescission Proceeding; Permanent
Rescission of a Seizure and Forfeiture
Order; Termination of the Rescission
Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to institute
a proceeding to determine whether to
permanently rescind the Commission’s
seizure and forfeiture order (‘‘SFO’’) of
January 14, 2020 (corrected January 23,
2020) issued against Wirtgen America,
Inc. (‘‘Wirtgen America’’). The SFO is
permanently rescinded. The rescission
proceeding is terminated.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on November 29, 2017, based on a
complaint, as supplemented, filed by
Caterpillar Inc. of Peoria, Illinois and
Caterpillar Paving Products, Inc. of
Minneapolis, Minnesota (collectively,
‘‘Caterpillar’’). See 82FR 56625–26 (Nov.
29, 2017). The complaint, as
supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337) (‘‘section
337’’), based upon the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain road construction machines and
SUMMARY:
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components thereof by reason of
infringement of certain claims of U.S.
Patent Nos. 7,140,693 (‘‘the ’693
patent’’); 9,045,871; and 7,641,419. See
id. The notice of investigation identifies
the following respondents: Wirtgen
GmbH of Windhagen, Germany; Joseph
Vo¨gele AG of Ludwigshafen, Germany;
Wirtgen Group Holding GmbH of
Windhagen, Germany; and Wirtgen
America of Antioch, Tennessee
(collectively, ‘‘Wirtgen’’). See id. The
Office of Unfair Import Investigations is
not a party to this investigation. See id.
On June 27, 2019, the Commission
found a violation of section 337 in the
above-identified investigation based on
the infringement of claim 19 of the ’693
patent and issued a limited exclusion
order against the infringing articles and
a cease and desist order (collectively,
‘‘the remedial orders’’) against Wirtgen
America. The United States Customs
and Border Protection (‘‘Customs’’)
subsequently excluded six Wirtgen
redesigned series 1810 machines in
December 2019. Based on such
exclusion, the Commission issued the
subject SFO on January 14, 2020
(corrected January 23, 2020). On March
13, 2020, Wirtgen filed an appeal from
the SFO (‘‘the SFO appeal’’) to the U.S.
Court of Appeals for the Federal Circuit
(‘‘Federal Circuit’’).
On January 30, 2020, Wirtgen filed a
civil action against Customs and related
U.S. government parties (collectively,
‘‘the U.S. government’’) in the U.S.
Court of International Trade (‘‘CIT’’)
under 28 U.S.C. 1581(a) and (i). The
Commission moved to intervene to
contest the CIT’s exercise of
jurisdiction, and the CIT denied the
Commission’s motion. The CIT
exercised jurisdiction under section
1581(a) over the U.S. government’s
objections and granted summary
judgment for Wirtgen as to the excluded
entries of the redesigned machines at
issue. The CIT also ordered Customs to
release the machines for entry into the
United States no later than Thursday,
May 21, 2020. On July 14, 2020, the U.S.
government appealed the CIT’s decision
to the Federal Circuit (‘‘the CIT
appeal’’).
On May 21, 2020, arguing that the
predicate for the SFO had been
invalidated by the CIT, Wirtgen filed an
emergency motion to stay or temporarily
rescind the SFO pending resolution of
any CIT appeal. On June 10, 2020, the
Commission determined to deny
Wirtgen’s motion to stay, but granted
Wirtgen’s motion for temporary
rescission of the SFO, thus temporarily
suspending the SFO until such time as
the CIT’s decision is modified, stayed,
or overturned. On June 15, 2020, the
E:\FR\FM\11DEN1.SGM
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]]>Agencies
- DEPARTMENT OF THE INTERIOR
- Bureau of Safety and Environmental Enforcement
[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80149-80150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27237]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
[EEEE500000 21XE1700DX EX1SF0000.EAQ000]
Leaders in Advancing Safety and Environmental Stewardship
AGENCY: Bureau of Safety and Environmental Enforcement, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Safety and Environmental Enforcement (BSEE)
developed objective, qualitative and quantifiable criteria to create a
``Leaders in Advancing Safety and Environmental Stewardship''
Recognition Program to recognize operators who demonstrate exemplary
operating performance or sustained safety and environmental stewardship
improvements on their Outer Continental Shelf (OCS) oil and gas
facilities, including support vessels, and leadership within the
industry regarding operational safety and environmental performance.
BSEE's process for identifying ``Leaders in Advancing Safety and
Environmental Stewardship'' is consistent with BSEE's inspection
programs, regulations, and Notice to Operators and Lessees (NTL) No.
2008-N02, Outer Continental Shelf (OCS) Inspection Program. The
``Leaders in Advancing Safety and Environmental Stewardship''
Recognition Program will recognize OCS operators demonstrating high
levels of operational safety, sustained safety improvement, or industry
leadership on operational safety issues. The primary objective of the
Recognition Program is to drive OCS operators to significantly improve
safety and environmental prioritization, culture, and performance on
OCS facilities and to encourage them to become leaders in industry
regarding operational safety and environmental issues. Another
objective is to create a platform through which BSEE can educate the
public regarding the fact that OCS operators can conduct complex and
high-risk operations on OCS oil and gas facilities in a way that is
safe for personnel, the public, and the environment.
DATES: This notice will become effective on December 11, 2020.
FOR FURTHER INFORMATION CONTACT: Jason Mathews, Bureau of Safety and
Environmental Enforcement, Chief, Safety Improvement Branch, (504) 731-
1496, or by email: [email protected].
SUPPLEMENTARY INFORMATION:
Each year, BSEE Gulf of Mexico and Pacific Regions conduct Annual
Performance Reviews (APRs) of OCS operators. The APRs consist of a
review of the following:
The operator's compliance history, as reflected in
findings from the BSEE Inspection Program;
The operator's safety record as it relates to incidents;
Any action that BSEE has forwarded to the BSEE Safety
Enforcement Division (SED) for review for potential assessment of a
civil penalty; and,
The results of the most recent internal and regulatory
audits of the operator's Safety and Environmental Management System
(SEMS) program.
BSEE will use the information gathered during the APRs to provide
factual bases for determining eligibility for operator recognition.
For an OCS operator to qualify for consideration as a Leader in
Advancing Safety and Environmental Stewardship, the operator must have
either:
1. An Injury/Illness Combined Rate (total recordables) less than
the OCS average for the prior reporting year, or
2. Demonstrate two or more consecutive years of improvement of its
Injury/Illness Combined Rate.
In addition, the OCS operator's operations for the reporting must
not have included any of the following:
Fatality;
Incident with >= 3 injuries;
Major pollution incidents;
Major Fire/Explosion;
>= 3 Incidents of Noncompliance (INCs) forwarded for civil
penalty cases or $1 million in cumulative proposed fines;
Loss of Well Control; (not to include shallow water flow)
>= 3 Facilities on Increased Oversight List;
Order to perform an additional Directed SEMS Audit; or,
A sustained environmental compliance record <90 percent
with assigned environmental mitigation measures and similar regulatory
requirements; or,
Placement on a Performance Improvement Plan.
If an OCS operator is disqualified by any of the factors above,
BSEE may reconsider the operator for potential recognition if the
issue(s) is satisfied prior to March 31st of the following year.
For OCS operators that meet the requirements above, BSEE will also
look at how those operators are providing leadership within the
industry regarding operational safety. BSEE will consider whether the
OCS operator is offering
[[Page 80150]]
industry advice and details on steps it has taken that have resulted in
significant improvement to its safety performance, and leadership
positions it has taken within industry organizations, such as the
American Petroleum Institute (API), the Offshore Operators Committee
(OOC), or The Center for Offshore Safety (COS), with a focus on
advancing safety. Similarly, BSEE will also assess how operators are
providing guidance and supporting environmental research, mitigation
assessments, and project validation of pollution prevention, spill
preparedness/response, and environmental compliance efforts, which not
only benefit their operations and stewardship culture, but every
partner in the OCS energy program.
Environmental stewardship components that BSEE will consider
include:
A sustained compliance record (>90-percent) with assigned
environmental mitigation measures and similar regulatory requirements,
as confirmed by office and field verification;
Participation and leadership with critical Joint Industry
Project (JIP) efforts and within environmental and/or pollution
prevention-focused workgroups and teams;
Response preparedness and planning assessments;
Non-compulsory enhancements and innovation above and
beyond standard pollution prevention requirements; and
Repeated (100-percent) appropriate and constructive
response on corrective/remedial actions associated with all
noncompliance issues.
For information on the ``Leaders in Advancing Safety and
Environmental Stewardship'' Recognition Program or the submission of
comments, the public should contact Mr. Jason Mathews, Chief, Safety
Improvement Branch, Regional Field Operations (GE 1073E), BSEE, Gulf of
Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, Louisiana
70123-2394, (504) 731-1496.
BSEE will implement this program in 2021, with qualifying OCS
operators recognized in 2022 for their 2020 and 2021 calendar year
performance. BSEE will initiate performance reviews beginning in
January 2021 and January 2022, and all OCS operators who meet the
minimum requirements and are selected by BSEE for recognition, will be
identified by April-May 2022.
Casey Hammond,
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2020-27237 Filed 12-10-20; 8:45 am]
BILLING CODE 4310-VH-P
