[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83985-83986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28373]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket ID FEMA-2020-0016]
Meeting To Implement Pandemic Response Voluntary Agreement Under
Section 708 of the Defense Production Act
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Announcement of meeting.
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SUMMARY: The Federal Emergency Management Agency (FEMA) held a series
of meetings remotely via web conference to implement the Voluntary
Agreement for the Manufacture and Distribution of Critical Healthcare
Resources Necessary to Respond to a Pandemic.
DATES: The first meeting took place on Monday, December 14, 2020, from
2 to 4 p.m. Eastern Time (ET). The second meeting took place on
Wednesday, December 16, 2020, from 2 to 4 p.m. ET. The third meeting
took place on Friday, December 18, 2020, from 11 a.m. to 1 p.m. ET.
FOR FURTHER INFORMATION CONTACT: Robert Glenn, Office of Business,
Industry, Infrastructure Integration, via email at OB3I@fema.dhs.gov or
via phone at (202) 212-1666.
SUPPLEMENTARY INFORMATION: Notice of these meetings is provided as
required by section 708(h)(8) of the Defense Production Act (DPA), 50
U.S.C. 4558(h)(8), and consistent with 44 CFR part 332.
The DPA authorizes the making of ``voluntary agreements and plans
of action'' with, among others, representatives of industry and
business to help provide for the national defense.\1\ The President's
authority to facilitate voluntary agreements was delegated to the
Secretary of Homeland Security with respect to responding to the spread
of COVID-19 within the United States in Executive Order 13911.\2\ The
Secretary of Homeland Security has further delegated this authority to
the FEMA Administrator.\3\
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\1\ 50 U.S.C. 4558(c)(1).
\2\ 85 FR 18403 (Apr. 1, 2020).
\3\ DHS Delegation 09052, Rev. 00.1 (Apr. 1, 2020); DHS
Delegation Number 09052 Rev. 00 (Jan. 3, 2017).
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On August 17, 2020, after the appropriate consultations with the
Attorney General and the Chairman of the Federal Trade Commission, FEMA
completed and published in the Federal Register a ``Voluntary Agreement
for the Manufacture and Distribution of Critical Healthcare Resources
Necessary to Respond to a Pandemic'' (Voluntary Agreement).\4\ Unless
terminated prior to that date, the Voluntary Agreement is effective
until August 17, 2025, and may be extended subject to additional
approval by the Attorney General after consultation with the Chairman
of the Federal Trade Commission. The Agreement may be used to prepare
for or respond to any pandemic, including COVID-19, during that time.
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\4\ 85 FR 50035 (Aug. 17, 2020). The Attorney General, in
consultation with the Chairman of the Federal Trade Commission, made
the required finding that the purpose of the voluntary agreement may
not reasonably be achieved through an agreement having less
anticompetitive effects or without any voluntary agreement and
published the finding in the Federal Register on the same day. 85 FR
50049 (Aug. 17, 2020).
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On December 7, 2020, the first plan of action under the Voluntary
Agreement--the Plan of Action to Establish a National Strategy for the
Manufacture, Allocation, and Distribution of Personal Protective
Equipment (PPE) to Respond to COVID-19 (Plan of Action)--was
finalized.\5\ The Plan of Action established the Personal Protective
Equipment Sub-Committee to Define COVID-19 PPE Requirements (Sub-
Committee).
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\5\ See 85 FR 78869 (Dec. 7, 2020). See also 85 FR 79020 (Dec.
8, 2020).
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The meetings covered by this notice were held by the Sub-Committee
to implement the Voluntary Agreement. The meetings were chaired by the
FEMA Administrator or his delegate, and attended by the Attorney
General or his delegate and the Chairman of the Federal Trade
Commission or his delegate. In implementing the Voluntary Agreement,
FEMA adheres to all procedural requirements of 50 U.S.C. 4558 and 44
CFR part 332.
Meeting Objectives: The objectives of the meetings were to:
(1) Establish priorities for COVID-19 PPE under the Voluntary
Agreement;
(2) Identify the first tasks that should be completed under the
Plan of Action;
(3) Identify information gaps and areas that merit sharing (from
both FEMA to private sector and vice versa); and
[[Page 83986]]
(4) Identify additional Participants that should be a part of the
Voluntary Agreement and Plan of Action.
Meetings Closed to the Public: By default, the DPA requires
meetings held to implement a voluntary agreement or plan of action be
open to the public.\6\ However, attendance may be limited if the
Sponsor \7\ of the voluntary agreement finds that the matter to be
discussed at a meeting falls within the purview of matters described in
5 U.S.C. 552b(c). The Sponsor of the Voluntary Agreement, the FEMA
Administrator, found that these meetings to implement the Voluntary
Agreement involved matters which fell within the purview of matters
described in 5 U.S.C. 552b(c) and were therefore closed to the
public.\8\
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\6\ See 50 U.S.C. 4558(h)(7).
\7\ ``[T]he individual designated by the President in subsection
(c)(2) [of section 708 of the DPA] to administer the voluntary
agreement, or plan of action.'' 50 U.S.C. 4558(h)(7).
\8\ Under 50 U.S.C. 4558(h)(8), the Sponsor generally must
publish in the Federal Register prior notice of any meeting held to
carry out a voluntary agreement or plan of action. However, when the
Sponsor finds that the matters to be discussed at such meeting fall
within the purview of matters described in 5 U.S.C. 552b(c), notice
of the meeting may instead be published in the Federal Register
within ten days of the date of the meeting. See 50 U.S.C.
4558(h)(8).
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Specifically, the meetings to implement the Voluntary Agreement
could have required participants to disclose trade secrets or
commercial or financial information that is privileged or confidential.
Disclosure of such information allows for meetings to be closed
pursuant to 5 U.S.C. 552b(c)(4). In addition, the success of the
Voluntary Agreement depends wholly on the willing and enthusiastic
participation of private sector participants. Failure to close these
meetings could have had a strong chilling effect on participation by
the private sector and caused a substantial risk that sensitive
information would be prematurely released to the public, resulting in
participants withdrawing their support from the Voluntary Agreement and
thus significantly frustrating the implementation of the Voluntary
Agreement. Frustration of an agency's objective due to premature
disclosure of information allows for the closure of a meeting to
pursuant to 5 U.S.C. 552b(c)(9)(B).
Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-28373 Filed 12-22-20; 8:45 am]
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