[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Notices]
[Pages 13742-13743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05093]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0016]


Meetings To Implement Pandemic Response Voluntary Agreement Under 
Section 708 of the Defense Production Act

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

ACTION: Announcement of meetings.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is holding a 
series of meetings, under the Plan of Action to Establish a National 
Strategy for the Coordination of National Multimodal Healthcare Supply 
Chains to Respond to COVID-19, to implement the Voluntary Agreement for 
the Manufacture and Distribution of Critical Healthcare Resources 
Necessary to Respond to a Pandemic.

DATES: 
     Wednesday, March 2, 2022, from 1 p.m. to 3 p.m. Eastern 
Time (ET).
     Wednesday, March 16, 2022, from 1 p.m. to 3 p.m. ET.
     Wednesday, March 30, 2022, from 1 p.m. to 3 p.m. ET.
     Wednesday, April 13, 2022, from 1 p.m. to 3 p.m. ET.
     Wednesday, April 27, 2022, from 1 p.m. to 3 p.m. ET.
     Wednesday, May 11, 2022, from 1 p.m. to 3 p.m. ET.
     Wednesday, May 25, 2022, from 1 p.m. to 3 p.m. ET.

FOR FURTHER INFORMATION CONTACT: Robert Glenn, Office of Business, 
Industry, and Infrastructure Integration, via email at 
[email protected] 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 representatives of industry, business, and other 
interests to help provide for the national defense.\1\ The President's 
authority to facilitate voluntary agreements with respect to responding 
to the spread of COVID-19 within the United States was delegated to the 
Secretary of Homeland Security in Executive Order 13911.\2\ The 
Secretary of Homeland Security 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, Manufacture and Distribution of Critical Healthcare 
Resources Necessary to Respond to a Pandemic'' (Voluntary 
Agreement).\4\ Unless terminated earlier, 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 October 15, 2021, the sixth plan of action under the Voluntary 
Agreement--the Plan of Action to Establish a National Strategy for the 
Coordination of National Multimodal Healthcare Supply Chains to Respond 
to COVID-19--was finalized.\5\ This plan of action established several 
sub-committees under the Voluntary Agreement, focusing on different 
transportation categories.
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    \5\ See 86 FR 57444 (Oct. 15, 2021). See also 87 FR 6880 (Feb. 
7, 2022).
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    The meetings are chaired by the FEMA Administrator's delegates from 
the Office of Response and Recovery (ORR) and Office of Policy and 
Program Analysis (OPPA), attended by the Attorney General's delegates 
from the U.S. Department of Justice, and attended by the Chairman of 
the Federal Trade Commission's delegates. 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 are as follows:

    1. Convene the various Sub-Committees focused on Surface, 
Maritime, and Aviation Transportation under the National Multimodal 
Healthcare Supply Chains Plan of Action to establish priorities 
related to the COVID-19 response under the Voluntary Agreement.
    2. Convene the Requirements Sub-Committee under the National 
Multimodal Healthcare Supply Chains Plan of Action, as a culmination 
of the above series of meetings, by the end of May 2022.
    3. Gather Sub-Committee Participants and Attendees to ask 
targeted questions for situational awareness.
    4. Identify pandemic-related supply chain issues, information 
gaps, and areas for potential additional discussion.
    5. Identify potential Objectives and Actions under the Sub-
Committees focused on Surface, Maritime, and Aviation 
Transportation.

    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), such as trade secrets and commercial or financial 
information.
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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).
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    The Sponsor of the Voluntary Agreement, the FEMA Administrator, 
found that these meetings to implement the Voluntary Agreement involve 
matters which fall within the purview of matters described in 5 U.S.C. 
552b(c) and the meetings are therefore closed to the public.
    Specifically, these meetings may require 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 to the public pursuant to 5 U.S.C. 552b(c)(4).
    The success of the Voluntary Agreement depends wholly on the 
willing participation of the private sector participants. Failure to 
close these meetings to the public could reduce active participation by 
the signatories due to a perceived risk that sensitive company 
information could be released to the public. A public disclosure of a 
private sector participant's information executed prematurely could 
reduce trust and support for the Voluntary Agreement.
    A resulting loss of support by the participants for the Voluntary 
Agreement would significantly hinder

[[Page 13743]]

the implementation of the Agency's objectives. Thus, these meeting 
closures are permitted pursuant to 5 U.S.C. 552b(c)(9)(B).

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-05093 Filed 3-9-22; 8:45 am]
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