Lawsuit Aims to Protect Threatened Iconic Hawaiian Forest Bird Magnificent ‘I‘iwi Needs Critical Habitat, Recovery Plan The Center for Biological Diversity today sued the U.S. Fish and Wildlife Service for failing to designate critical habitat and develop a recovery plan for the threatened ‘i‘iwi, the best known of Hawai‘i’s imperiled honeycreepers. ‘I‘iwi are medium-sized Hawaiian forest birds known for their iconic bright red plumage, black wings and distinctive long, curved bill. Because of the extensive threats of mosquito-borne diseases, rapid ‘ōhi‘a death — an invasive fungal disease that is killing ‘ōhi‘a trees at an alarming rate — and climate change, the Service listed the ‘i‘iwi as threatened on Sept. 20, 2017. The Endangered Species Act required the agency to designate critical habitat with its listing determination and develop a recovery plan for the bird. Yet the Service has failed to do so. “The beautiful ‘i‘iwi needs our help and it needs it now,” said Maxx Phillips, the Center’s Hawai‘i director and staff attorney. “The U.S. Fish and Wildlife Service’s foot-dragging is unacceptable. Without the protections provided by critical habitat and a valid recovery plan, ‘i‘iwi will continue down a heartbreaking path towards extinction.” The ‘i‘iwi was once one of the most abundant native forest birds across Hawai‘i. Unfortunately, it now persists on only three islands, with the population on Kaua‘i likely to go extinct within 30 years. Like many native Hawaiian forest birds, ‘i‘iwi have an extremely low resistance to avian malaria, with an average 95% mortality rate. The combination of low resistance and high mortality means that nearly every ‘i‘iwi that comes into contact with avian malaria dies from the disease. Since mosquitoes can’t live at higher elevations because of cooler temperatures, ‘i‘iwi have survived in higher-elevation forests. But as the impacts of global climate change continue to accelerate, temperatures at higher elevations in Hawai‘i are increasing at an unforeseen rate. This warming allows mosquitoes to expand their range into higher elevations, bringing with them avian malaria and avian pox. Additionally, the virus that causes avian malaria survives better in warmer temperatures, meaning warmer high elevation habitats will no longer be safe refuges from the disease. “The future looks grim for ‘i‘iwi if we don’t act now,” Phillips said. “These rare birds deserve protected habitat and a valid plan to guide their recovery and prevent them from vanishing forever. In particular, we have to restore forests at higher elevations on the Big Island to give ‘i‘iwi space to move uphill and do whatever we can to control mosquitoes on all the islands.” Today’s lawsuit was filed in U.S. District Court for the District of Hawaii. Background Listing the ‘i‘iwi as threatened in 2017 was just the first step in ensuring its survival and recovery. Species without designated critical habitat are half as likely to move toward recovery as species with critical habitat. Without protections for its critical habitat, the ‘i‘iwi will continue to lose what little disease-free forest habitat remains. Additionally, species with timely recovery plans for two or more years are far more likely to improve than those without. Alongside the devastating impacts of mosquitoes and climate change, rapid ‘ōhi‘a death is further threatening the ‘i‘iwi’s survival. ‘I‘iwi depend on the ‘ōhi‘a for nesting and foraging, surviving primarily on the nectar from lehua blossoms. Though originally limited to the island of Hawai‘i, as of June 2020, rapid ‘ōhi‘a death has spread to Kaua‘i, Maui and O‘ahu. Since there is no effective means of containing the disease, ‘ōhi‘a forest death poses a significant risk to the continued survival of the ‘i‘iwi. Hawaiian forest birds, one of the most imperiled groups of birds in the world, are in crisis. Some 68% of Hawai‘i’s known endemic bird species have already gone extinct because of habitat loss, disease and invasive predators. Of the remaining 37 surviving endemic species, 33 are currently listed under the Endangered Species Act, although nine of these have not been observed recently and are thought by scientists to be extinct. Introduced mosquitoes and the diseases they carry are primary causes of the loss of all these birds.

Gov. David Ige signed HB 1278 HD1 Relating to Employment Security into law as Act 1 today, setting the employer contribution tax rate at a lower level with Schedule D for 2021 and 2022. The governor signed the measure in response to the unprecedented increase in Hawaii’s unemployment rate due to the COVID-19 Pandemic. Without intervention, Schedule H (the highest tax rate) would have been in effect for 2021. “Temporarily reducing unemployment insurance tax rates will help to contain the economic fallout from COVID-19 and expedite the state’s economic recovery. I signed HB 1278 to protect employers from higher tax rates at a time when they can least afford it.” said Gov. Ige. The measure allows employers to pay, on average, less than half of what they would otherwise pay into the system: • In 2021, the average Schedule H tax on employers would have been $1,800 per employee, per year. Act 1 reduces the average tax to $850– for a savings of $950 per employee per year. • In 2022, the average tax would have been $1,670 per employee, per year. Act 1 reduces the average tax to $790 – for a savings of $880 per employee, per year. “I’d like to thank the Legislature for fast-tracking this measure, so the DLIR can implement the changes swiftly. This is another example of how the legislative and executive branches can work together to boost the state’s economic recovery.” The Unemployment Compensation Trust Fund (UCTF) had a reserve of $607.5 million as of November 2019. The UCTF balance was depleted in June 2020 due to the extraordinary unemployment rate caused by the disruptions of the COVID-19 pandemic. The unemployment rate skyrocketed from 2.3% in March to 23.6% in April, because of measures taken to contain the state’s initial COVID-19 outbreak. “The law allows the department to omit benefit charges for employers in their annual rate calculation due to the event of COVID-19 in calendar years 2021 and 2022 and authorizes the DLIR to provide relief for certain non-profit employers,” said DLIR Director Anne Perreira-Eustaquio. “Omitting the benefits charged to all contributory employers in 2021 and 2022 will result in a significant decrease in employer contributions.” Setting the tax rate schedule at D will mean that all contributory employers will share in the replenishment of the UCTF and help re-establish the fund's integrity. Schedule D’s tax rates are .2% to 5.8% while Schedule H’s rates begin at 2.4% to 6.6%.

Kaua‘i submits proposed Rule 25 to Gov. Ige, requesting to rejoin state’s Safe Travels program for Trans-Pacific travelers starting April 5 Mayor Derek S. K. Kawakami has submitted proposed Emergency Rule 25 to Governor David Ige for approval. This proposal re-establishes the state’s Safe Travels program for incoming Kaua‘i travelers, effective April 5, 2021. “Kaua‘i remains one of the safest places in the United States throughout the pandemic, thanks to the efforts of our community-minded residents and health-focused travel restrictions,” said Mayor Kawakami. “Over the past few months our community’s efforts have allowed us this opportunity to safely rejoin the state’s Safe Travels program. At this time, more than 24,000 doses of vaccine have been administered on Kaua‘i, and by April we are confident that employees in the hospitality and food service industries will be offered vaccines. Case counts across the state and on the mainland are stabilizing. Our local hospitals are working closely together and have surge plans in place for additional ICU capacity, if needed. They have also obtained more equipment and have COVID testing and treatment options available to respond to any increase in COVID-19 cases.” Since May of 2020, Kaua‘i businesses of many types, as well as many sports and social activities, have been allowed to operate and remain open with crowd size limitations, physical distance, and masking requirements, while other areas have experienced surges and increased restrictions. “It has been one year since the pandemic reached Hawai‘i and we thank the people of Kaua‘i for their sacrifices which have allowed us to remain safe, healthy, and open,” said Dr. Janet Berreman, Kaua‘i District Health Officer. “With the distribution of vaccine to high-risk groups and the improving situation on the mainland, the Kaua‘i District Health Office supports opening Trans-Pacific travel with a single pre-travel test at this time. We continue to monitor new developments, particularly the transmission of new variants, and we emphasize the need for everyone to continue to practice mask wearing, physical distancing and other safety precautions.” The U.S. Centers for Disease Control and Prevention (CDC) continues to advise travelers to take a pre- and post-travel test. As an added safety measure, the County of Kaua‘i and Kaua‘i District Health Office have partnered to offer free COVID-19 testing at the Kaua‘i War Memorial Convention Hall weekdays from 8 a.m. to 3 p.m. Those who recently traveled and employees in high-risk industries are encouraged to utilize this free testing program. Additionally, the following Kaua‘i hotels have committed to supporting post-travel testing to their guests: • Kaua‘i Marriott Resort & Beach Club • Grand Hyatt Kaua‘i Resort & Spa • The Cliffs at Princeville • The Club at Kukui‘ula • Timbers Kaua‘i at Hoku‘ala • Sheraton Kaua‘i at Coconut Beach • The Point at Po‘ipū • Hanalei Colony Resort • Kōloa Landing Resort • Suite Paradise “While post-travel tests will not be mandatory, we are grateful to our visitor industry partners for going above and beyond to keep our community safe by encouraging their guests to take a test after arrival,” added Mayor Kawakami. “We have a number of Kaua‘i properties already committed and we expect more to come online in the coming weeks.” If Rule 25 is approved, Trans-Pacific travelers would be exempt from Hawai‘i’s 10-day travel quarantine starting April 5, 2021 by participating in the state’s Safe Travels pre-travel testing program. If approved, it would no longer be necessary for out-of-state visitors to stay in a Resort Bubble or spend time on another Hawaiian island before traveling to Kaua‘i in order to receive a quarantine exemption. If approved, beginning April 5 travelers could avoid quarantine by taking the following steps: • Take a pre-travel test from one of the State of Hawai‘i’s Trusted Testing and Travel Partners within 72 hours of departing to Kaua‘i: https://hawaiicovid19.com/travel-partners/ (NOTE: Tests taken from any other lab will not be accepted) • Create a Safe Travels account and complete the mandatory State of Hawai‘i Travel and Health Form: https://travel.hawaii.gov/ • Upload negative test results to your Safe Travels account before traveling to Hawai‘i (NOTE: Travelers who arrive without uploading the negative test result will not be accepted). For more information about the State of Hawai‘i Safe Travels program requirements, please visit: https://hawaiicovid19.com/travel/getting-to-hawaii/ Presently, proof of vaccination is NOT a recognized exemption to the State of Hawaiʻi travel quarantine. The state continues to evaluate this policy and will inform travelers of any new exemptions as those decisions are made. Visitors to Kaua‘i are NOT eligible to receive COVID-19 vaccine, even if they received their first dose prior to their trip. Vaccine supply is for residents only. Please keep this in mind while planning travel. For more information on COVID-19 on Kaua‘i and the travel rules, please visit www.kauai.gov/COVID-19.

Exactly two months after taking office, Mayor Rick Blangiardi has submitted the Fiscal Year 2022 operating budget and capital improvements program (CIP) budget to the Honolulu City Council today. The key priorities in the budget include funding core City and County of Honolulu services, without employee furloughs, and focuses on affordable housing and homelessness, rail, infrastructure and the distribution of funds. “We are entrusted with an incredible responsibility and the community should feel confident that we are committed to doing the right thing at the right time,” said Mayor Rick Blangiardi. “We will continue to adapt and adjust to improve government efficiency as we navigate through the pandemic and face the challenges and sacrifices ahead.” The FY22 proposed operating budget of $2.9 billion is approximately $73 million less than the proposed operating budget in FY21. The FY22 proposed CIP budget is approximately $1 billion, which is lower than last year’s submitted budget of $1.27 billion. Some of the highlights include: • No employee furloughs • Commitment to work closely and strategically with HART • $37.5m for renovation and/or development of low income affordable housing • $10.7m for homeless programs including the Housing First initiative, Hale Mauliola Housing Navigation Center, and services at the Pūnāwai Rest Stop in Iwilei • $10.4m for Intelligent Transportation Systems (ITS) improvements targeting underserved communities like Wai‘anae, Nānākuli and Mā‘ili • $9.7m for electrification of transportation infrastructure • $35m on rehabilitation roadways • $6.9m to upgrade traffic controls and signals • $36m for various park improvements across the island • $485.7m for solid waste, sewer and wastewater facility improvements • $3.4m for flood control improvements • $4.5m for HPD station improvements • $3.8m for HFD station improvements • $1m for EMS Ocean Safety station improvements • $2.1m for telecommunications facilities upgrades • $6.5m for park improvements in areas where there is 51% low and moderate income households “We are incorporating zero based budgeting where every dollar spent must be justified,” said Mayor Blangiardi. “Our guiding principle is that every community deserves equity and fairness as we invest the funds to make the City better for all.” The City has made the difficult decision to defer payment of the pre-payment portion of the cost of future health benefits for retirees for FY21 and defer a portion of the payment in FY22. The retirees and their benefits will not be impacted. The move will free up nearly $140 million to be used for current operational needs. The City has implemented a hiring freeze, with the exception of health and safety positions and those necessary to complete key priorities. The hiring freeze translates into nearly 2,000 positions that will remain vacant which will create approximately $42 million to be invested in city operations. The executive summary with additional information is attached for reference. To view the operating budget (more than 400 pages) please click here. To view the CIP budget (more than 560 pages) please click here.

Senator Joy San Buenaventura (District 2 – Puna- Kaʻū) recently announced that she will be hosting a virtual town hall on Tuesday, March 2, 2021. The purpose of the event is to provide the community with the legislative process during a pandemic and updates on bills that are moving through the legislative session. WHAT: Senate District 2 Virtual Town Hall WHO: Senator Joy San Buenaventura WHEN: Tuesday, March 2, 2021 at 5:00pm WHERE: via Zoom (and streamed live on Facebook) To register for the town hall event,click here Please note that there is a meeting capacity of 300 participants and registration is on a first come - first serve basis. To ensure that the townhall is time-efficient, participants will be asked to pose questions using the chat function and constituents are asked to submit questions prior to the town hall to: sensanbuenaventura@capitol.hawaii.gov For more information, please contact the Office of Senator Joy San Buenaventura at 808-586-6890.

The Hawaiʻi State Senate today confirmed the appointment of Max Otani as Director of the Department of Public Safety (PSD) through December 5, 2022. Otani has more than three decades of experience working in the state’s corrections and judicial system; having served as a First Circuit Court probation officer from 1985 – 1987, manager of the Oʻahu Intake Services Center from 2003-2005, administrator for the Intake Service Center Division from 2011-2013 and as PSD’s Deputy Director for Corrections from 2013-14. Following his stint as Deputy Director of Corrections, he returned to his previous position as administrator of the Intake Service Center Division and remained there until his retirement from PSD in 2016. “Director Otani’s three decades of experience and deep knowledge of the state’s judicial and corrections systems will serve him well as PSD’s new director,” said Senator Clarence Nishihara (District 17 - Waipahu, Crestview, Mānana, Pearl City and Pacific Palisades), chair of the Senate Committee on Public Safety, Intergovernmental and Military Affairs. “Under his leadership, I believe the department will overcome many of the current challenges that have arisen during this pandemic.” Director Otani is a graduate of Hilo High School. He received his B.A. from the University of Hawaiʻi at Hilo and an M.A. in Social Work from the University of Hawaiʻi at Mānoa.

The Hawai‘i Department of Health’s State Laboratories Division (SLD) confirms the presence of a new COVID variant in Hawai‘i. The P.2 variant, which contains the E484K mutation, was identified through surveillance testing conducted on O‘ahu. While the implications of this additional strain are unknown at this time, the P.2 variant is closely watched because two individuals in Brazil who were previously infected with COVID were reinfected with the P.2 variant. It is unclear whether this variant is more resistant to vaccines and antibodies gained through previous COVID infection. “New case counts are down from a month ago, but these variants remind us to remain vigilant,” said State Health Director Dr. Elizabeth Char. “The more the virus is able to infect people, the more opportunity it has to mutate, so it behooves us to prevent infections. We all know that is done by wearing masks, maintaining physical distance, avoiding large gatherings, and getting vaccinated when it is our turn.” While the P.2 variant is still being studied, people previously vaccinated or previously infected are not expected to become seriously ill if infected with the P.2 variant. The P.2 variant is thought to have originated in Brazil. It has been found in several mainland states and Europe. The P.2 variant has thus far been detected in one individual who lives on O‘ahu. “That individual recently traveled to the U.S. mainland,” said Acting State Epidemiologist Dr. Sarah Kemble. “That person is in isolation and known close contacts are in quarantine.” Another variant of concern is associated with an increase of COVID cases on Maui. The B.1.429 variant, previously called L452R, was first detected in Hawai‘i almost four weeks ago. On February 2, 2021, the Department of Health (DOH) announced seven known cases on O‘ahu, one case on Kaua‘i, and one case on Maui. The B.1.429 variant was first detected in California in December. It has become the dominant strain in California and is found in more than 40 other states. The B.1.429 variant may be more transmissible than other COVID strains but there is still much to learn about this variant, and it is still considered “under investigation” by the U.S. Centers for Disease Control and Prevention (CDC). It is not clear how effective current vaccines are against B.1.429. Also, three additional cases of the B.1.1.7 variant are confirmed on O‘ahu. This brings the total number of B.1.1.7 cases in Hawai‘i to six. All six are on O‘ahu and are household contacts. “The P.2, B.1.429, and B.1.1.7 variants were discovered as part of proactive statewide surveillance conducted by the DOH in collaboration with private hospitals and independent clinical laboratories,” said State Laboratories Division Director Dr. Edward Desmond. Hawaii currently leads the nation in the percentage of specimens which are sequenced and sent to the international GISAID (global initiative on sharing all influenza data) database. Discovery of variants by DOH helps in that patients identified with variant strains can be the focus of the most rigorous contact tracing efforts

The Senate Committee on Health and the House Committee on Pandemic & Disaster Preparedness will be convening a joint committee meeting to receive a briefing from the Department of Health on the State’s COVID-19 vaccination distribution plan. WHO: Senate Committee on Health House Committee on Pandemic & Disaster Preparedness Dr. Libby Chair, Department of Health WHAT: Informational Briefing with the Department of Health WHEN: Friday, February 26, 2021 at 1:00pm WHERE: via Video Conference A livestream will be available online on the Senate YouTube Channel. To view the informational briefing notice: https://www.capitol.hawaii.gov/session2021/hearingnotices/HEARING_HTH-PDP_02-26-21_INFO_.HTM No public testimony will be accepted. For further information, please contact the committee clerk at 808-587-7215.

The Hawaiʻi State Senate announced the launch of a new television program, “Inside The Senate.” This program will feature live, moderated discussions with members of the Senate on the issues, legislation, and topics of importance to the State. “Inside The Senate” is being produced by ʻŌlelo Community Media and will stream live every other Wednesday (beginning on February 24, 2021) at 6:30pm on channel 49 as well as on the ‘Ōlelo Facebook page and ‘Ōlelo App. Viewers can participate by: Emailing questions/comments to scomm@capitol.hawaii.gov. Engaging with the Senate on social media by tagging @HawaiiSenate on Facebook, Instagram and Twitter. Using the hashtag #InsideTheSenate. Senate President Ronald D. Kouchi (District 8 – Kauaʻi and Niʻihau) said, “This new public forum will give Senate members a new opportunity to connect with their communities, address their concerns, and provide the people of Hawai‘i answers and information most important to them.” The first show will air live on Wednesday, February 24 at 6:30pm and feature Senate President Ronald D. Kouchi.

The rich, diverse history of Mōʻiliʻili and Old Stadium Park will come to life in a community-inspired mural being painted at the urban park beginning this week. The mural will adorn a once graffiti-ridden wall at the ‘Ewa, mauka-end of the park shared between the City and the nearby building owner. The over 9-acre public space sits above underground caves and was home to Honolulu Stadium from 1926 to 1976 before it was designated as an urban park approximately two years later. When the stadium stood, it hosted football, baseball, and other sports exhibitions. The park has since become a multi-use common area that welcomes a variety of activities. “I have so many fond memories of Mōʻiliʻili, especially during my playing days for the University of Hawai‘i in the 1960’s and later as an Assistant Coach for the Rainbow Warriors in the 1970’s,” said Mayor Rick Blangiardi. “I am encouraged to see such a vibrant piece of public art paying homage to that era, the natural history, and various uses of the park, while also looking ahead to the future generations who can enjoy this revitalized public space. Mahalo to the many groups who assisted with this piece, and those who continue to improve and reactivate Old Stadium Park.” The mural is the result of a collaborative effort between the City, AARP Hawai‘i, Blue Zones Project Hawai‘i, Voyager Public Charter School, Age-Friendly Honolulu, and the community at-large. Inspiration for the various elements of the mural were derived from the input of more than 600 area residents and other park stakeholders. The design was finalized by local muralist Luke DeKneef, whose team will install the mural, following a multi-generational design workshop with community members and keiki from Voyager School. “There has been a tremendous outpouring of support for this mural project from nearby residents, community groups, schools, and businesses,” said Colby Takeda, Senior Manager of Blue Zones Project. “We hope this art piece can help to share the vibrant history of Honolulu Stadium, bring pride to the Mōʻiliʻili community, and envision a thriving public space for all community members—keiki to kūpuna—to enjoy for generations to come.” Other recent improvements to the park and the surrounding area include street painting & bulb-outs at the intersection of King and Isenberg streets, a renovated comfort station in November 2018, and a refurbished play apparatus in December 2016. “Projects like this help make Honolulu a more livable city,” said Keali‘i Lopez, the AARP Hawai‘i State Director. “The mural honors the rich past of the surrounding area and the former site of Honolulu Stadium. We support the mural and attempts to improve Old Stadium Park, including recent traffic improvements at the intersection of Isenberg and King streets, because having a more livable city also means having a more Age-Friendly City that people of all generations can enjoy.” AARP Hawai‘i is currently soliciting grant applications from non-profit groups to fund projects like the Old Stadium Park mural, which bring people of all ages together and make neighborhoods better places to live. To find out more about the AARP Livable Communities Initiative 2021 Community Challenge Grants go to www.AARP.org/CommunityChallenge. Blue Zones Project is a community-led, well-being, and improvement initiative designed to make the healthy choice the easy choice through permanent changes to lifestyle, environment, policy, and community partnerships. It was brought to Hawai‘i through an innovative sponsorship by the Hawai‘i Medical Service Association (HMSA) in collaboration with Sharecare and Blue Zones, LLC. If you need an auxiliary aid/service, other accommodations due to a disability, or an interpreter for a language other than English in reference to this announcement, please call DPR at (808) 768-3003 on weekdays from 7:45 a.m. until 4:30 p.m. or email parks@honolulu.gov Source: https://www.honolulu.gov/cms-csd-menu/site-csd-sitearticles/1454-site-csd-news-2021-cat/41361-02-23-21-mural-at-old-stadium-park-to-showcase-park’s-past,-present,-and-future.html

Hirono Highlights Hawaii Priorities and Historic Nomination of Rep. Haaland for DOI Secretary in ENR Confirmation Hearing Senator Mazie K. Hirono (D-Hawaii) highlighted issues she hopes to focus on with the Department of the Interior (DOI) during the first day of the Senate Energy and Natural Resources Committee’s hearing on the nomination of Representative Deb Haaland (D-N.M), President Biden’s nominee for Secretary of the Interior. “I thank you for meeting with me a little while ago to discuss policy matters that are very important to me—and of course, the issues that relate to Hawaii’s indigenous, Native Hawaiian community are very important to me. I note, as several have already have noted, how historic and important it is that you will be the first Native American woman…poised to serve as Secretary of the Interior,” Senator Hirono said. As an enrolled member of the Laguna Pueblo, Rep. Haaland’s “people were in our country long before the rest of us ever came here. So I think the significance of your background is not lost on any of us,” Senator Hirono continued. “Based on my conversation with you, I would expect that you will be very committed to working with us on Native Hawaiian issues, as well as issues relating to other indigenous peoples—of course the Alaska Natives and American Indians.” Click here to download broadcast quality b-roll of Senator Hirono’s exchange with Rep. Haaland during the hearing. Senator Hirono also noted that if Rep. Haaland is confirmed as Secretary, she wants to work with her to protect native and endangered species and mitigate invasive species in Hawaii. The Senator encouraged Rep. Haaland, if confirmed, to work collaboratively with the Department of Defense, the Department of State, and members of Congress to fairly and collaboratively renegotiate the Compacts of Free Association with the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, as they are set to expire in 2023 and 2024. Senator Hirono also noted that she hopes to work with Rep. Haaland to address the crisis of missing and murdered indigenous women and children. The Senator asked about how a transition to clean energy could create jobs—even for families that have worked in the fossil fuel industry. Rep. Haaland responded that there is the potential for millions of clean energy jobs, and that renewable energy technology and innovation will help to create those jobs. Finally, the Senator emphasized the importance of Rep. Haaland’s track record of bipartisanship during her time in the House of Representatives in accomplishing policy goals. Senator Hirono and Rep. Haaland met last month to discuss shared priorities for Hawaii and the United States. Source: https://www.hirono.senate.gov/news/press-releases/hirono-highlights-hawaii-priorities-and-historic-nomination-of-rep-haaland-for-doi-secretary-in-enr-confirmation-hearing