Unknown. Final rule

3,434 words·~16 min read·/register/2013/05/29/2013-12651

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-05-29.xml --- 78 103 Wednesday, May 29, 2013 Contents Agricultural Marketing Agricultural Marketing Service RULES Marketing Orders: Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages, 32070-32077 2013-12657 Reporting Requirements and New Information Collection: Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida, 32068-32070 2013-12654 User Fees for 2013 Crop Cotton Classification Services to Growers, 32067-32068 2013-12651 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Perishable Agricultural Commodities Act, 32227-32228 2013-12653 Poultry Market News Reports, 32226-32227 2013-12656 Cotton Research and Promotion Program: Referendum Regarding 1990 Amendments to the Cotton Research and Promotion Act; Determination, 32228-32229 2013-12655 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Food Safety and Inspection Service Air Force Air Force Department NOTICES Industry Input for National Security Space Launch Assessment, 32241 2013-12771 Animal Animal and Plant Health Inspection Service PROPOSED RULES Importation of Avocados from Continental Spain, 32183-32184 2013-12679 Importation of Fresh Apricots from Continental Spain, 32184 2013-12685 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federally Recognized State Managed Phytosanitary Program, 32230-32231 2013-12697 Virus-Serum-Toxin Act and Regulations, 32229-32230 2013-12692 Determination of Nonregulated Status, etc.: Pioneer Hi-Bred International, Inc.; Canola Genetically Engineered for Herbicide Resistance, 32231-32233 2013-12687 Importation of Artificially Dwarfed Plants, 32233-32234 2013-12681 Army Army Department NOTICES Meetings: Board of Visitors, United States Military Academy, 32241-32242 2013-12632 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 32252-32253 2013-12612 Requirements and Registration for Be Heads Up About Concussion Safety Poster Design Contest, 32253-32255 2013-12682 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Meetings: Health and Human Services-Operated Risk Adjustment Data Validation, 32255-32256 2013-12856 Privacy Act; Systems of Records, 32256-32258 2013-12690 2013-12691 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federally Assisted State Transmitted Levy, 32258-32259 2013-12664 Coast Guard Coast Guard RULES Safety Zones: When Pigs Fly Fireworks Display, San Diego, CA, 32121-32124 2013-12652 PROPOSED RULES Safety Zones: Temporary Change for Recurring Fifth Coast Guard District Fireworks Displays, Middle River; Baltimore County, MD, 32219-32222 2013-12660 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Draft Initial Comprehensive Plan and Draft Programmatic Environmental Assessment, 32237-32238 2013-12608 Defense Department Defense Department See Air Force Department See Army Department RULES TRICARE Young Adult, 32116-32121 2013-12412 NOTICES Environmental Impact Statements;

Availability, etc.: Oro Verde Solar Project, Edwards Air Force Base and County of Kern, CA, 32240-32241 2013-12751 Meetings: Defense Intelligence Agency National Intelligence University Board of Visitors, 32241 2013-12689 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fiscal Operations Report for 2012-2013 and Application to Participate for 2014-2015 and Reallocation Form, 32242-32243 2013-12643 Native American Career and Technical Education Program Performance Reports, 32243-32244 2013-12645 Program for International Student Assessment Recruitment and Field Test;

Correction, 32242 2013-12644 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32277-32278 2013-12700 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Triforine, 32146-32152 2013-12461 Pesticide Tolerances; Exemptions from Requirements: Guar hydroxypropyltrimethylammonium chloride, 32152-32155 2013-12782 Pesticide Tolerances;

Revocation: Difenzoquat, 32155-32157 2013-12595 State Air Quality Implementation Plans; Approvals and Promulgations: Atlanta, Georgia 1997 8-Hour Ozone Nonattainment Area; Reasonable Further Progress Plan, 32135-32146 2013-12467 State Air Quality Implementation Plans; Revisions: Washington Tacoma-Pierce County Nonattainment Area, 32131-32135 2013-12514 State Hazardous Waste Management Program Revision; Authorizations: Oklahoma, 32161-32165 2013-12712 Tolerance Requirements; Exemptions:

Methyl 5-(dimethylamino)-2-methyl-5-oxopentanoate, 32157-32161 2013-12457 PROPOSED RULES Control of Air Pollution from Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards, 32223 2013-12749 State Air Quality Implementation Plans; Approvals and Promulgations: Atlanta, Georgia 1997 8-Hour Ozone Nonattainment Area; Reasonable Further Progress Plan, 32222-32223 2013-12463 State Hazardous Waste Management Program Revision; Authorizations: Oklahoma, 32223-32224 2013-12711 NOTICES Meetings:

SFIREG Full Committee, 32244-32245 2013-12647 Pesticide Products; Applications to Register New Uses, 32245-32246 2013-12754 Pesticide Products; Registration Applications for New Active Ingredients, 32246-32248 2013-12703 Requests to Voluntarily Cancel Certain Pesticide Registrations, 32248-32250 2013-12706 Transfer of Data: CDM Smith and Dynamac Corp., 32250-32251 2013-12780 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Aircraft Industries a.s.

Airplanes, 32081-32084 2013-12517 Class D and Class E Airspace; Modification: Pueblo, CO, 32084-32085 2013-12621 Class E Airspace; Amendment: Eureka, NV, 32085-32086 2013-12624 Class E Airspace; Establishment: Tuba City, AZ, 32086-32087 2013-12623 Special Conditions: Gulfstream Model G280 Airplane, Enhanced Flight Vision System with Head-Up Display, 32078-32081 2013-12605 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 32087-32090 2013-12315 2013-12318 PROPOSED RULES Class E Airspace;

Amendments: Bedford, PA, 32213-32214 2013-12707 Factoryville, PA, 32212-32213 2013-12709 Federal Communications Federal Communications Commission RULES Broadband Over Power Lines, 32165-32169 2013-12746 Commercial Radio Operators; Correction, 32165 2013-12723 Facilitating the Deployment of Text-to-911 and Other Next Generation 911 Applications, 32169-32179 2013-12748 PROPOSED RULES Connect America Fund Phase II Cost Model, Version 3.1.2, 32224-32225 2013-12757 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 32251-32252 2013-12695 Federal Energy Federal Energy Regulatory Commission RULES Filing, Indexing, and Service Requirements for Oil Pipelines, 32090-32099 2013-12140 NOTICES Combined Filings, 32244 2013-12648 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings: Motor Carrier Safety Advisory Committee and Motorcoach Subcommittees, 32295-32296 2013-12693 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 32252 2013-12663 Federal Transit Federal Transit Administration NOTICES Allocation of Public Transportation Emergency Relief Funds in Response to Hurricane Sandy, 32296-32302 2013-12766 Fiscal Fiscal Service RULES Garnishment of Accounts Containing Federal Benefit Payments, 32099-32110 2013-12567 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Shadura Natural Gas Development Project, Kenai National Wildlife Refuge, Soldotna, AK, 32270-32272 2013-12680 Food and Nutrition Food and Nutrition Service PROPOSED RULES Special Supplemental Nutrition Program for Women, Infants and Children:

Electronic Benefit Transfer-Related Provisions of the Healthy, Hunger-Free Kids Act, 32183 2013-12688 Food Safety Food Safety and Inspection Service PROPOSED RULES HACCP Systems Validation, 32184-32191 2013-12763 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Health Information System; Animal Disposition Reporting, 32234-32235 2013-12661 Compliance Guides; Availability: Residue Prevention, 32235-32237 2013-12666 Foreign Assets Foreign Assets Control Office NOTICES Blocking and Unblocking of Persons and Property:

Designation of 1 Entity Contributing to the Conflict in Syria, 32304-32306 2013-12450 Designations Pursuant to Executive Order 13382, 32303-32304 2013-12684 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization and Expansion: Foreign-Trade Zone 168, Dallas, Fort Worth, TX, 32238-32239 2013-12781 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Allocations, Waivers, and Alternative Requirements for Grantees: Community Development Block Grant Disaster Recovery Funds in Response to Disasters Occurring in 2011 or 2012, 32262-32269 2013-12683 Indian Affairs Indian Affairs Bureau PROPOSED RULES Land Acquisitions: Appeals of Land Acquisition Decisions, 32214-32219 2013-12708 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Indian Self-Determination and Education Assistance Contracts, 32272-32273 2013-12730 Navajo Partitioned Lands Grazing Permits, 32273-32274 2013-12710 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Klamath Facilities Removal, 32269-32270 2013-12675 Meetings: U.S. Extractive Industries Transparency Initiative Multi-Stakeholder Group Advisory Committee, 32270 2013-12698 Internal Revenue Internal Revenue Service NOTICES Charter Renewals:

Advisory Group to the Commissioner of Internal Revenue, 32306 2013-12673 Meetings: Art Advisory Panel, 32307 2013-12676 Electronic Tax Administration Advisory Committee, 32306-32307 2013-12668 International Trade Adm International Trade Administration NOTICES Requests for Nominations: Appointment to the United States-Brazil CEO Forum, 32239 2013-12646 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Public Safety Officers' Educational Assistance, 32275-32276 2013-12631 Proposed Consent Decrees under the Clean Air Act, 32276 2013-12639 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Issuance of Insurance Policy, 32276-32277 2013-12667 National Credit National Credit Union Administration PROPOSED RULES Derivatives, 32191-32212 2013-12638 National Institute National Institute of Standards and Technology NOTICES Meetings:

Manufacturing Extension Partnership Advisory Board, 32240 2013-12701 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 32260-32261 2013-12633 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 32261 2013-12634 National Institute of Environmental Health, 32259-32260 2013-12635 National Institute of Mental Health, 32259 2013-12636 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries in the Western Pacific: 5-Year Extension of Moratorium on Harvest of Gold Corals, 32181-32182 2013-12743 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures, 32179-32181 2013-12702 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Scorpion Pier Replacement Project, Channel Islands National Park, Santa Barbara, CA, 32274-32275 2013-12745 Nuclear Regulatory Nuclear Regulatory Commission RULES Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions, 32310-32343 2013-12570 List of Approved Spent Fuel Storage Casks:

MAGNASTOR System; Withdrawal, 32077-32078 2013-12742 NOTICES Combined Licenses; Amendments: Vogtle Electric Generating Station, Units 3 and 4; Southern Nuclear Operating Co., 32278-32279 2013-12699 Meetings: Advisory Committee on Reactor Safeguards, 32279-32280 2013-12744 Meetings; Sunshine Act, 32280-32281 2013-12836 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Cranes and Derricks in Construction: Revising the Exemption for Digger Derricks, 32110-32116 2013-12665 Personnel Personnel Management Office RULES Garnishment of Accounts Containing Federal Benefit Payments, 32099-32110 2013-12567 Public Debt Public Debt Bureau See Fiscal Service Railroad Retirement Railroad Retirement Board RULES Garnishment of Accounts Containing Federal Benefit Payments, 32099-32110 2013-12567 Securities Securities and Exchange Commission NOTICES Applications:

ProShares Advisors LLC, et al., 32281-32287 2013-12637 Self-Regulatory Organizations; Proposed Rule Changes: ICE Clear Europe Ltd., 32287-32292 2013-12704 National Securities Clearing Corp., 32292-32293 2013-12659 Small Business Small Business Administration NOTICES Conflicts of Interest Exemptions; Requests: DeltaPoint Capital IV, LP and DeltaPoint Capital IV (New York), LP, 32294 2013-12497 Escalate Capital Partners SBIC I, LP, 32294 2013-12499 2013-12500 Main Street Capital ll, LP, 32294-32295 2013-12496 VPC SBIC I, LP, 32293-32294 2013-12501 Social Social Security Administration RULES Garnishment of Accounts Containing Federal Benefit Payments, 32099-32110 2013-12567 Susquehanna Susquehanna River Basin Commission NOTICES Meetings, 32295 2013-12724 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 32302-32303 2013-12658 Charter Renewals: Treasury Borrowing Advisory Committee of the Securities Industry and Financial Markets Association, 32303 2013-12686 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Immigrant Petition by Alien Entrepreneur, 32261-32262 2013-12678 Veteran Affairs Veterans Affairs Department RULES Community Residential Care, 32124-32126 2013-12641 Garnishment of Accounts Containing Federal Benefit Payments, 32099-32110 2013-12567 VA Dental Insurance Program, 32126-32131 2013-12642 Separate Parts In This Issue Part II Nuclear Regulatory Commission, 32310-32343 2013-12570 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 103 Wednesday, May 29, 2013 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 28 [AMS-CN-12-0074] RIN 0581-AD30 User Fees for 2013 Crop Cotton Classification Services to Growers AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)will maintain user fees for cotton producers for 2013 crop cotton classification services at $2.20 per bale—the same level as in 2012. Revenues resulting from this cotton classing fee and existing reserves are sufficient to cover the costs of providing classification services for the 2013 crop, including costs for administration and supervision. DATES: *Effective Date:* July 1, 2013. FOR FURTHER INFORMATION CONTACT: Darryl Earnest, Deputy Administrator, Cotton & Tobacco Programs, AMS, USDA, 3275 Appling Road, Room 11, Memphis, TN 38133. Telephone

(901)384-3060, facsimile

(901)384-3021, or email *darryl.earnest@ams.usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866; and, therefore has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act and Paperwork Reduction Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), AMS has considered the economic impact of this action on small entities and has determined that its implementation will not have a significant economic impact on a substantial number of small businesses. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. There are an estimated 25,000 cotton growers in the U.S. who voluntarily use the AMS cotton classing services annually, and the majority of these cotton growers are small businesses under the criteria established by the Small Business Administration (13 CFR 121.201). Maintaining the user fee at the 2012 crop level as stated will not significantly affect small businesses as defined in the RFA because:

(1)The fee represents a very small portion of the cost per-unit currently borne by those entities utilizing the services. (According to USDA's Economic Research Service, the U.S. average total cost of production in 2011 was $755 per bale. The user fee for classification services of $2.20 per bale represents less the one third percent of this average U.S. per-bale cost of production.);

(2)The fee for services will not affect competition in the marketplace;

(3)The use of classification services is voluntary. For the 2012 crop, 16,800,600 bales were produced; and, almost all of these bales were voluntarily submitted by growers for the classification service; and

(4)Based on the average price paid to growers for cotton from the 2012 crop of 0.7162 cents per pound, 500 pound bales of cotton are worth an average of $358.10 each. The user fee for classification services, $2.20 per bale, is less than one percent of the value of an average bale of cotton. In compliance with OMB regulations (5 CFR part 1320), which implement the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501), the information collection requirements contained in the provisions to be amended by this rule have been previously approved by OMB and were assigned OMB control number 0581-0008, Cotton Classing, Testing, and Standards. Fees for Classification Under the Cotton Statistics and Estimates Act of 1927 This final rule establishes a 2013 user fee of $2.20 per bale charged to producers for cotton classification—the same level as the 2012 user fee. The 2013 user fee was set in accordance to section 14201 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234) (2008 Farm Bill). Section 14201 of the 2008 Farm Bill provides that:

(1)the Secretary shall make available cotton classification services to producers of cotton, and provide for the collection of classification fees from participating producers or agents that voluntarily agree to collect and remit the fees on behalf of the producers;

(2)classification fees collected and the proceeds from the sales of samples submitted for classification shall, to the extent practicable, be used to pay the cost of the services provided, including administrative and supervisory costs;

(3)the Secretary shall announce a uniform classification fee and any applicable surcharge for classification services not later than June 1 of the year in which the fee applies; and

(4)in establishing the amount of fees under this section, the Secretary shall consult with representatives of the United States cotton industry. At pages 313-314, the Joint Explanatory Statement of the committee of conference for section 14201 stated the expectation that the cotton classification fee would be established in the same manner as was applied during the 1992 through 2007 fiscal years. Specifically, it states that the classification fee should continue to be a basic, uniform fee per bale fee as determined necessary to maintain cost-effective cotton classification service. Further, in consulting with the cotton industry, the Secretary should demonstrate the level of fees necessary to maintain effective cotton classification services and provide the Department of Agriculture with an adequate operating reserve, while also working to limit adjustments in the year-to-year fee. Under the provisions of section 14201, a user fee (dollar amount per bale classed) is established for the 2013 cotton crop that, when combined with other sources of revenue, will result in projected revenues sufficient to reasonably cover budgeted costs—adjusted for inflation—and allow for adequate operating reserves to be maintained. Costs considered in this method include salaries, costs of equipment and supplies, and other overhead costs, such as facility costs and costs for administration and supervision. In addition to covering expected costs, the user fee is set such that projected revenues will generate an operating reserve adequate to effectively manage uncertainties related to crop size and cash-flow timing. Furthermore, the operating reserve is expected to meet minimum reserve requirements set by the Agricultural Marketing Service, which require maintenance of a reserve fund amount equal to at least four months of projected operating costs. The user fee charged cotton producers for cotton classification in 2013 is $2.20 per bale, which is the same fee charged for the 2012 crop. This fee is based on the preseason projection that 13,250,000 bales will be classed by the United States Department of Agriculture during the 2013 crop year. Accordingly, § 28.909, paragraph

(b)reflects the continuation of the cotton classification fee at $2.20 per bale. As provided for in the 1987 Act, a 5 cent per bale discount continues to be applied to voluntary centralized billing and collecting agents as specified in § 28.909(c). Growers or their designated agents receiving classification data continue to incur no additional fees if classification data is requested only once. The fee for each additional retrieval of classification data in § 28.910 remains at 5 cents per bale. The fee in § 28.910

(b)for an owner receiving classification data from the National Database remains at 5 cents per bale, and the minimum charge of $5.00 for services provided per monthly billing period remains the same. The provisions of § 28.910

(c)concerning the fee for new classification memoranda issued from the National Database for the business convenience of an owner without reclassification of the cotton remains the same at 15 cents per bale or a minimum of $5.00 per sheet. The fee for review classification in § 28.911 is maintained at $2.20 per bale. The fee for returning samples after classification in § 28.911 remains at 50 cents per sample. Summary of Comments A proposed rule was published in the **Federal Register** on March 28, 2013, with a comment period of March 28, 2013 through April 12, 2013 (78 FR 18898). AMS received two comments: one from a national trade organization that represents approximately 80 percent of the US cotton industry, including cotton producers, ginners, warehousemen, merchants, cooperatives, cottonseed processors, and textile manufacturers from Virginia to California; and one from a national trade organization comprised of eight state and regional membership organizations that represent approximately 680 individual cotton ginning operations in 17 cotton-producing states. Comments from these national trade organizations expressed support for the decision to maintain the fee at the level established for the 2012 crop. Comments may be viewed at *www.regulations.gov.* List of Subjects in 7 CFR Part 28 Administrative practice and procedure, Cotton, Reporting and recordkeeping requirements, Warehouses. For the reasons set forth in the preamble, 7 CFR part 28 is amended to read as follows: PART 28—[Amended] 1. The authority citation for 7 CFR part 28, Subpart D, continues to read as follows: Authority: 7 U.S.C. 51-65; 471-476. 2. In § 28.909, paragraph

(b)is revised to read as follows: § 28.909 Costs.

(b)The cost of High Volume Instrument

(HVI)cotton classification service to producers is $2.20 per bale. 3. In § 28.911, the last sentence of paragraph

(a)is revised to read as follows: § 28.911 Review classification.

(a)* * * The fee for review classification is $2.20 per bale. Dated: May 21, 2013. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2013-12651 Filed 5-28-13; 8:45 am]

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