Unknown. Affirmation of interim rule as final rule

3,221 words·~15 min read·/register/2013/08/22/2013-20479·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2013-08-22.xml --- 78 163 Thursday, August 22, 2013 Contents Agricultural Marketing Agricultural Marketing Service RULES Potato Research and Promotion Plan: Amend the Administrative Committee Structure and Delete the Board's Mailing Address, 52080-52083 2013-20489 Promotion, Research, and Information Orders: Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Size and Grade Requirements, 52079-52080 2013-20479 PROPOSED RULES Grade Standards:

Onions Other Than Bermuda-Granex-Grano/Creole; Bermuda-Granex-Grano, 52099-52100 2013-20481 National Organic Program: Amendments to the National List of Allowed and Prohibited Substances (Crops and Processing), 52100-52107 2013-20476 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cotton Classification and Market News Service, 52129-52130 2013-20434 Cotton Classing, Testing and Standards, 52128-52129 2013-20436 Tobacco Inspection and Grading Services, 52127-52128 2013-20439 Tobacco Report, 52130-52131 2013-20438 Funding Availabilities:

Agricultural Management Assistance Organic Certification Cost-Share Program, 52131 2013-20484 Grade Standards: Creole Onions, 52131-52132 2013-20480 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52127 2013-20432 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement PROPOSED RULES Oil and Gas and Sulphur Operations on the Outer Continental Shelf:

Oil and Gas Production Safety Systems, 52240-52284 2013-19861 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52132-52133 2013-20464 Commodity Futures Commodity Futures Trading Commission RULES Clearing Exemption for Certain Swaps Entered into by Cooperatives, 52286-52308 2013-19945 Harmonization of Compliance Obligations for Registered Investment Companies Required to Register as Commodity Pool Operators, 52308-52335 2013-19894 NOTICES Quantitative Messaging Research, 52166-52167 2013-20419 Defense Department Defense Department PROPOSED RULES Privacy Program, 52117-52123 2013-20515 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2013-20472 52168 2013-20508 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Direct Stafford/Ford Loan and Federal Direct Subsidized/Unsubsidized Stafford/Ford Loan Master Promissory Note, 52169 2013-20474 William D. Ford Federal Direct Loan Program Federal Direct PLUS Loan Master Promissory Note and Endorser, 52169-52170 2013-20475 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Proposed Subsequent Arrangements, 2013-20490 52170 2013-20492 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings:

State Energy Advisory Board, 52171 2013-20503 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Wisconsin; Disapproval of PM2.5 Permitting Requirements; Correction, 52087 2013-20416 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Gasoline Distribution Facilities, 52190-52191 2013-20457 Reformulated Gasoline Commingling Provisions, 52191-52192 2013-20458 Aquatic Life Ambient Water Quality Criteria for Ammonia - Freshwater 2013, 52192-52194 2013-20307 Federal Aviation Federal Aviation Administration RULES Amendment of Class E Airspace:

Fort Polk, LA, 52083 2013-20379 Harlingen, TX, 52084 2013-20378 Establishment of Class E Airspace: Stockton, KS, 52085 2013-20376 PROPOSED RULES Amendment of Class D and E Airspace, and Establishment of Class E Airspace: Salisbury, MD, 52109-52111 2013-20514 Establishment of Class E Airspace: Aliceville, AL, 52111-52112 2013-20509 Proposed Amendment of Class E Airspace: Cut Bank, MT, 52112-52114 2013-20502 Macon, GA, 52114-52115 2013-20504 Olean, NY, 52115-52116 2013-20511 Special Conditions:

Boeing Model 777-200, -300, and -300ER Series Airplanes; Rechargeable Lithium Ion Batteries and Battery Systems, 52107-52109 2013-20427 NOTICES Meetings: Government/Industry Aeronautical Charting Forum, 52230-52231 2013-20450 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52194 2013-20486 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 52171-52172 2013-20467 Environmental Assessments;

Availability, etc.: Don W. Gilbert Hydro Power, LLC, Idaho, 52172-52190 2013-20460 Filings: Bonneville Power Administration, 52190 2013-20459 Federal Highway Federal Highway Administration NOTICES Baltimore Grand Prix: 2013 Temporary Closure of I-395 South of Conway Street in Baltimore, 52231-52232 2013-20496 Reconstruction of the Virginia Avenue Bridge: 2013 Temporary Closure of I-65 (I-70/I-65 South Split Interchange) in Indianapolis, 52232-52233 2013-20500 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings:

Motor Carrier Safety Advisory Committee and Medical Review Board, 52233-52234 2013-20451 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 52194-52195 2013-20487 Fish Fish and Wildlife Service RULES Commercial Filming and Similar Projects and Still Photography Activities, 52087-52097 2013-20441 Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for the Diamond Darter (Crystallaria cincotta), 52364-52387 2013-20449 PROPOSED RULES Migratory Bird Hunting:

Frameworks for Late Season Migratory Bird Hunting Regulations, 52338-52362 2013-20381 NOTICES Proposed Fee Schedule for Commercial Filming and Still Photography Permits, 52209-52211 2013-20440 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Experimental Studies on Consumer Responses to Nutrient Content Claims on Fortified Foods, 52201-52202 2013-20469 Guidance for Industry on Hypertension Indication;

Drug Labeling for Cardiovascular Outcome Claims, 52199-52200 2013-20471 Food and Drug Administration Safety and Innovation Act Section 907 Report, 52202-52203 2013-20352 Guidance for Industry; Availability: Compliance with Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents, 52203-52204 2013-20506 Forest Forest Service NOTICES Proposed Fee Schedule for Commercial Filming and Still Photography Permits, 52209-52211 2013-20440 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Healthy Young America Video Contest;

Requirements and Registration, 52195-52197 2013-20468 Statements of Organization, Functions, and Delegations of Authority, 52197-52199 2013-20525 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Section 3 Business Registry Surveys, 52208-52209 2013-20520 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Land Management Bureau See National Park Service RULES Commercial Filming and Similar Projects and Still Photography Activities, 52087-52097 2013-20441 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 52235-52237 2013-20505 2013-20510 International Trade Adm International Trade Administration NOTICES Antidumping Duty Reviews; Results, Extensions, Amendments, etc.: Brass Sheet and Strip from Italy, 52133 2013-20442 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, Rulings, etc.: Certain Certain Ink Application Devices and Components Thereof and Methods of Using the Same, 52212-52213 2013-20429 Certain Electronic Devices Having Placeshifting or Display Replication and Products Containing Same, 52211-52212 2013-20428 Certain Oil Country Tubular Goods from India, Korea, the Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine, and Vietnam, 52213-52214 2013-20456 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Derricks Standard, 52214-52215 2013-20418 Land Land Management Bureau NOTICES Proposed Fee Schedule for Commercial Filming and Still Photography Permits, 52209-52211 2013-20440 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2013-20527 52234-52235 2013-20528 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52215-52216 2013-20517 2013-20518 Meetings:

NASA Advisory Council; Science Committee; Earth Science Subcommittee, 52216 2013-20529 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52216-52218 2013-20478 2013-20482 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NIH NCI Central Institutional Review Board Initiative, 52204-52206 2013-20415 Meetings:

Center for Scientific Review, 52206 2013-20422 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Atlantic Highly Migratory Species: 2006 Consolidated Highly Migratory Species Fishery Management Plan; Amendment 7; Public Hearings, 52123-52125 2013-20513 Main Hawaiian Islands Deep 7 Bottomfish Annual Catch Limits and Accountability Measures for 2013-14, 52125-52126 2013-20407 NOTICES Environmental Impact Statements; Availability, etc.: Pacific Fishery Management Council, 52133-52135 2013-20523 Meetings:

Mid-Atlantic Fishery Management Council; Correction, 52135 2013-20448 Takes of Marine Mammals Incidental to Specified Activities: Maritime Strike Operations by Eglin Air Force Base in the Gulf of Mexico, 52135-52148 2013-20521 Wharf Recapitalization Project, 52148-52166 2013-20507 National Park National Park Service RULES Commercial Filming and Similar Projects and Still Photography Activities, 52087-52097 2013-20441 NOTICES Proposed Fee Schedule for Commercial Filming and Still Photography Permits, 52209-52211 2013-20440 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 52218-52219 2013-20473 National Telecommunications National Telecommunications and Information Administration RULES Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management, 52097-52098 2013-20413 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Sealed Source and Device Evaluation and Approval Authority:

Georgia; Relinquishment, 52219 2013-20494 Special Nuclear Materials License Applications, etc.: Tennessee Valley Authority for Watts Bar Nuclear Power Plant, Unit 2, 52219-52223 2013-20493 Occupational Safety Health Rev Occupational Safety and Health Review Commission PROPOSED RULES Alternative Dispute Resolution Program, 52116-52117 2013-20526 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52166 2013-20466 Postal Regulatory Postal Regulatory Commission NOTICES Changes in Postal Rates, 52223-52224 2013-20453 Securities Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 52224 2013-20576 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 52224-52226 2013-20462 Chicago Mercantile Exchange Inc., 52228-52230 2013-20461 Options Clearing Corp., 52227-52228 2013-20463 State Department State Department NOTICES Specially Designated Global Terrorists: Mohamed Lahbous, a.k.a. Lahbous Mohamed, et al., 52230 2013-20522 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 52206-52208 2013-20477 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Wisconsin Central Ltd. in Winnebago County, WI, 52235 2013-20501 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department RULES Veteran-Owned Small Business Verification Guidelines, 52085-52087 2013-20488 Separate Parts In This Issue Part II Interior Department, Bureau of Safety and Environmental Enforcement, 52240-52284 2013-19861 Part III Commodity Futures Trading Commission, 52286-52335 2013-19945 2013-19894 Part IV Interior Department, Fish and Wildlife Service, 52338-52362 2013-20381 Part V Interior Department, Fish and Wildlife Service, 52364-52387 2013-20449 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. 78 163 Thursday, August 22, 2013 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Doc. No. AMS-FV-13-0009; FV13-905-2 FIR] Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;

Relaxing Size and Grade Requirements on Valencia and Other Late Type Oranges AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: The Department of Agriculture

(USDA)is adopting, as a final rule, without change, an interim rule that changed the size and grade requirements prescribed under the marketing order for oranges, grapefruit, tangerines, and tangelos grown in Florida (order). The interim rule reduced the minimum size for Valencia and other late type oranges shipped to interstate markets from 2 8/16 inches to 2 4/16 inches from May 15 through August 31 each season. The interim rule also lowered the minimum grade for Valencia and other late type oranges shipped to interstate markets from a U.S. No. 1 to a U.S. No. 1 Golden from May 15, 2013, to June 14, 2013, and to a U.S. No. 2 external/U.S. No. 1 internal from June 15, 2013, to August 31, 2013. This rule provides additional Valencia and other late type oranges for late season markets, helping to maximize fresh shipments. DATES: Effective August 23, 2013. FOR FURTHER INFORMATION CONTACT: Corey E. Elliott, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone:

(863)324-3375, Fax:

(863)325-8793, or Email: *Corey.Elliott@ams.usda.gov* or *Christian.Nissen@ams.usda.gov* . Small businesses may obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: *http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide;* or by contacting Jeffrey Smutny, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or Email: *Jeffrey.Smutny@ams.usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 905, as amended (7 CFR part 905), regulating the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” USDA is issuing this rule in conformance with Executive Order 12866. The handling of oranges, grapefruit, tangerines, and tangelos grown in Florida is regulated by 7 CFR part 905. Prior to this change, the minimum size for Valencia and other late type oranges was 2 8/16 inches in diameter. Also, prior to the change, the minimum grade was a U.S. No. 1 from August 1 to June 14 and a U.S. No. 2 external/U.S. No. 1 internal from June 15 to July 31. The industry believes there may be a late season market for Florida Valencia and other late type oranges in the food service industry. However, the previous size and grade regulations were making it difficult to supply this market. Therefore, this rule continues in effect the interim rule published in the **Federal Register** on May 14, 2013, and effective on May 15, 2013, (78 FR 28115, Doc. No. AMS-FV-13-0009, FV13-905-2 IR) that reduced the minimum size for Valencia and other late type oranges shipped to interstate markets from 2 8/16 inches to 2 4/16 inches from May 15 through August 31 each season. It also lowered the minimum grade for Valencia and other late type oranges shipped to interstate markets from a U.S. No. 1 to a U.S. No. 1 Golden from May 15, 2013, to June 14, 2013, and to a U.S. No. 2 external/U.S. No. 1 internal from June 15, 2013, to August 31, 2013. These changes provide additional Valencia and other late type oranges for late season markets, helping to maximize fresh shipments. The characteristics of these grades are specified in the U.S. Standard for Grades of Florida Oranges and Tangelos (7 CFR 51.1140 through 51.1179). Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), the Agricultural Marketing Service

(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 29 Valencia and other late type orange handlers subject to regulation under the marketing order and approximately 8,000 producers of citrus in the production area. Small agricultural service firms are defined by the Small Business Administration

(SBA)as those whose annual receipts are less than $7,000,000, and small agricultural producers are defined as those having annual receipts less than $750,000 (13 CFR 121.201). Based on industry and Committee data, the average f.o.b. price for fresh Valencia and other late type oranges during the 2011-12 season was approximately $12.42 per 4/5 bushel carton, and total fresh shipments were approximately 3.2 million cartons. Using the average f.o.b. price and shipment data, the majority of Florida Valencia and other late type orange handlers could be considered small businesses under SBA's definition. In addition, the average annual grower revenue is below $750,000 based on production data, grower prices as reported by NASS, and the total number of Florida citrus growers. Thus, assuming a normal distribution, the majority of Valencia and other late type orange handlers and producers may be classified as small entities. This rule continues in effect the changes that relaxed the size and grade requirements prescribed under the order. These changes allow additional late season fruit to be shipped to the fresh market, maximizing shipments and providing additional returns to both handlers and growers. This rule revises the provisions of section 905.306 by lowering the minimum size for interstate shipments of fresh Valencia and other late type oranges from 2 8/16 inches to 2 4/16 inches from May 15 to August 31 each season. This rule further revises section 905.306 by lowering the minimum grade for interstate shipments of Valencia and other late type oranges from a U.S. No. 1 to a U.S. No. 1 Golden from May 15, 2013, to June 14, 2013, and to a U.S. No. 2 external/U.S. No. 1 internal from June 15, 2013, to August 31, 2013. Authority for these changes is provided for in section 905.52. This action does not impose any additional costs on the industry. However, it is anticipated that this action will have a beneficial impact. Relaxing size and grade requirements for Valencia and other late type oranges from May 15 to August 31 will make additional fruit available for shipment to the fresh market, providing the opportunity to supply the potential food service industry market. The Committee believes that relaxing the size and grade requirements provides an outlet for fruit that may otherwise go un-harvested. This action allows more fruit to be shipped to the fresh market and increases returns to both handlers and growers. The benefits of this rule are expected to be equally available to all fresh citrus growers and handlers, regardless of their size. In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget

(OMB)and assigned OMB No. 0581-0189, Generic Fruit Crops. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule will not impose any additional reporting or recordkeeping requirements on either small or large Florida citrus handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Further, the Committee meeting was widely publicized throughout the Florida citrus industry. All interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the January 8, 2013, meeting was a public meeting. All entities, both large and small, were able to express their views on this issue. Comments on the interim rule were required to be received on or before July 15, 2013. One comment in favor of the action was received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: *http://www.regulations.gov/#!documentDetail;D=AMS-FV-13-0009-0001* . This action also affirms information contained in the interim rule concerning Executive Orders 12866 and 12988, the Paperwork Reduction Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the **Federal Register** (78 FR 28115, May 14, 2013) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements, Tangelos, Tangerines. Accordingly, the interim rule that amended 7 CFR part 905, which was published at 78 FR 28115 on May 14, 2013, is adopted as a final rule, without change. Dated: August 16, 2013. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2013-20479 Filed 8-21-13; 8:45 am]

Connectionstraces to 3

Traces to 3 documents