Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-02-28.xml --- 79 40 Friday, February 28, 2014 Contents Agricultural Marketing Agricultural Marketing Service RULES Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas and Imported Oranges: Change in Size Requirements for Oranges, 11297-11300 2014-04603 Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas: Change in Size and Grade Requirements for Grapefruit, 11295-11297 2014-04596 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Data Collection for Container Availability, 11390-11391 2014-04169 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11390 2014-04378 Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 11434-11436 2014-04327 2014-04328 Medicaid Program: Preliminary Disproportionate Share Hospital Allotments for FY 2014, etc., 11436-11445 2014-04032 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Head Start Family and Child Experiences Survey, 11445-11446 2014-04400 Coast Guard Coast Guard RULES Drawbridge Operations: Gulf Intracoastal Waterway, Belle Chasse, LA, 11320-11321 2014-04354 Long Island, New York Inland Waterway from East Rockaway Inlet to Shinnecock Canal, Hempstead, NY, 11320 2014-04357 Newtown Creek, Dutch Kills, English Kills and Their Tributaries, New York City, NY, 11321-11322 2014-04373 Regulated Navigation Areas:

Southern Oahu Tsunami Vessel Evacuation, Honolulu, HI, 11322-11325 2014-04352 Commerce Commerce Department See Economic Analysis Bureau See Economics and Statistics Administration See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11394 2014-04395 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 2014-04411 11422-11423 2014-04412 Community Development Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11499-11500 2014-04449 Comptroller Comptroller of the Currency RULES Basel III Conforming Amendments Related to Cross-References, Subordinated Debt and Limits Based on Regulatory Capital, 11300-11317 2014-04331 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Capital Adequacy Standards, 11501-11504 2014-04404 Qualitative Feedback on Agency Service Delivery, 11500-11501 2014-04403 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements: Acquisitions in Support of Operations in Afghanistan, 11342-11343 2014-04152 Contractor Employee Whistleblower Protections, 11336-11337 2014-04158 Disclosure to Litigation Support Contractors, 11337-11341 2014-04159 Technical Amendments, 11341-11342 2014-04160 PROPOSED RULES Defense Federal Acquisition Regulation Supplements:

Clauses With Alternates—Taxes, 11381-11382 2014-04157 Rules of the Armed Services Board of Contract Appeals, 11374-11381 2014-04153 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps See Navy Department NOTICES 2015 Department of Defense Key State Issues Impacting Service Members and Their Families, 11423 2014-04416 Meetings: Uniform Formulary Beneficiary Advisory Panel, 11423-11424 2014-04405 Economic Analysis Bureau Economic Analysis Bureau NOTICES Annual Survey of Foreign Direct Investment in the United States, 11394-11395 2014-04444 Annual Survey of U.S.

Direct Investment Abroad, 11395 2014-04445 Quarterly Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons, 11395-11396 2014-04453 Quarterly Survey of Foreign Airline Operators' Revenues and Expenses in the United States, 11396-11397 2014-04464 Quarterly Survey of Foreign Direct Investment in the United States; Transactions of U.S. Affiliate with Foreign Parent, 11397 2014-04440 Quarterly Survey of Insurance Transactions by U.S.

Insurance Companies with Foreign Persons, 11398 2014-04454 Quarterly Survey of U.S. Direct Investment Abroad; Transactions of U.S. Reporter with Foreign Affiliate, 11398-11399 2014-04442 Survey of Foreign Ocean Carriers' Expenses in the United States, 11399-11400 2014-04438 Survey of Ocean Freight Revenues and Foreign Expenses of United States Carriers, 11400 2014-04437 Economics Statistics Economics and Statistics Administration NOTICES Meetings: Bureau of Economic Analysis Advisory Committee, 11400-11401 2014-04448 Education Department Education Department PROPOSED RULES Innovative Approaches to Literacy Program:

Priorities, Requirements, and Definitions, 11363-11366 2014-04490 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Turnaround School Leaders Program Grant Application, 11425-11426 2014-04393 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Determination of Computer and Battery Backup Systems as a Covered Consumer Product, 11345-11350 2014-04423 Proposed Determination of Computer Servers as a Covered Consumer Product;

Withdrawal, 11350 2014-04422 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11426-11427 2014-04619 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Installation of Terminal Groin Structure, South Beach, Bald Head Island; Brunswick County, NC, 11424 2014-04286 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Utah; Revisions to Utah Administrative Code and an Associated Plan Revision, 11325-11327 2014-04336 NOTICES Environmental Impact Statements; Availability, etc., 11428-11429 2014-04420 Nominations for Peer Reviewers and Availability of Draft Health Effects Documents: Perfluorooctanoic Acid and Perfluorooctane Sulfonate, 11429-11430 2014-04455 Federal Aviation Federal Aviation Administration RULES Establishment of Class E Airspace: Eagle, AK, 11317-11318 2014-04320 PROPOSED RULES Airworthiness Directives:

Airbus Airplanes, 11355-11360 2014-04495 2014-04496 Fokker Services B.V. Model F.28 Airplanes, 11351-11355 2014-04499 Amendment of Class E Airspace: Albion, NE, 11360-11361 2014-04467 Federal Communications Federal Communications Commission RULES Technology Transitions; Connect America Fund, 11327-11336 2014-04313 PROPOSED RULES Technology Transitions; Connect America Fund: Numbering Policies for Modern Communications, 11366-11373 2014-04312 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 11430-11431 2014-04434 Meetings: Communications Security, Reliability, and Interoperability Council, 11431-11432 2014-04459 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 11432 2014-04545 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Emergency Management Agency Individual Assistance Follow-Up Program Effectiveness and Recovery Surveys, 11456-11457 2014-04413 Federal Emergency Management Agency Individual Assistance Program Effectiveness and Recovery Surveys, 11454-11455 2014-04415 Individual Assistance Customer Satisfaction Surveys, 11455 2014-04419 SalesForce Customer Relationship Management System Webform, 11455-11456 2014-04418 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 11427-11428 2014-04383 Technical Conferences:

Operations and Market Performance in Regional Transmission Organizations, etc., 11428 2014-04382 Federal Housing Enterprise Federal Housing Enterprise Oversight Office PROPOSED RULES Responsibilities of Boards of Directors, Corporate Practices and Corporate Governance Matters, 11350-11351 2014-04421 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Responsibilities of Boards of Directors, Corporate Practices and Corporate Governance Matters, 11350-11351 2014-04421 Federal Housing Finance Board Federal Housing Finance Board PROPOSED RULES Responsibilities of Boards of Directors, Corporate Practices and Corporate Governance Matters, 11350-11351 2014-04421 Federal Maritime Federal Maritime Commission NOTICES Investigation Orders and Hearings:

Oceanic Bridge International, Inc.; Violations of Shipping Act, 11432 2014-04299 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 11432 2014-04401 Federal Trade Federal Trade Commission NOTICES Proposed Consent Orders: N.E.W. Plastics Corp., 11432-11434 2014-04380 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Fish and Wildlife Permit Applications and Reports;

Management Authority, 11459-11461 2014-04339 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information from United States Firms and Processors that Export to the European Community, 11446-11448 2014-04348 Draft Guidance for Industry: Attachment to Guidance on Antiviral Product Development; Conducting and Submitting Virology Studies to the Agency; etc., 11448 2014-04425 Guidance for Industry:

Providing Regulatory Submissions in Electronic Format; Receipt Date; Correction, 11449 2014-04424 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Bear Creek Allotment Management Plan, Ochoco National Forest, Lookout Mountain Ranger District, OR, 11391-11393 2014-04394 Meetings: Grand Mesa, Uncompahgre, and Gunnison Resource Advisory Committee, 11393-11394 2014-04398 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 11461-11462 2014-04392 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, 11458-11459 2014-04485 Consolidated Public Housing Certification of Completion, 11457-11458 2014-04482 Fellowship Placement Pilot Program, 11457 2014-04488 Federal Properties Suitable as Facilities to Assist the Homeless, 11459, 11516-11677 2014-03702 2014-04186 Indian Affairs Indian Affairs Bureau NOTICES Reservation Proclamations: White Horse Golf Course Property Addition to Port Madison Indian Reservation for the Suquamish Tribe, 11462-11463 2014-04439 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service NOTICES Environmental Impact Statements;

Availability, etc.: Provo River Delta Restoration Project, 11511-11512 2014-04311 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11504-11510 2014-04374 Meetings: Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 11510 2014-04355 Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee, 11510 2014-04356 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews;

Results, Extensions, Amendments, etc., 11401-11406 2014-04428 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Pasta from Italy, 11409-11411 2014-04430 Polyethylene Terephthalate Film, Sheet, and Strip from India, 11406-11407 2014-04432 Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan, 11407-11409 2014-04429 Changed Circumstances Reviews: Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 11411-11412 2014-04431 Countervailing Duty Administrative Reviews;

Results, Extensions, Amendments, etc.: Polyethylene Terephthalate Film, Sheet, and Strip from India, 11412-11413 2014-04436 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Earned Import Allowance Program; Evaluation of Effectiveness of Program for Certain Apparel from the Dominican Republic, 11465-11466 2014-04334 Uncovered Innerspring Units from China, South Africa, and Vietnam, 11466-11467 2014-04337 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Patient Protection and Affordable Care Act Patient Protection Notice, 11467-11468 2014-04397 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Ochoa Mine Project; Lea County, NM, 11463-11464 2014-04257 Maritime Maritime Administration NOTICES Administrative Waivers of the Coastwise Trade Laws: Vessel C23, 11496-11497 2014-04470 Vessel KOUKLA, 11495 2014-04483 Vessel NASHA III, 11496 2014-04487 Vessel PISTOLERO, 11495-11496 2014-04480 NASA National Aeronautics and Space Administration RULES Delegations and Designations, 11318-11320 2014-03295 National Archives National Archives and Records Administration NOTICES Records Schedules, 11468-11469 2014-04417 National Institute National Institute of Standards and Technology NOTICES Funding Availability:

Manufacturing Extension Partnership Center for Florida, 11413-11417 2014-04475 Meetings: Information Security and Privacy Advisory Board, 11418 2014-04473 Smart Grid Advisory Committee, 11417-11418 2014-04474 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 11449, 11451-11454 2014-04361 2014-04363 2014-04364 2014-04366 2014-04367 National Cancer Institute, 11453 2014-04360 National Heart, Lung, and Blood Institute, 11451 2014-04370 National Institute of Allergy and Infectious Diseases, 11449-11450 2014-04359 National Institute of Environmental Health Sciences, 11450-11451 2014-04371 National Institute on Aging, 11450 2014-04362 National Institute on Drug Abuse, 11449-11450 2014-04368 2014-04369 National Institute on Minority Health and Health Disparities, 11450 2014-04365 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries Off West Coast States:

Coastal Pelagic Species Fisheries; Change to Start of Pacific Sardine Fishing Year, 11343-11344 2014-04376 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Dolphin and Wahoo Fishery Off the Atlantic States; Amendment 5, 11383-11384 2014-04457 Fisheries off West Coast States: Pacific Coast Groundfish Fishery; 2014 Tribal Fishery for Pacific Whiting, 11385-11389 2014-04375 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 2014-04450 11419-11420 2014-04451 South Atlantic Fishery Management Council, 11418-11419 2014-04402 Permits:

Endangered Species; File No. 17787, 11420-11421 2014-04466 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Research Permit and Reporting System Applications and Reports, 11464-11465 2014-04446 Environmental Impact Statements; Availability, etc.: Grand Ditch Breach Restoration Record of Decision, Rocky Mountain National Park, CO, 11465 2014-04472 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 11469 2014-04569 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: First Responder Network Authority Board, 11421-11422 2014-04381 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11424-11425 2014-04338 2014-04477 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Exemptions: Florida Power and Light Co.; Turkey Point Nuclear Generating Unit Nos. 3 and 4, 11469-11472 2014-04409 Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Peace Peace Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 11472-11473 2014-04486 2014-04489 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Customer Satisfaction Surveys, 11473 2014-04526 Performance Measurement Surveys, 11473-11474 2014-04525 Program Services Evaluation Surveys, 11474 2014-04524 Securities Securities and Exchange Commission PROPOSED RULES Asset-Backed Securities Release, 11361-11362 2014-04433 NOTICES Applications:

Cohen and Steers Capital Management, Inc., et al., 11474-11481 2014-04391 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 11481-11486, 11491-11494 2014-04390 2014-04435 National Securities Clearing Corp., 11494-11495 2014-04388 NYSE Arca, Inc., 11486-11491 2014-04389 Surface Transportation Surface Transportation Board NOTICES Acquisition and Operation Exemptions: Central Maine and Quebec Railway US, Inc.; Montreal, Maine and Atlantic Railway, Ltd., 11497-11498 2014-04460 Control Exemptions;

Continuances: Fortress Investment Group, LLC; Florida East Coast Railway, LLC and Central Maine and Quebec Railway US, Inc., 11498-11499 2014-04461 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Community Development Financial Institutions Fund See Comptroller of the Currency See Internal Revenue Service See United States Mint NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 11499 2014-04377 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 11510 2014-04379 Utah Utah Reclamation Mitigation and Conservation Commission NOTICES Environmental Impact Statements; Availability, etc.: Provo River Delta Restoration Project, 11511-11512 2014-04311 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: President Memorial Certificate, 11513 2014-04341 Time Record (Work-Study Program), 11512-11513 2014-04426 Gulf War Veterans Illnesses Task Force Report, 11513 2014-04476 Separate Parts In This Issue Part II Housing and Urban Development Department, 11516-11677 2014-03702 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. 79 40 Friday, February 28, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 906 [Doc. No. AMS-FV-14-0015; FV14-906-2 IR] Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas;

Change in Size and Grade Requirements for Grapefruit AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. SUMMARY: This rule relaxes the minimum size and grade requirements currently prescribed for grapefruit under the marketing order for oranges and grapefruit grown in Lower Rio Grande Valley in Texas (order). The order is administered locally by the Texas Valley Citrus Committee (Committee). This rule relaxes the minimum size requirement for grapefruit from 3 5/16 inches to 3 inches in diameter and reduces the minimum grade requirement for small-sized grapefruit.

This rule will provide additional grapefruit to meet market demand, helping to maximize fresh shipments. DATES: Effective March 1, 2014; comments received by April 29, 2014 will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237;

Fax:

(202)720-8938; or Internet: *http://www.regulations.gov.* All comments should reference the document number and the date and page number of this issue of the **Federal Register** and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.regulations.gov.* All comments submitted in response to this rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Doris Jamieson, 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: *Doris.Jamieson@ams.usda.gov* or *Christian.Nissen@ams.usda.gov.* Small businesses may request information on complying with this regulation 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 Agreement and Order No. 906, as amended (7 CFR part 906), regulating the handling of oranges and grapefruit grown in the Lower Rio Grande Valley in Texas, 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.” The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Orders 12866, 13175, and 13563. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule relaxes the minimum size and grade requirements for grapefruit prescribed under the order. This rule relaxes the minimum size requirement for grapefruit from 3 5/16 inches to 3 inches in diameter and reduces the minimum grade requirement for small-sized grapefruit. This rule will provide additional grapefruit to meet market demand and will help maximize fresh shipments. These changes were unanimously recommended by the Committee at a meeting on December 11, 2013. Section 906.40 of the order provides, in part, authority to establish minimum grade and size requirements for Texas citrus. Section 906.340 of the rules and regulations includes Table II that specifies the numerical size designations and diameters used to delineate the available pack sizes for grapefruit. Section 906.365 specifies the minimum grade and size requirements for fresh shipments of Texas grapefruit. At its meeting, the Committee discussed the impact the recent freeze in California had on the citrus crop and agreed the freeze had reduced the amount of fruit available for shipment to the fresh market. They also discussed the decline in citrus production in Florida caused by citrus greening and other diseases. The Committee believes this creates a shortage of fruit available to supply the fresh fruit market, which the Texas citrus growers and handlers should fill. The Committee noted that additional fruit was available from the Texas citrus industry. However, the fruit is smaller in size and would not meet the order's current size and grade requirements. The Committee also recognized that consumers are now showing a preference for smaller-sized fruit. The Committee believes relaxing the requirements would make more fruit available to fill the market shortfall caused by the decline in production from other growing regions and provide smaller-sized fruit to meet consumer demand. Consequently, to make more fruit available for shipment to the fresh market and to meet consumer demand, the Committee recommended a relaxation of the size and grade requirements for grapefruit. This rule changes the minimum size requirement for grapefruit from 3 5/16 inches (size 56) to 3 inches (size 64) in diameter and adds size 64 to the available pack sizes for grapefruit listed under Table II in § 906.340, as well as adding language concerning pack and sizing requirements. Currently, fruit sized 48 (3 9/16 inches) and larger must meet a minimum grade requirement of a “Texas Choice” as defined in § 906.137 of the order, while size 56 fruit must meet the more restrictive grade of a U.S. No. 1. This rule relaxes the minimum grade for a size 56, establishing a minimum grade of “Texas Choice” for both size 56 and size 64 grapefruit. This makes the minimum grade consistent for all available sizes. The Committee believes relaxing these size and grade requirements will make more fruit available to meet market demand, helping to maximize fresh shipments and increasing returns to growers and handlers. The Committee also recommended a relaxation in the minimum size requirement for oranges covered under the order. This change is being considered under a separate action. Initial 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 initial 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 13 registered handlers of Texas citrus who are subject to regulation under the marketing order and approximately 150 producers of grapefruit in the regulated area. Small agricultural service firms, which include handlers, are defined by the Small Business Administration

(SBA)as those having annual receipts of less than $7,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000 (13 CFR 121.201). According to National Agricultural Statistics Service data, the average f.o.b. price for Texas grapefruit during the 2012-13 season was $24.10 per box, and total fresh shipments were approximately 3 million boxes. Using the average f.o.b. price and shipment data, and considering a normal distribution, the majority of Texas grapefruit handlers could be considered small businesses under SBA's definition. In addition, based on production data, grower prices, and the total number of Texas citrus growers, the average annual grower revenue is below $750,000. Thus, the majority of handlers and producers of grapefruit may be classified as small entities. This rule relaxes the size and grade requirements for grapefruit prescribed under the order. This rule relaxes the minimum size requirement for grapefruit from 3 5/16 inches (size 56) to 3 inches (size 64). This action also relaxes the minimum grade requirement for size 56 fruit from a U.S. No. 1 to a “Texas Choice” and establishes the minimum grade for a size 64 as a “Texas Choice.” These changes are expected to make additional fruit available for shipment to the fresh market, maximize shipments, provide additional returns to handlers and growers, and respond to consumer demand for small-sized fruit. Authority for these changes is provided in § 906.40. This rule amends the provisions in §§ 906.340 and 906.365. The Committee unanimously recommended these changes at its December 11, 2013, meeting. This rule is not expected to increase costs associated with the order's requirements. Rather, it is anticipated that this action will have a beneficial impact. Reducing size and grade requirements will make additional fruit available for shipment to the fresh market. The Committee believes this will provide additional fruit to fill the shortage caused by the reduced amount of fruit available from other growing regions and will provide the opportunity to fulfill growing consumer demand for smaller-sized fruit. This action will also provide an outlet for fruit that may otherwise go unharvested, maximizing fresh shipments and increasing returns to handlers and growers. The benefits of this rule are expected to be equally available to all fresh grapefruit growers and handlers, regardless of their size. An alternative to this action would be to maintain the current minimum requirements for domestic shipments of grapefruit. However, leaving the requirements unchanged would not make any additional fruit available nor would it provide smaller-sized fruit to meet consumer demand. Therefore, this alternative was rejected. 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 Texas 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. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the Committee's meeting was widely publicized throughout the Texas citrus industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the December 11, 2013, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. Finally, interested persons are invited to submit comments on this interim rule, including the regulatory and informational impacts of this action on small businesses. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide.* Any questions about the compliance guide should be sent to Jeffrey Smutny at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. This rule invites comments on changes to size and grade requirements currently prescribed for grapefruit under the marketing order for oranges and grapefruit grown in Lower Rio Grande Valley in Texas. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the Committee's recommendation, and other information, it is found that this interim rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:

(1)The shipping season for grapefruit has already started;

(2)this action relaxes current size and grade requirements;

(3)the Committee unanimously recommended this change at a public meeting and interested parties had an opportunity to provide input; and

(4)this rule provides a 60-day comment period and any comments received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 906 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 906 is amended as follows: PART 906—ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY IN TEXAS 1. The authority citation for 7 CFR part 906 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In § 906.340, paragraph (a)(2)(ii)(A) and Table II—Grapefruit are revised to read as follows: § 906.340 Container, pack, and container marking regulations.

(a)* * *

(2)* * *

(ii)* * *

(A)Grapefruit, when packed in any carton, bag, or other container, shall be sized in accordance with the sizes in the following Table II, except as otherwise provided in the regulations issued pursuant to this part, and meet the requirements of standard pack; and, when in containers not packed according to a definite pattern, shall be sized in accordance with the sizes in Table II: Provided, That the packing tolerances in the U.S. Standards for Grades of Grapefruit (Texas and States other than Florida, California, and Arizona), shall apply to fruit so packed. All fruit packed to size 64 in the following Table II shall be sized in accordance with the sizes in Table II but need not otherwise meet the requirements of standard pack: Provided, That they meet the same tolerances for off-size and pack as defined in the U.S. Standards for Grades of Grapefruit (Texas and States other than Florida, California, and Arizona). Table II—Grapefruit [ 7/10 Bushel carton] Pack size/ number of grapefruit Diameter in inches Minimum Maximum 18 4 15/16 5 9/16 23 4 5/16 5 27 4 2/16 4 12/16 32 3 15/16 4 8/16 36 3 13/16 4 5/16 40 3 10/16 4 2/16 48 3 9/16 3 14/16 56 3 5/16 3 10/16 64 3 3 8/16 3. In § 906.365, paragraph (a)(4) is revised to read as follows: § 906.365 Texas Orange and Grapefruit Regulation 34.

(a)* * *

(4)Such grapefruit are at least pack size 64 with a minimum diameter of 3 inches. Dated: February 26, 2014. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2014-04596 Filed 2-27-14; 8:45 am]

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