Unknown. Affirmation of interim rule as final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-03-20.xml --- 79 54 Thursday, March 20, 2014 Contents Agricultural Marketing Agricultural Marketing Service RULES Apricots Grown in Designated Counties in Washington: Suspension of Handling Regulations, 15539-15540 2014-06084 PROPOSED RULES Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida: Continuance Referendum, 15555 2014-06083 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15559-15560 2014-06085 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Farmers' Market and Local Food Promotion Program, 15560-15563 2014-06099 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service Centers Disease Centers for Disease Control and Prevention NOTICES Statements of Organization, Functions, and Delegations of Authority, 15593-15594 2014-06019 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Community Living Administration NOTICES Expansion and Capacity Building Funding:

Senior Medicare Patrol Program Project Grants, 15594 2014-06109 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquistion Regulations; Environmentally Sound Products, 15591-15592 2014-06120 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alien Claims Activity Report, 15612 2014-06128 Disaster Unemployment Assistance Activities, 15614-15615 2014-06129 Reemployment of Unemployment Insurance Benefit Recipients Report, 15612-15614 2014-06130 Employment Standards Employment Standards Administration See Wage and Hour Division Energy Department Energy Department See Federal Energy Regulatory Commission Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Applications for Final Commitment for Long-Term Loans or Financial Guarantees, 15591 2014-06087 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus Airplanes; Correction, 15555-15556 2014-06007 Federal Emergency Federal Emergency Management Agency RULES Flood Elevation Determinations, 15544-15551 2014-06091 2014-06092 Suspensions of Community Eligibility, 15542-15544 2014-06090 NOTICES Flood Hazard Determinations, 2014-06095 2014-06096 2014-06098 15597-15606 2014-06100 2014-06101 Flood Hazard Determinations; Changes, 15606-15609 2014-06093 2014-06094 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 15586-15587 2014-06088 2014-06089 Filings:

Western Area Power Administration, 15587 2014-06117 Hydroelectric Applications: FFP Missouri 16, LLC; FFP Missouri 15, LLC; Solia 8 Hydroelectric, LLC; et al., 15588-15590 2014-06116 Grand River Dam Authority, 15587-15588 2014-06115 Preliminary Permit Applications: Green Energy Storage Corp., 15590 2014-06119 Staff Attendances, 15590-15591 2014-06118 Food and Drug Food and Drug Administration RULES New Animal Drugs: Chlortetracycline; Sulfathiazole; Penicillin; Withdrawal of Approval, 15540-15541 2014-05883 Zoetis Inc., Chlortetracycline;

Sulfathiazole; Penicillin; Withdrawal of Approval, 15541 2014-05882 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Administrative Procedures: Citizen Petitions; Petition for Reconsideration or Stay of Action; Advisory Opinions, 15594-15596 2014-06132 Food and Nutrition Food and Nutrition Service RULES WIC Food Packages: Special Supplemental Nutrition Program, 15626-15627 C3--2014--04105 Forest Forest Service NOTICES Meetings: Ashley Resource Advisory Committee, 15563-15564 2014-06020 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquistion Regulations; Environmentally Sound Products, 15591-15592 2014-06120 Maximum Per Diem Rates for the State of West Virginia, 15592-15593 2014-06079 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Community Living Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency International Trade Adm International Trade Administration NOTICES Meetings:

Renewable Energy and Energy Efficiency Advisory Committee, 15564 2014-05992 Trade Missions: Safety and Security Trade Mission to Panama and Columbia, 15564-15568 2014-06114 Travel and Tourism Trade Mission to Russia, 15568-15569 2014-06110 Virtual Trade Mission to Canada's North, 15569-15571 2014-06111 International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications and Rulings, etc.: Certain Electronic Imaging Devices, 15610-15611 2014-06121 Certain Portable Electronic Communications Devices, Including Mobile Phones and Components Thereof, 15609-15610 2014-06122 Justice Department Justice Department NOTICES Proposed Consent Decrees under the Clean Water Act, 15611-15612 2014-06104 Labor Department Labor Department See Employment and Training Administration See Wage and Hour Division NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquistion Regulations; Environmentally Sound Products, 15591-15592 2014-06120 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 15597 2014-06137 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 15596-15597 2014-06136 National Institute of Allergy and Infectious Diseases, 15596 2014-06135 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:

Gulf of Mexico Fishery Management Council, 15571-15572 2014-06139 North Pacific Fishery Management Council, 15572-15573 2014-06133 Takes of Marine Mammals Incidental to Specified Activities: Construction of the Block Island Transmission System, 15573-15586 2014-06140 Postal Regulatory Postal Regulatory Commission NOTICES Bilateral Postal Agreements; Modifications, 15615 2014-06106 New Postal Products, 15615-15616 2014-06105 Presidential Documents Presidential Documents PROCLAMATIONS National Poison Prevention Week (Proc. 9090), 15629-15632 2014-06329 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 15616 2014-06126 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 15618-15619 2014-06124 BATS Y-Exchange, Inc., 15616-15618 2014-06123 NYSE MKT LLC, 15620 2014-06125 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See United States Mint RULES Acquisition Regulations: Contract Clause on Minority and Women Inclusion in Contractor Workforce, 15551-15554 2014-05846 U.S.

Mint United States Mint NOTICES National Baseball Hall of Fame Commemorative Coin Program: 2014 Pricing for Silver and Clad Coin Options, 15620 2014-06103 Veteran Affairs Veterans Affairs Department RULES VA Dental Insurance Program, 15541-15542 2014-05911 PROPOSED RULES VA Dental Insurance Program; Withdrawal, 15557-15558 2014-05912 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Insurance Deduction Authorization; Deduction from Benefit Payments, 15622 2014-06142 Quarterly Report of State Approving Agency Activities, 15622-15623 2014-06143 Veteran's Application for Compensation and/or Pension, 2014-06108 15621-15622 2014-06144 Wage Wage and Hour Division PROPOSED RULES Housing Occupancy Certificates under the Migrant and Seasonal Agricultural Worker Protection Act:

Extension of the Approval of Information Collection Requirements, 15556-15557 2014-06107 Separate Parts In This Issue Part II Agriculture Department, Food and Nutrition Service, 15626-15627 C3--2014--04105 Part III Presidential Documents, 15629-15632 2014-06329 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 54 Thursday, March 20, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 922 [Doc.

No. AMS-FV-13-0040; FV13-922-1 FIR] Apricots Grown in Designated Counties in Washington; Suspension of Handling Regulations 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 suspended the handling regulations and inspection requirements prescribed under the marketing order for apricots grown in designated Counties in Washington (order). The interim rule suspended the minimum grade, size, quality, maturity, and inspection requirements of the order for the remainder of the 2013-2014 fiscal period and subsequent fiscal periods. This rule is expected to reduce overall industry expenses and increase net returns to growers and handlers. DATES: Effective March 21, 2014. FOR FURTHER INFORMATION CONTACT: Manuel Michel, Marketing Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone:

(503)326-2724, Fax:

(503)326-7440, or Email: *Manuel.Michel@ams.usda.gov or GaryD.Olson@ams.usda.gov.* Small businesses may obtain information on complying with this and other marketing order and agreement 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 Agreement No. 132 and Order No. 922, both as amended (7 CFR Part 922), regulating the handling of apricots grown in designated counties in Washington, 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 Orders 12866, 13175, and 13563. The handling of apricots grown in designated Counties in Washington is regulated by 7 CFR part 922. The order's handling regulation contains minimum grade, size, quality, maturity, pack, and container requirements of apricots handled under the order. The objective of the handling regulation has been to ensure that only acceptable quality apricots enter fresh market channels to foster consumer satisfaction, increase sales, and improve returns to producers. Due to the evolving nature of fresh fruit marketing, many wholesale and retail apricot buyers have developed their own specific criteria that their suppliers are required to meet to ensure a high quality product. Many of these buyer standards are higher than those in effect under the order. For this reason, the Committee believes that buyer standards now override the minimum standards of the order and that the order's regulations are no longer necessary. In addition, the Committee believes that the cost of complying with the order's handling regulations, when such regulations are in effect, may exceed the benefits. Because handlers must comply with both their buyer's requirements and the order regulations, two sets of compliance expenses are incurred. Because the buyer requirements are more stringent than the order's, the Committee believes that the cost of complying with them does not result in any additional benefit to producers or handlers. Therefore, this rule continues in effect the interim rule that suspended the handling regulations prescribed in § 922.321 for the remainder of the 2013-2014 fiscal period and subsequent fiscal periods. The order contains provisions for handlers to apply for waivers from mandatory inspection when such inspection is not readily available from the Inspection Service. With the suspension of the regulation, such waivers are no longer necessary. Therefore, consistent with the suspension of § 922.321, this rule also continues in effect the action that suspended § 922.111 for the remainder of the 2013-2014 fiscal period and subsequent fiscal periods. In an interim rule published in the **Federal Register** on October 23, 2013, and effective on October 24, 2013, (78 FR 62963, Doc. No. AMS-FV-13-0040, FV13-922-1 IR), §§ 922.111 and 922.321 were indefinitely suspended in their entirety, beginning on October 24, 2013. 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 94 growers of Washington apricots in the production area and approximately 20 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration

(SBA)as those having annual receipts of less than $750,000, and small agricultural service firms as those having annual receipts of less than $7,000,000. (13 CFR 121.201) The National Agricultural Statistics Service

(NASS)reports that the 2012 total production and utilization (including both fresh and processed markets) of Washington apricots was approximately 6,700 tons, the average price was $1,250 per ton, and the total farm-gate value was approximately $8,371,000. Based on these reports and the number of apricot growers within the production area, it is estimated that the 2012 average revenue from the sale of apricots was approximately $89,000. In addition, based on information from the USDA's Market News Service, 2012 f.o.b. prices for WA No. 1 apricots ranged from $16.00 to $24.00 per 24-pound loose-pack container, and from $18.00 to $27.00 for 2-layer tray-pack containers. Using average price and shipment information provided by the Committee, it is determined that each of the Washington apricot handlers currently ship less than $7,000,000 worth of apricots on an annual basis. In view of the foregoing, it is concluded that the majority of growers and handlers of Washington apricots may be classified as small entities. This rule continues in effect the action that suspended the handling regulations specified in §§ 922.111 and 922.321 for the remainder of the 2013-2014 fiscal period and subsequent fiscal periods. The suspension of these handling regulations allows the Washington apricot industry to market apricots without regard to the minimum grade, size, quality, maturity, and inspection requirements prescribed under the order. Authority for this action is provided in § 922.53. This action is not expected to increase the costs associated with the order requirements. Rather, this action allows handlers to decrease their costs during the 2013-2014 fiscal period and subsequent fiscal periods by eliminating the expense associated with mandatory inspection. However, this rule does not impede handlers from seeking inspection on a voluntary basis if they find inspection desirable. The opportunities and benefits of this rule are equally available to all Washington apricot handlers and producers, 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. 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 apricot 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's meeting was widely publicized throughout the Washington apricot industry and all interested persons were invited to attend the meeting and participate in the Committee's deliberations. Like all Committee meetings, the May 13, 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 December 23, 2013. No comments were 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-13-0040-0001* . This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101), as well as the findings in the interim rule that the regulatory requirements no longer tend to effectuate the declared policy of the Act. 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 62963, October 23, 2013) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 922 Apricots, Marketing agreements, Reporting and recordkeeping requirements. PART 922—[AMENDED] Accordingly, the interim rule that amended 7 CFR part 922 and was published at 78 FR 62963 on October 23, 2013, is adopted as a final rule, without change. Dated: February 26, 2014. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2014-06084 Filed 3-19-14; 8:45 am]

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