Unknown. Interim rule with request for comments

3,332 words·~15 min read·/register/2014/04/04/2014-07543·

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-2014-04-04.xml --- 79 65 Friday, April 4, 2014 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Opportunity to Co-Sponsor an AHRQ Research Conference, 18912-18913 2014-07562 Agricultural Marketing Agricultural Marketing Service RULES Regulations Issued Under the Export Apple Act: Exempting Bulk Shipments to Canada from Minimum Requirements and Inspection, 18765-18766 2014-07543 Agricultural Research Agricultural Research Service NOTICES Exclusive Licenses, 18878 2014-07553 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Forest Service See Rural Utilities Service NOTICES Requests for Nominations:

Foundation for Food and Agriculture Research, 18877-18878 2014-07574 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, 18913-18917 2014-07575 2014-07577 2014-07582 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Family Violence Prevention and Services: Grants to States; Native American Tribes and Alaskan Native Villages; and State Domestic Violence Coalitions, 18917-18918 2014-07530 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 18891-18894 2014-07545 2014-07544 Copyright Office Copyright Office, Library of Congress NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Orphan Works and Mass Digitization, 18932 2014-07505 Defense Department Defense Department NOTICES Meetings: Response Systems to Adult Sexual Assault Crimes Panel, 18894-18895 2014-07504 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Applications to Export Electric Energy:

CP Energy Marketing Inc., 18895-18896 2014-07591 Reimbursement for Costs of Remedial Action at Uranium and Thorium Processing Sites, 18896 2014-07571 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans: Approval and Promulgations: Michigan; PSD Rules for PM2.5, 18802-18804 2014-06825 Consent Agreements and Testing Consent Orders: Octamethylcyclotetrasiloxane (D4); Export, 18822-18825 2014-07557 Kraft Pulp Mills New Source Performance Standards Review, 18952-18972 2014-06719 Pesticide Tolerances:

Imazapic, 18815-18818 2014-07585 Metaflumizone, 18805-18810 2014-07559 Proquinazid, 18810-18815 2014-07563 Time-Limited Pesticide Tolerances: Thiram, 18818-18822 2014-07556 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgation Michigan; PSD Rules for PM2.5, 18868 2014-06827 NOTICES Environmental Impact Statements; Availability, etc., 18908 2014-07584 Pesticides: Web-Distributed Labeling for Pesticide Products; Guidance, 18908-18909 2014-07458 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Dassault Aviation Airplanes, 18846-18848 2014-07519 Hawker Beechcraft Corporation Airplanes, 18848-18850 2014-07520 NOTICES Petitions for Exemptions, 18947 2014-07510 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18909-18910 2014-07528 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interagency Biographical and Financial Report, 18910 2014-07529 Meetings;

Sunshine Act, 18910-18911 2014-07653 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 18825-18827 2014-07587 NOTICES Emergencies and Related Determinations: Washington, 18923 2014-07566 Emergency Declarations: Washington; Amendment No. 1, 18923-18924 2014-07592 Major Disaster Declarations: New York; Amendment No. 4, 18924 2014-07583 Major Disasters and Related Determinations: Georgia, 18925 2014-07573 South Carolina, 18924-18925 2014-07581 Federal Energy Federal Energy Regulatory Commission RULES Order Updating Electric Quarterly Report Data Dictionary;

Correction, 18775-18799 2014-07121 NOTICES Applications: Brookfield White Pine Hydro, LLC, 18897-18898 2014-07498 FFP Missouri 5, LLC; FFP Missouri 6, LLC; Solia 6 Hydroelectric, LLC, 18899-18900 2014-07499 Merced Irrigation District, 18898-18899 2014-07497 Questar Overthrust Pipeline Co., 18896-18897 2014-07533 Combined Filings, 18900-18901 2014-07538 Complaints: Independent Power Producers of New York, Inc. v. New York Independent System Operator, Inc.; Amendment, 18901 2014-07496 Environmental Assessments;

Availability, etc.: Andrew Peklo III, 18903 2014-07501 Southeast Supply Header, LLC; SESH Expansion Project, 18901-18903 2014-07502 Environmental Impact Statements; Availability, etc.: Sierrita Gas Pipeline, LLC; Sierrita Pipeline Project, 18903-18904 2014-07494 Exemption Transfers: EBD Hydro Apple Inc., 18904 2014-07535 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Cosima Energy, LLC, 18904 2014-07539 Meetings: FirstLight Hydro Generating Co.;

Dispute Resolution Panel Meeting and Technical Conference, 18906 2014-07534 Increasing Market and Planning Efficiency through Improved Software; Technical Conference, 18905-18906 2014-07500 Winter 2013-2014 Operations and Market Performance in Regional Transmission Organizations and Independent System Operators; Technical Conference, 18904-18905 2014-07532 Petitions for Declaratory Orders: Strom, Inc., 18906-18907 2014-07495 Preliminary Permit Applications: Archon Energy 1, Inc., 18907 2014-07493 FFP Project 100, LLC, 18907-18908 2014-07503 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 18911 2014-07555 Formations of, Acquisitions by, and Mergers of Bank Holding Companies;

Correction, 18911 2014-07554 Federal Trade Federal Trade Commission RULES Textile Fiber Products Identification Act, 18766-18774 2014-07518 PROPOSED RULES Automotive Fuel Ratings, Certification and Posting, 18850-18866 2014-07423 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Proposed Threatened Status for the Rufa Red Knot (Calidris canutus rufa), 18869-18870 2014-07411 NOTICES Permit Applications: California Red-Legged Frog, Sonoma County, CA;

Low-Effect Habitat Conservation Plan, 18927-18929 2014-07521 Food and Drug Food and Drug Administration RULES Record Availability Requirements: Establishment, Maintenance, and Availability of Records, 18799-18802 2014-07550 PROPOSED RULES Guidance for Industry: Records Access Authority under the Federal Food, Drug, and Cosmetic Act, 18866-18867 2014-07551 What You Need To Know About Establishment, Maintenance, and Availability of Records; Small Entity Compliance Guide, 18867-18868 2014-07548 NOTICES Guidance for Industry and Staff:

Types of Communication During the Review of Medical Device Submissions, 18918-18919 2014-07546 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Idaho Panhandle National Forests and Lolo National Forest; Shoshone County, ID and Mineral County, MT; Lookout Pass Ski Area Expansion, 18878-18880 2014-07524 Meetings: Del Norte Resource Advisory Committee, 18880-18881 2014-07525 Humboldt County Resource Advisory Committee, 18881 2014-07542 Siuslaw Resource Advisory Committee, 18880 2014-07437 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 18919-18921 2014-07491 2014-07508 Funding Opportunities: Minority AIDS Initiative Funding to Increase HIV Prevention and Care Service Delivery, etc., 18921-18922 2014-07490 Requests for Nominations: Advisory Committee on Training in Primary Care Medicine and Dentistry, 18922 2014-07506 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services NOTICES Charter Renewals; Membership Updates: Critical Infrastructure Partnership Advisory Council, 18922-18923 2014-07482 Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 18926 2014-07272 Industry Industry and Security Bureau NOTICES Offsets Agreements; Sales of Defense Articles or Services to Foreign Countries or Foreign Firms: Annual Reporting Requirements, Calendar Year 2013, 18886-18887 2014-07507 Interior Interior Department See Fish and Wildlife Service See National Park Service See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Requests for Applications:

International Buyer Program Select Service, 2015, 18887-18889 2014-07513 International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications and Rulings, etc.: Certain Standard Cell Libraries, Products Containing or Made Using the Same, etc., 18932 2014-07570 Library Library of Congress See Copyright Office, Library of Congress National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Pacific Cod by Trawl Catcher Vessels in the Central Regulatory Area of the Gulf of Alaska; Closure, 18845 2014-07578 Fisheries of the Northeastern United States: Atlantic Mackerel, Squid, and Butterfish Fisheries; Phase 1 Reopening for the Directed Butterfish Fishery, 18844-18845 2014-07612 Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures, 18834-18844 2014-07610 Pacific Halibut Fisheries: Catch Sharing Plan, 18827-18834 2014-07536 PROPOSED RULES Atlantic Highly Migratory Species: 2014 Atlantic Bluefin Tuna Quota Specifications, 18870-18876 2014-07549 Fisheries off West Coast States:

Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program; Chafing Gear Modifications; Correction, 18876 2014-07468 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 18889-18890 2014-07540 New England Fishery Management Council, 18889-18890 2014-07526 2014-07527 Permits: Marine Mammals; File No. 15324, 18890-18891 2014-07537 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Bison Management Plan, Grand Canyon National Park, AZ, 18929-18930 2014-07349 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings:

First Responder Network Authority Board, 18891 2014-07558 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications for Combined Licenses: Nine Mile Point 3 Nuclear Project, LLC and UniStar Nuclear Operating Services, LLC; Withdrawal, 18933 2014-07580 Draft Guidance for Industry: Tornado Missile Protection, 18933-18934 2014-07576 License Amendment Applications: Department of the Army, U.S. Armament Research, Development and Engineering Center, 18934-18936 2014-07579 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Oil and Gas Lease Sales; Outer Continental Shelf, Gulf of Mexico, Western Planning Area, 18930-18931 2014-07514 Personnel Personnel Management Office NOTICES Meetings: Hispanic Council on Federal Employment; Cancelling and Re-scheduling, 18937 2014-07492 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Cancer Control Month (Proc. 9093), 18973-18976 2014-07777 National Child Abuse Prevention Month (Proc. 9094), 18977-18978 2014-07778 National Donate Life Month (Proc. 9095), 18979-18980 2014-07780 National Financial Capability Month (Proc. 9096), 18981-18982 2014-07781 National Sexual Assault Awareness and Prevention Month (Proc. 9097), 18983-18984 2014-07782 Rural Utilities Rural Utilities Service NOTICES Funds Availability:

Grant Application Deadlines, 18882-18886 2014-07567 Securities Securities and Exchange Commission NOTICES Applications: MetLife Insurance Co. of Connecticut, et al., 18937-18944 2014-07512 Meetings; Sunshine Act, 18944 2014-07686 Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 18944-18947 2014-07511 Surface Transportation Surface Transportation Board NOTICES Lease and Operation Exemptions: CCET, LLC from Rail Line of Norfolk Southern Railway Co., 18947-18948 2014-07522 Meetings:

United States Rail Service Issues; Public Hearing, 18948-18949 2014-07605 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See United States Mint U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consideration of Deferred Action for Childhood Arrivals, 18925-18926 2014-07597 U.S. Mint United States Mint NOTICES Meetings:

Citizens Coinage Advisory Committee, 18949 2014-07588 Separate Parts In This Issue Part II Environmental Protection Agency, 18952-18972 2014-06719 Part III Presidential Documents, 18973-18984 2014-07777 2014-07778 2014-07780 2014-07781 2014-07782 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 65 Friday, April 4, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 33 [Doc.

No. AMS-FV-14-0022; FV14-33-1 IR] Regulations Issued Under the Export Apple Act; Exempting Bulk Shipments to Canada From Minimum Requirements and Inspection AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. SUMMARY: This interim rule revises the regulations issued under the Export Apple Act to exempt bulk shipments of apples to Canada from the minimum requirements and inspection provisions of the Export Apple Act, and to add a definition for bulk containers.

The rule is necessary because section 10009 of the Agricultural Act of 2014 amended the Export Apple Act to exempt apples shipped to Canada in bulk containers weighing more than 100 pounds from inspection requirements. DATES: Effective April 7, 2014; comments received by June 3, 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 the comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Jennie M. Varela, 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: *Jennie.Varela@ams.usda.gov* or *Christian.Nissen@ams.usda.gov.* SUPPLEMENTARY INFORMATION: Section 10009 of the Agricultural Act of 2014 amended section 4 of the Export Apple Act (7 U.S.C. 584) to add an exemption for apples shipped to Canada in bulk containers, and add a definition for bulk container to section 9 of the Export Apple Act (7 U.S.C. 589). The Export Apple Act

(Act)promotes the foreign trade of U.S. grown apples by authorizing the implementation of regulations with minimum quality, container marking, and inspection requirements. These amendments to the Act require amendments to the regulations in 7 CFR part 33. Sections 33.10 and 33.11 of the regulations require, in part, that apples shipped to any foreign destination must meet minimum requirements and be inspected by the Federal or Federal-State Inspection Service. Section 33.12 specifies apples not subject to regulation. This rule implements the amendments to the Act by adding a new § 33.8 (Bulk container) under “Definitions” to define a bulk container as a container that contains a quantity of apples weighing more than 100 pounds. This action also revises § 33.12 by adding an additional paragraph exempting bulk shipments to Canada from all requirements under this part. Thus, any bulk container of apples being shipped to Canada is exempt from the minimum requirements and inspection provisions. Inspection would still be required for apples shipped in containers of less than 100 pounds that are not otherwise exempt. Executive Order 12866 and Executive Order 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This action has been designated as a “non-significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget

(OMB)has waived the review process. Executive Order 13175 This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination With Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications. Executive Order 12988 This interim rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect and shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects as this Act; but is intended that all such statutes shall remain in full force and effect except in so far as they are inconsistent herewith or repugnant hereto (7 U.S.C. 587). The Act provides administrative proceedings that must be exhausted before parties may file suit in court. Pursuant to 7 U.S.C. 586 and sections 33.13 and 33.14 of the regulations, any person subject to the Act may file with USDA a request for hearing, along with a written responsive answer to alleged violations of the provisions of the Act and regulations, no later than 10 days after service of notice of alleged violations, and is afforded the opportunity for a hearing on said request. After opportunity for hearing, the Secretary is authorized to refuse the issuance of certificates under this Act for periods not exceeding 90 days. 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. Small agricultural service firms, including shippers, exporters, and carriers, 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). The industry estimates there are approximately 7,500 apple producers in the U.S. The National Agricultural Statistics Service reports the 2012 apple crop was valued at nearly $3.1 billion. Assuming a normal distribution, most apple producers can be classified as small entities. According to industry statistics, there are approximately 60 apple exporters subject to regulation under the Act. Foreign Agricultural Service data estimates the value of fresh apple exports to Canada at approximately $190 million. Assuming a normal distribution, the majority of apple exporters are small businesses. Based on the above calculations, it can be concluded that the majority of apple producers and exporters may be classified as small entities. This rule is issued under the authority of the Export Apple Act, as amended (7 U.S.C. 581-590). This rule revises “Regulations Issued Under Authority of the Export Apple Act” (7 CFR part 33). In accordance with the provisions of section 10009 of the Agricultural Act of 2014, this action exempts apples shipped to Canada in bulk containers from the minimum requirements and inspection provisions issued under the Act. This action also adds the definition of “bulk container” as a container that contains a quantity of apples weighing more than 100 pounds. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements have been previously approved by the Office of Management and Budget

(OMB)and assigned OMB No. 0581-0143, (Export Fruit Regulations). 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 apple shippers, exporters, or carriers. 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. USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this interim rule. Interested persons are invited to submit comments on this interim rule, including the regulatory and informational impacts of this action on small businesses. Any comments received will be considered prior to finalization of this rule. 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)This rule has to be implemented because of amendments by the Agricultural Act of 2014 to the Act;

(2)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 33 Apples, Exports, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 33 is amended as follows: PART 33—REGULATIONS ISSUED UNDER AUTHORITY OF THE EXPORT APPLE ACT 1. The authority citation for 7 CFR part 33 continues to read as follows: Authority: 48 Stat. 124; 7 U.S.C. 581-590. 2. Section 33.8 is added to read as follows: § 33.8 Bulk container. Bulk container means a container that contains a quantity of apples weighing more than 100 pounds. 3. In § 33.12, paragraph

(d)is added to read as follows: § 33.12 Apples not subject to regulation.

(d)Apples shipped to Canada in bulk containers. Dated: March 12, 2014. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2014-07543 Filed 4-3-14; 8:45 am]

Connectionstraces to 10

Traces to 10 documents

U.S. Code