Unknown. Final rule, technical amendment

4,761 words·~22 min read·/register/2014/04/09/2014-07979

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-2014-04-09.xml --- 79 68 Wednesday, April 9, 2014 Contents Agency Agency for International Development NOTICES Meetings: President's Global Development Council, 19576 2014-07933 Agricultural Marketing Agricultural Marketing Service RULES Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida: Relaxing Size and Grade Requirements on Valencia and Other Late Type Oranges, 19461 C1--2013--11389 PROPOSED RULES Kiwifruit Grown in California:

Continuance Referendum, 19501 2014-07980 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Farm Service Agency See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19576-19577 2014-07959 2014-07961 Air Force Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19589-19590 2014-07946 Privacy Act; Systems of Records, 19590-19593 2014-07874 2014-07910 Consumer Financial Protection Bureau of Consumer Financial Protection PROPOSED RULES Minimum Requirements for Appraisal Management Companies, 19521-19543 2014-06860 Coast Guard Coast Guard RULES Safety Zones:

Akadama Fireworks Display, Richmond Inner Harbor, Richmond, CA, 19480-19482 2014-07924 Lake Havasu Gran Prix, Lake Havasu, AZ, 19483-19485 2014-07922 Special Local Regulations: Charleston Race Week, Charleston Harbor; Charleston, SC, 19478-19480 2014-07837 PROPOSED RULES Safety Zones: Facilities on the Outer Continental Shelf; Gulf of Mexico, 19569-19572 2014-07838 Fireworks Display, Patapsco River, Northwest Harbor (East Channel), Baltimore, MD, 19572-19575 2014-07930 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation RULES Tobacco Transition Program Assessments:

Appeals, Revisions Procedures, 19462-19464 2014-07979 Comptroller Comptroller of the Currency PROPOSED RULES Minimum Requirements for Appraisal Management Companies, 19521-19543 2014-06860 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consumer Opinion Forum, 19581 2014-07917 Defense Department Defense Department See Air Force Department See Navy Department RULES National Industrial Security Program, 19467-19478 2014-07826 NOTICES Privacy Act;

Systems of Records, 19581-19589 2014-07845 2014-07846 2014-07856 2014-07868 2014-07870 2014-07920 2014-07932 2014-07943 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Status and Program Performance Final Report for State and Partnership for the Gaining Early Awareness and Readiness for Undergraduate Programs, 19595 2014-07857 Applications for New Awards: Developing Hispanic-Serving Institutions Program, 19604-19610 2014-07975 Training and Information for Parents of Children with Disabilities - Parent Training and Information Centers, 19595-19604 2014-07969 Employee Benefits Employee Benefits Security Administration NOTICES Proposed Exemptions from Certain Prohibited Transaction Restrictions, 19641-19656 2014-07872 Energy Department Energy Department NOTICES Withdrawals from Production and Distribution:

Radioisotope Germanium-68 Used for Calibration Sources, 19610-19611 2014-07865 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Imazapyr, 19485-19487 2014-07694 NOTICES Applications; Permits: Pesticide Experimental Use, 19611-19612 2014-07819 Meetings: Chartered Clean Air Scientific Advisory Committee; Clean Air Scientific Advisory Committee Ozone Review Panel; Public Teleconference, 19613 2014-07921 Science Advisory Board Chemical Assessment Advisory Committee, etc.;

Public Teleconference; Date Corrections, 19613 2014-07923 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19613-19614 2014-07914 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transfer of Farm Records Between Counties, 19577-19578 2014-07867 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus Airplanes, 19548-19551 2014-07954 Bombardier, Inc. Airplanes, 19546-19548 2014-07934 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NAS Data Release Request, 19705 2014-07902 Meetings: Air Traffic Procedures Advisory Committee, 19706 2014-07907 RTCA Special Committee 222, Inmarsat AMS(R)S, 19706 2014-07904 RTCA Special Committee 228, Minimum Operational Performance Standards for Unmanned Aircraft Systems, 19705 2014-07906 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Minimum Requirements for Appraisal Management Companies, 19521-19543 2014-06860 NOTICES Meetings:

Advisory Committee on Economic Inclusion, 19614 2014-07911 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: State Route 18 from State Route-64 at Bolivar to State Route 100, Hardeman County, TN, 19706-19707 2014-07939 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Minimum Requirements for Appraisal Management Companies, 19521-19543 2014-06860 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 19614-19615 2014-07953 Federal Reserve Federal Reserve System PROPOSED RULES Minimum Requirements for Appraisal Management Companies, 19521-19543 2014-06860 Federal Trade Federal Trade Commission RULES Energy and Water Use Labeling for Consumer Products under the Energy Policy and Conservation Act (Energy Labeling Rule), 19464-19467 2014-07739 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

Designation of Critical Habitat for Mazama Pocket Gophers, 19712-19757 2014-07415 Status for Olympia Pocket Gopher, Roy Prairie Pocket Gopher, Tenino Pocket Gopher, and Yelm Pocket Gopher, 19760-19796 2014-07414 NOTICES Minor Boundary Adjustments: Kodiak National Wildlife Refuge, AK, 19638-19639 2014-07937 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Participation in the Medical Device Fellowship Program, 19619 2014-07916 Food and Drug Administration Generic Rapid Response Surveys, 19618 2014-07931 Total Product Life Cycle;

Infusion Pump; Premarket Notification Submissions; Draft Guidance for Industry and Staff, 19616-19617 2014-07915 Approval Withdrawal: Watson Laboratories, Inc.; Bupropion Hydrochloride Extended-Release Tablets, 300 Milligrams, 19626 2014-07897 Center for Drug Evaluation and Research: Use of Innovative Packaging, Storage, and/or Disposal Systems to Address the Misuse and Abuse of Opioid Analgesics, 19619-19620 2014-07909 Guidance for Industry: Blood Glucose Monitoring Test Systems for Prescription Point-of-Care Use, 19622 2014-07898 Immunogenicity-Related Considerations for Approval of Low Molecular Weight Heparin for New Drug Applications, 19621-19622 2014-07896 Meetings with the Office of Orphan Products Development, 19623-19626 2014-07908 Proper Labeling of Honey and Honey Products, 19620-19621 2014-07925 Self-Monitoring Blood Glucose Test Systems for Over-the-Counter Use, 19622-19623 2014-07899 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities:

Xylem Water Systems USA, LLC, Foreign-Trade Subzone 37D, Auburn, NY, 19578 2014-07962 Forest Forest Service NOTICES Meetings: South Central Idaho Resource Advisory Committee, 19578 2014-07938 General Services General Services Administration PROPOSED RULES Federal Management Regulations: Disposal and Reporting of Federal Electronic Assets; Correction, 19575 2014-07903 NOTICES Guidance for Industry: Facilities Standards for the Public Buildings Service, 19615 2014-07901 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19639 2014-07947 Health and Human Health and Human Services Department See Food and Drug Administration See Indian Health Service See National Institutes of Health NOTICES Designation of a Class of Employees for Addition to the Special Exposure Cohort: Joslyn Manufacturing and Supply Co.; Fort Wayne, IN, 19615 2014-07935 Meetings: Advisory Group on Prevention, Health Promotion, and Integrative and Public Health, 19615-19616 2014-07848 Homeland Homeland Security Department See Coast Guard Indian Health Indian Health Service See Indian Health Service NOTICES Organization, Functions, and Delegations of Authority:

Navajo Area Office, 19626-19632 2014-07877 Industry Industry and Security Bureau PROPOSED RULES Export Administration Regulations; Support Document Requirements, 19552-19564 2014-07918 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Reclamation Bureau International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications and Rulings: Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, etc., 19640-19641 2014-07875 Justice Department Justice Department See Justice Programs Office Justice Programs Justice Programs Office NOTICES Draft of SWGDOC Standard for the Examination of Documents for Alterations, 19641 2014-07977 Meetings:

Federal Advisory Committee on Juvenile Justice; Webinar, 19641 2014-07978 Labor Department Labor Department See Employee Benefits Security Administration Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19707 2014-07900 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19656-19657 2014-07854 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Division of Cancer Epidemiology and Genetics Fellowship Program and Summer Student Applications, 19632-19633 2014-07957 Process Assessment Review, Division of Acquired Immunodeficiency Syndrome Critical Events Policy Implementation Program, 19633-19634 2014-07960 Government-Owned Inventions; Availability for Licensing, 19634-19637 2014-07871 Meetings: Center for Scientific Review, 19638 2014-07861 National Institute of Diabetes and Digestive and Kidney Diseases, 19637-19638 2014-07862 National Institute of General Medical Sciences, 19637 2014-07863 National Institute of Neurological Disorders and Stroke, 19638 2014-07860 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Revisions to Dealer Permitting and Reporting Requirements for Species Managed by the Gulf of Mexico and South Atlantic Fishery Management Councils, 19490-19497 2014-07983 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher/Processors Using Hook-and-Line Gear in the Central Regulatory Area of the Gulf of Alaska, 19500 2014-07948 Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Trimester Closure and Trip Limit Adjustments for the Common Pool Fishery, 19497-19498 2014-07944 Fisheries off West Coast States:

Biennial Specifications and Management Measures; Inseason Adjustments, 19498-19500 2014-07982 International Fisheries: Pacific Tuna Fisheries; Fishing Restrictions in the Eastern Pacific Ocean, 19487-19490 2014-07905 NOTICES Permits: Marine Mammals; File No. 14610, 19579-19580 2014-07956 Marine Mammals; File No. 18537, 19578-19579 2014-07844 Takes of Marine Mammals Incidental to Specified Activites: Marine Geophysical Survey, Northwest Atlantic Ocean Offshore New Jersey, May to August 2014, 19580-19581 2014-07974 Navy Navy Department NOTICES Privacy Act;

Systems of Records, 19593-19594 2014-07843 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Emergency Planning Zones, 19501-19520 2014-07981 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19657-19659 2014-07878 2014-07879 2014-07880 Combined License Applications: DTE Electric Co., Fermi 3, 19659 2014-07958 Exemptions: Unit 1, St. Lucie Plant; Florida Power and Light Co., 19659-19662 2014-07972 Guidance for Industry: Preheat and Interpass Temperature Control for the Welding of Low-Alloy Steel for Use in Fuel Reprocessing Plants and in Plutonium Processing, 19663-19664 2014-07929 Welding in Areas of Limited Accessibility in Fuel Reprocessing Plants and in Plutonium Processing and Fuel Fabrication Plants;

Withdrawal, 19662-19663 2014-07928 Service Contracts Inventories; Availability, 19664 2014-07973 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Crime Victims' Rights Week, 19797-19800 2014-08132 National Volunteer Week, 19801-19802 2014-08134 ADMINISTRATIVE ORDERS Somalia; Continuation of National Emergency, 19803 2014-08135 Reclamation Reclamation Bureau NOTICES Charter Renewals: Yakima River Basin Conservation Advisory Group, 19639-19640 2014-07936 Securities Securities and Exchange Commission PROPOSED RULES Investment Company Advertising:

Target Date Retirement Fund Names and Marketing, 19564-19569 2014-07869 NOTICES Applications: Direxion Shares ETF Trust, et al., 19664-19671 2014-07893 FundVantage Trust, et al., 19671-19675 2014-07894 Orders: Review of FASB Accounting Support Fee for 2014 under the Sarbanes-Oxley Act of 2002, 19675-19676 2014-07882 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board Options Exchange, Inc., et al.; Joint Industry Plans;

Approving Orders, 19687-19689 2014-07881 BOX Options Exchange LLC, 19695-19697 2014-07885 C2 Options Exchange, Inc., 19676-19678 2014-07886 Chicago Board Options Exchange, Inc., 19678-19680, 19697-19699, 19702-19704 2014-07887 2014-07888 2014-07889 2014-07890 Chicago Mercantile Exchange Inc., 19683-19685 2014-07883 International Securities Exchange, LLC, 19680-19683 2014-07892 ISE Gemini Exchange LLC, 19685-19687 2014-07884 NYSE Arca, Inc., 19689-19692 2014-07951 NYSE MKT, LLC, 19692-19695 2014-07952 Topaz Exchange, LLC, 19699-19702 2014-07891 Small Business Small Business Administration PROPOSED RULES Management and Technical Assistance Service Providers Information, 19544-19546 2014-07850 Surface Transportation Surface Transportation Board NOTICES Discontinuance of Service Exemptions:

Norfolk Southern Railway Co., Isle of Wight County and City of Suffolk, VA, 19707-19708 2014-07942 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19708-19709 2014-07927 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 19712-19757 2014-07415 Part III Interior Department, Fish and Wildlife Service, 19760-19796 2014-07414 Part IV Presidential Documents, 19797-19803 2014-08132 2014-08134 2014-08135 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 68 Wednesday, April 9, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Doc. No. AMS-FV-13-0009; FV13-905-2 IR] Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;

Relaxing Size and Grade Requirements on Valencia and Other Late Type Oranges Correction In rule document 2013-11389 beginning on page 28115 in the issue of Tuesday, May 14, 2013, make the following correction: § 905.306 [Corrected] On page 28117, the table should read: Table I Variety Regulation period Minimum grade Minimum diameter (inches)

(4)* * * * * * * Valencia and other late type 08/01/2012-05/14/2013 U.S. No. 1 2 8/16 05/15/2013-06/14/2013 U.S. No. 1 Golden 2 4/16 06/15/2013-08/31/2013 U.S. No. 2, External; U.S. No. 1, Internal 2 4/16 On or after 09/01/13 September 1-May 14 U.S. No. 1 2 8/16 May 15-June 14 U.S. No. 1 2 4/16 June 15-July 31 U.S. No. 2, External; U.S. No. 1, Internal 2 4/16 August 1-August 31 U.S. No. 1 2 4/16 * * * * * * * [FR Doc. C1-2013-11389 Filed 4-8-14; 8:45 am] BILLING CODE 1505-01-D DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1463 RIN 0560-AH30 Tobacco Transition Program Assessments; Final Appeals and Revisions Procedures AGENCY: Commodity Credit Corporation, USDA. ACTION: Final rule, technical amendment. SUMMARY: The Commodity Credit Corporation

(CCC)is amending the regulations for the Tobacco Transition Program

(TTP)to clarify the final administrative actions required for the orderly close-out of the program. Through the Tobacco Transition Payment Program (TTPP), which is part of the TTP, eligible former tobacco quota holders and producers of quota tobacco receive payments from funds that CCC collects through quarterly assessments on domestic manufacturers and importers of tobacco products as required by the Fair and Equitable Tobacco Reform Act of 2004 (FETRA). This rule clarifies final dates and deadlines for the assessments and related program actions, including when CCC will make any final revisions to the quarterly assessments, when documentation is required for administrative appeals filed after FY 2014, when final appeals may be filed, and when CCC decisions on final appeals will take place. DATES: *Effective date:* April 9, 2014. FOR FURTHER INFORMATION CONTACT: Darlene Soto; telephone:

(202)720-0542. Persons with disabilities who require alternative means for communications (Braille, large print, audio tape, etc.) should contact the USDA Target Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Background The TTP regulations are specified in 7 CFR part 1463. TTP was authorized by Title VI of the American Jobs Creation Act of 2004 (Pub. L. 108-357). Title VI is also known as FETRA (7 U.S.C. 518-519a). FETRA repeals the tobacco marketing quota and related price support programs authorized by Title III of the Agricultural Adjustment Act of 1938 and by the Agricultural Act of 1949, and provides for payments to persons who were owners of farms with tobacco quotas (referred to as tobacco quota holders), or who were producers of quota tobacco. The payments end in calendar year 2014. As specified in FETRA, TTPP uses funds from assessments collected quarterly on domestic tobacco manufacturers and importers (also referred to here as “entities”) to make the payments referred to above. Administrative support for the assessment portion of TTP will end in March 2016. Therefore, CCC needs to clarify a few final procedures and dates for the orderly close-out of the program. This rule clarifies administrative issues about how assessments and appeals will be handled after FY 2014. Specifically: • Procedures and dates for issuance of final revised, or “trued,” quarterly assessment revisions; • When supporting documents are required for administrative appeals filed after FY 2014; • Final dates for filing appeals; and • When final CCC decisions on appeals will take place. All the changes in this rule are administrative in nature; the basic procedures for assessments and appeals are not changing with this rule. This rule simply amends the regulations to specify the final dates for appeals and submission of supporting documents for appeals, and the final appeals procedures, including clarifying the address to which appeals and supporting documents must be sent. Those final dates and procedures will be added to 7 CFR 1463.11, “Appeals and Judicial Review.” The dates and procedures for final revisions to the assessments are clarified in this document, but do not require any change to the regulations. Additional clarifying information about final assessment procedures and other actions for the close-out of TTPP was provided in a notice published in the **Federal Register** on August 2, 2013 [78 FR 46905]. Issuance of Final Revised, or “Trued,” Quarterly Assessment Revisions After the end of each fiscal year, CCC requests tobacco import and tax data from the U.S. Department of Treasury's Alcohol and Tobacco Tax and Trade Bureau, and the U.S. Department of Homeland Security's Customs and Border Protection. CCC uses this data to determine any errors or omissions in the data it used to calculate the TTP assessments, identify and assess non-reporting entities, finalize the payments to tobacco quota holders or persons who were producers of quota tobacco, and compute the borrowed daily net interest amount. CCC then determines any necessary changes to entities' market shares for all four quarters of the fiscal year and issues final revised, or “trued,” assessments. The revisions are typically issued on June 1 after a given fiscal year. For example, FY 2014's final revised, or “trued,” assessments will be issued on June 1, 2015. Occasionally, a second assessment revision, i.e., a revision of what has been referred to here as the “final revised” assessment, is needed, due to data updates or reporting errors. For FY 2005-2010, second assessment revisions, or “second trued” assessments, have already been calculated and issued to all entities, taking into account reporting errors which required correction. Assessments for FY2011-FY2014 may require a “second trued” assessment. If necessary, CCC will make any necessary revisions for all ten fiscal years and issue revised assessments on or before December 1, 2015. After that date, there will be no revised assessments for any fiscal years issued. Final Appeals Documentation Required Within 30 Days As specified in 7 CFR 1463.11, entities have 30 business days after receiving notice of an assessment or other decision, to submit a written statement appealing that determination, including any dispute about the amount of the determination. That is not changing with this rule. However, the previous version of the regulation did not specify a timeframe within which entities are required to provide supporting documentation to CCC to support an appeal. Accordingly, this rule amends 7 CFR 1463.11 to clarify that for appeals filed after October 1, 2014, appellants have 30 calendar days after submission of the written statement of appeal to CCC to provide any supporting documentation to CCC. Any documents received after that time will not be considered by the hearing officer. This clarification is necessary for an orderly end to the program. This 30 calendar day window to provide supporting documentation only applies to appeals made after October 1, 2014, regardless of the date of the relevant assessment. For example, if CCC issues an entity its March 2014 final revised, or “trued” assessment, on June 1, 2015, and that entity files an appeal of that trued assessment with CCC on July 10, 2015, then that entity will have 30 calendar days thereafter—or until August 9, 2015—to provide any supporting documentation, either as requested by CCC or as the company deems relevant. In all cases, CCC will render an administrative determination within 30 calendar days after receiving the supporting documentation. In the event CCC has not rendered a decision in such time, all administrative remedies available to the appellant will be deemed to be exhausted. In this example, CCC would make a ruling on the appeal by September 8, 2015. Appeals must be submitted to the address specified in 7 CFR 1463.11(a), which is clarified in this rule to provide the current room number of the TTPP staff. Final Dates for All Appeals This rule amends 7 CFR 1463.11 to specify the final dates for appeals and other actions. It specifies that the final date that entities may file an administrative appeal is January 14, 2016; that is 30 business days after CCC will issue any last revised assessments. Notice and Comment These regulations are exempt from the notice and comment requirements of the Administrative Procedure Act (5 U.S.C. 553), as specified in section 642(b) of FETRA (Pub. L. 108-357), which requires that the regulations are to be promulgated without regard to the notice and comment provisions of 5 U.S.C. 553 or the Statement of Policy of the Secretary of Agriculture effective July 24, 1971, (36 FR 13804) relating to notice and comment rulemaking and public participation in rulemaking. These regulations are therefore issued as final. Executive Order 12866 and 13563 Executive Order 12866, “Regulatory Planning and Review,” and Executive Order 13563, “Improving Regulation and Regulatory Review,” 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 emphasized the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This rule is a technical amendment, which is administrative in nature and is not expected to have costs or benefits. This technical amendment did not require Office of Management and Budget

(OMB)designation under Executive Order 12866, “Regulatory Planning and Review,” and therefore OMB has not reviewed this rule. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to the notice and comment rulemaking requirements under the Administrative Procedure Act (5 U.S.C. 553) or any other statute, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule is not subject to the Regulatory Flexibility Act because CCC is not required by any law to publish a proposed rule for public comments on this rule. Environmental Review The environmental impacts of this final rule have been considered in a manner consistent with the provisions of the National Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and the FSA regulations for compliance with NEPA (7 CFR part 799). FSA has determined that the provisions identified in this final rule are administrative in nature, intended to ensure the orderly close-out of the program, and do not constitute a major Federal action that would significantly affect the quality of the human environment, individually or cumulatively. Therefore, FSA will not prepare an environmental assessment or environmental impact statement. Executive Order 12372 Executive Order 12372, “Intergovernmental Review of Federal Programs,” requires consultation with State and local officials. The objectives of the Executive Order are to foster an intergovernmental partnership and a strengthened Federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal Financial assistance and direct Federal development. For reasons specified in the Notice to 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), the programs and activities within this rule are excluded from the scope of Executive Order 12372 which requires intergovernmental consultation with State and local officials. Executive Order 12988 This rule has been reviewed under Executive Order 12988, “Civil Justice Reform.” This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule. The rule will not have retroactive effect. Executive Order 13132 This rule has been reviewed under Executive Order 13132, “Federalism.” The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government, except as required by law. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Executive Order 13175 This rule has been reviewed for compliance with Executive Order 13175, “Consultation and Coordination With Indian Tribal Governments.” This Executive Order imposes requirements on the development of regulatory policies that have Tribal implications or preempt Tribal laws. The policies contained in this rule do not preempt Tribal law. The policies contained in this rule do not, to our knowledge, impose substantial unreimbursed direct compliance costs on Indian Tribal governments, have Tribal implications, or preempt Tribal law. USDA continues to consult with Tribal officials to have a meaningful consultation and collaboration on the development and strengthening of USDA regulations. USDA will respond in a timely and meaningful manner to all Tribal government requests for consultation concerning this rule and will provide additional venues, such as Webinars and teleconferences, to periodically host collaborative conversations with Tribal leaders and their representatives concerning ways to improve this rule in Indian country. The Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 104-4) requires Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments or the private sector. Agencies generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local, or Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates, as defined in Title II of UMRA, for State, local, and Tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) This rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act of 1996, (Pub. L. 104-121, SBREFA). Therefore, CCC is not required to delay the effective date for 60 days from the date of publication to allow for Congressional review. Accordingly, this rule is effective on the date of publication in the **Federal Register** . Federal Assistance Programs The title and number of the Federal Domestic Assistance Program found in the Catalog of Federal Domestic Assistance to which this rule applies is Tobacco Transition Payment Program —10.085. Paperwork Reduction Act These regulations are exempt from the requirements of the Paperwork Reduction Act (44 U.S.C. Chapter 35), as specified in section 642 of Public Law 108-357 (7 U.S.C. 519a), which provides that these regulations, which are necessary to implement TTPP, be promulgated and administered without regard to the Paperwork Reduction Act. E-Government Act Compliance CCC 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. List of Subjects in 7 CFR Part 1463 Agriculture, Agricultural commodities, Acreage allotments, Marketing quotas, Price support programs, Tobacco, Tobacco transition payments. For the reasons discussed in the preamble, CCC amends 7 CFR part 1463 as follows: PART 1463—2005-2014 TOBACCO TRANSITION PROGRAM 1. The authority citation for part 1463 continues to read as follows: Authority: 7 U.S.C. 518-519a, 714b, and 714c. Subpart A—Tobacco Transition Assessments 2. Amend § 1463.11 by revising paragraphs

(a)and

(c)to read as follows: § 1463.11 Appeals and judicial review.

(a)An entity may appeal any adverse determination made under this subpart, including with respect to the amount of the assessment, by submitting a written statement that sets forth the basis of the dispute to Darlene Soto, Tobacco Transition Assessment Program Manager, U.S. Department of Agriculture, 1400 Independence Avenue SW., Room 3722, Mail Stop 0515, Washington DC 20250-0514, within 30 business days of the date of receipt of the notification by CCC of its determination.

(c)For any appeals filed after October 1, 2014, appellants must submit all supporting documentation within 30 calendar days following the date of the initial written appeal to CCC. Any documents received after that time will not be considered by the hearing officer.

(1)The final date that entities may file an appeal is January 14, 2016.

(2)If 30 calendar days elapse following receipt by CCC of the final submission of supporting documentation by an appellant with respect to any appeal filed under this section regarding an assessment imposed on a domestic manufacturer or importer of tobacco products, without a final administrative decision by CCC, then all administrative remedies available to the appellant will be deemed to be exhausted; except, if the 30th calendar day would fall on a weekend day or federal holiday, then the 30th calendar day will be deemed the next business day following such weekend day or federal holiday. Signed on April 3, 2014. Juan M. Garcia, Administrator, Farm Service Agency, and Executive Vice President, Commodity Credit Corporation. [FR Doc. 2014-07979 Filed 4-8-14; 8:45 am]

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