Unknown. Interim rule and request for comments
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/register/2014/06/03/2014-12589A 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-2014-06-03.xml --- 79 106 Tuesday, June 3, 2014 Contents Agricultural Marketing Agricultural Marketing Service RULES National Sheep Industry Improvement Center, 31843-31845 2014-12589 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 31916 2014-12723 Coast Guard Coast Guard RULES Drawbridge Operations: Tennessee River, Decatur, AL, 31865 2014-12812 Safety Zones: Cincinnati Reds Fireworks Displays Ohio River, Mile 470.1-470.4, Cincinnati, OH, 31868-31870 2014-12822 Cincinnati Symphony Orchestra Fireworks Displays Ohio River, Mile 460.9-461.3; Cincinnati, OH, 31865-31868 2014-12817 PROPOSED RULES Safety Zones: Escape to Miami Triathlon, Biscayne Bay, Miami, FL, 31895-31898 2014-12809 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Foreign National Visitor and Guest Access Program, 31919-31920 2014-12776 Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Extension of Certification of Maintenance of Effort for the Title III and the Certification of Long-Term Care Ombudsman Program Expenditures, 31943 2014-12803 Consumer Product Consumer Product Safety Commission NOTICES Meetings: Zen Magnets, LLC, and Star Networks USA, LLC;
Telephonic Prehearing Conference, 31921 2014-12666 Copyright Office Copyright Office, Library of Congress NOTICES Meetings: Verification of Statements of Account Submitted by Cable Operators and Satellite Carriers, 31992-31995 2014-12755 Defense Department Defense Department NOTICES Charter Renewals: Federal Advisory Committees, 31921-31922 2014-12828 Defense Nuclear Defense Nuclear Facilities Safety Board RULES FOIA Fee Schedule Update, 31848 2014-12762 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances;
Applications: Wildlife Laboratories, 31985-31986 2014-12792 Importers of Controlled Substances; Applications: Alltech Associates, Inc., 31986 2014-12793 Importers of Controlled Substances; Registrations: Hospira, 31986 2014-12795 Manufacturers of Controlled Substances; Applications: Mallinckrodt, LLC., St. Louis, MO, 31986-31987 2014-12794 Pharmacore, Inc., 31987 2014-12797 Manufacturers of Controlled Substances; Registrations: Cody Laboratories, Inc., 31987 2014-12799 SIEGFRIED,
(USA)LLC, 31988 2014-12796 Education Department Education Department RULES Final Priorities: Centers for International Business Education Program, 31870-31873 2014-12847 PROPOSED RULES National Institute on Disability and Rehabilitation Research: Research Fellowships Program, Also Known as the Mary E. Switzer Research Fellowships; Priority, 31898-31901 2014-12844 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 31922-31923 2014-12735 Funding Down the Grant Slate from FY 2012: Graduate Assistance in Areas of National Need Program, 31923 2014-12842 New Awards Applications: Centers for International Business Education Program, 31923-31928 2014-12848 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Target Date Disclosure, 31893-31895 2014-12667 Employment and Training Employment and Training Administration NOTICES Funding Availability: Disability Employment Initiative Grants, 31990 2014-12784 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program for Consumer Products: Walk-in Coolers and Freezers; Energy Conservation Standards, 32050-32124 2014-11489 PROPOSED RULES Energy Conservation Program: Test Procedures for Integrated Light-Emitting Diode Lamps, 32020-32048 2014-12127 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31928-31929 2014-12800 Establishment of the Commission to Review the Effectiveness of the National Energy Laboratories, 31929-31930 2014-12801 Environmental Protection Environmental Protection Agency PROPOSED RULES Gaseous HCl Continuous Emission Monitoring Systems at Stationary Sources: Performance Specification 18; Specifications and Test Procedures, 31901 2014-12798 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31938-31939 2014-12785 Farm Service Farm Service Agency RULES Intermediary Relending Program, 31845-31848 2014-12633 PROPOSED RULES Intermediary Relending Program, 31884-31886 2014-12632 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Agusta S.p.A Helicopters (Type certificate currently held by AgustaWestland S.p.A) (Agusta), 31857-31859 2014-12719 Airbus Helicopters (Previously Eurocopter France) (Airbus Helicopters) Helicopters, 31855-31857 2014-12717 Airplanes Originally Manufactured by Lockheed for the Military as Model P-3A and P3A Airplanes, 31849-31851 2014-12606 The Boeing Company Airplanes, 31851-31855 2014-12650 PROPOSED RULES Airworthiness Directives: Piper Aircraft, Inc. Airplanes, 31888-31891 2014-12780 Special Conditions: Bombardier Aerospace, Models BD-500-1A10 and BD-500-1A11 Series Airplanes; Tire Debris Impacts to Fuel Tanks, 31886-31888 2014-12691 Federal Communications Federal Communications Commission RULES Reform of Rules and Policies on Foreign Carrier Entry Into the U.S. Telecommunications Market, 31873-31877 2014-12826 Schedule of Application Fees; Correction, 31873 2014-12805 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 31930-31938 2014-12710 2014-12711 2014-12712 2014-12713 2014-12714 2014-12715 2014-12716 2014-12789 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highways in Colorado, 32012-32014 2014-12611 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 32014 2014-13000 Qualification of Drivers; Exemption Applications: Epilepsy and Seizure Disorders, 32014-32016 2014-12790 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32016-32017 2014-12827 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 31939 2014-12783 Federal Trade Federal Trade Commission PROPOSED RULES Automotive Trade Ratings, Certification and Posting, 31891-31892 2014-12759 NOTICES Proposed Consent Agreements: Lornamead, Inc., 31939-31941 2014-12734 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Ivesia webberi; Critical Habitat Designation, 32126-32155 2014-12629 Ivesia webberi; Threatened Species Status, 31878-31883 2014-12627 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Bi-State Distinct Population Segment of Greater Sage-Grouse; Critical Habitat Designation; Extension of Comment Period, 31901-31907 2014-12858 NOTICES Endangered Species Recovery Permit Applications, 31977-31978 2014-12839 Meetings: North American Wetlands Conservation Council, 31978-31979 2014-12782 Food and Drug Food and Drug Administration RULES Medical Devices; General and Plastic Surgery Devices: Classification of the Powered Surgical Instrument for Improvement in the Appearance of Cellulite, 31859-31861 2014-12814 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Channels of Trade Policy for Commodities with Residues of Pesticide Chemicals, for which Tolerances have been Revoked, etc., 31944-31946 2014-12819 Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements, 31944 2014-12818 Guide to Minimize Microbial Food Safety Hazards of Fresh-Cut Fruits and Vegetables, 31943 2014-12815 Pet Event Tracking Network; State, Federal Cooperation to Prevent Spread of Pet Food Related Diseases, 31949 2014-12813 Third Party Disclosure and Recordkeeping Requirements for Reportable Food, 31946-31948 2014-12823 United States Processors that Export to the European Community, 31943-31944 2014-12816 Compliance Policy Guides: Food Facility Registration, Human and Animal Food, 31949 2014-12786 Draft Guidance for Industry: Product Development under the Animal Rule, 31950-31951 2014-12807 Regulatory Review Periods for Patent Extensions: XIAFLEX, 31951-31952 2014-12808 Forest Forest Service NOTICES Meetings: Bridger-Teton Resource Advisory Committee, 31917-31918 2014-12674 Colville Resource Advisory Committee, 31918 2014-12787 Kern and Tulare Counties Resource Advisory Committee, 31918-31919 2014-12671 Nicolet Resource Advisory Committee, 31916-31917 2014-12788 Health and Human Health and Human Services Department See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Statements of Organization, Functions, and Delegations of Authority: Office of the National Coordinator for Health Information Technology, 31941-31943 2014-12981 Health Resources Health Resources and Services Administration NOTICES Statements of Organization, Functions and Delegations of Authority, 31952-31956 2014-12726 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection NOTICES Privacy Act; Computer Matching Program, 31960-31961 2014-12760 2014-12766 Housing Housing and Urban Development Department RULES Manufactured Housing Constructions and Safety Standards: Reference Standard for Anti-Scald Valves, 31861-31863 2014-12731 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Jobs Plus Pilot Program, 31963-31964 2014-12729 Community Development Block Grant Disaster Recovery Funds: Second Allocation, Waivers and Alternative Requirements, 31964-31973 2014-12709 Federal Properties Suitable as Facilities to Assist the Homeless; Correction, 31973 C1--2014--11695 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission NOTICES Privacy Act; Systems of Records, 31974-31977 2014-12851 Internal Revenue Internal Revenue Service RULES Alternative Simplified Credit Election, 31863-31865 2014-12757 PROPOSED RULES Alternative Simplified Credit Election, 31892-31893 2014-12758 Minimum Essential Coverage and Other Rules Regarding the Shared Responsibility Payment for Individuals; Correction, 31893 2014-12754 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Investigations; Results, Extensions, Amendments, etc.: Sugar from Mexico, 31920-31921 2014-12849 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 31981-31983 2014-12750 Investigations; Determinations, Modifications, and Ruling, etc.: Frontseating Service Valves from China, 31983 2014-12657 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31983-31984 2014-12753 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Immigration Practitioner Complaint Form, 31984 2014-12820 Tobacco Inventory Report and Direct Sales Report, 31985 2014-12821 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Labor Statistics Bureau See Mine Safety and Health Administration NOTICES Transitional Worker Programs: Commonwealth of the Northern Mariana Islands; Extension, 31988-31990 2014-12607 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31990-31991 2014-12722 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31979-31980 2014-12802 Meetings: Twin Falls Distric Resource Advisory Council, ID, 31980 2014-12673 Oil and Gas Lease Sales: 2014 National Petroleum Reserve in Alaska; Call for Nominations, 31980 2014-12804 Plats of Survey: New Mexico, 31980-31981 2014-12778 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 31991-31992 2014-12905 Library Library of Congress See Copyright Office, Library of Congress Mine Mine Safety and Health Administration PROPOSED RULES Refuge Alternatives for Underground Coal Mines, 31895 2014-12749 National Indian National Indian Gaming Commission NOTICES Final Fee Rate and Fingerprint Fees, 31981 2014-12767 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 31956-31957 2014-12743 2014-12745 National Center for Complementary and Alternative Medicine, 31957 2014-12748 National Institute on Deafness and Other Communication Disorders, 31957-31958 2014-12747 National Institute on Drug Abuse, 31958 2014-12744 Office of the Director, 31958 2014-12662 National Labor National Labor Relations Board NOTICES Meetings; Sunshine Act, 31995 2014-12864 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region; Amendment 8, 31907-31914 2014-12655 Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands Management Area; Amendment 106, 31914-31915 2014-12829 Rural Business Rural Business-Cooperative Service RULES Intermediary Relending Program, 31845-31848 2014-12633 PROPOSED RULES Intermediary Relending Program, 31884-31886 2014-12632 Rural Housing Service Rural Housing Service RULES Intermediary Relending Program, 31845-31848 2014-12633 PROPOSED RULES Intermediary Relending Program, 31884-31886 2014-12632 Rural Utilities Rural Utilities Service RULES Intermediary Relending Program, 31845-31848 2014-12633 PROPOSED RULES Intermediary Relending Program, 31884-31886 2014-12632 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31995-31997 2014-12773 2014-12774 2014-12775 Meetings; Sunshine Act, 31997-31998 2014-12891 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 32008 2014-12770 Financial Industry Regulatory Authority, Inc., 32003-32008 2014-12771 NYSE Arca, Inc., 32008-32009 2014-12768 The Options Clearing Corp., 31998-32003, 32009-32011 2014-12769 2014-12772 Small Business Small Business Administration RULES Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation; Correction, 31848-31849 2014-12609 NOTICES Disaster Declarations: Indiana; Amendment 1, 32011 2014-12752 Meetings: National Small Business Development Center Advisory Board, 32011 2014-12751 State Department State Department NOTICES Determinations; Iran Sanctions, 32011 2014-12811 Substance Substance Abuse and Mental Health Services Administration NOTICES Certified Laboratories and Instrumented Initial Testing Facilities: Urine Drug Testing for Federal Agencies, 31958-31960 2014-12777 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits: Week Ending May 17, 2014, 32012 2014-12806 Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits; Applications, 32011-32012 2014-12791 Treasury Treasury Department See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Dominican Republic-Central America-United States Free Trade Agreement, 31962 2014-12764 Notice of Detention, 31962-31963 2014-12761 Separate Parts In This Issue Part II Energy Department, 32020-32048 2014-12127 Part III Energy Department, 32050-32124 2014-11489 Part IV Interior Department, Fish and Wildlife Service, 32126-32155 2014-12629 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. 79 106 Tuesday, June 3, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 63 [Doc. No. AMS-LPS-14-0028] National Sheep Industry Improvement Center AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: As provided under the Agriculture Act of 2014 (2014 Farm Bill), the Agricultural Marketing Service
(AMS)is amending the National Sheep Industry Improvement Center (NSIIC) regulations. This interim rule redesignates the statutory authority from section 375 of the Consolidated Farm and Rural Development Act to the Agricultural Marketing Act of 1946, amends the definition of the Act in the regulations consistent with the redesignated statutory authority, and amends the regulations by increasing the administrative cap for the use of the fund from 3 percent to 10 percent. DATES: *Effective Date:* This interim rule is effective June 4, 2014. *Comment Date:* Written comments on the regulatory provisions of this interim rule must be received by July 3, 2014. ADDRESSES: Interested persons are invited to submit comments concerning this interim rule. Comments must be posted on *http://www.regulations.gov;* or sent to Kenneth R. Payne, Director, Research and Promotion Division, Livestock, Poultry and Seed Program, AM, USDA, Room 2608-S, STOP 0251, 1400 Independence Avenue SW., Washington, DC 20250-0251; via Fax to 202/720-1125; or email to *Kenneth.Payne@ams.usda.gov.* All comments should reference the document number (AMS-LPS-14-0028) and the volume, date, and page number of this issue of the **Federal Register** and will be made available for public inspection at the aforementioned address during regular business hours or 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: Kenneth R. Payne, Director, Research and Promotion Division, Livestock, Poultry and Seed Program; Telephone 202/720-5705; Fax: 202/720-1125; or email *Kenneth.Payne@ams.usda.gov.* SUPPLEMENTARY INFORMATION: As provided under the 2014 Farm Bill, this interim rule redesignates the statutory authority for the program from section 375 (7 U.S.C. 2008j) of the Consolidated Farm and Rural Development Act to section 210 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627). In addition, the definition of “Act” is amended under section 63.1 to be consistent with the redesignated statutory authority, and amends the regulations by increasing the administrative cap for the use of the fund from 3 percent to 10 percent. 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 of Executive Order 12866. Accordingly, the Office of Management and Budget
(OMB)has waived the review process. Executive Order 13175 This interim final rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this interim final rule would not have substantial and direct effects on Tribal Governments and would not have significant tribal implications. Executive Order 12988 This interim final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have a retroactive effect. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Executive Order 13132 This interim rule has been reviewed under Executive Order 13132, Federalism, and has been determined that this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. The provisions contained in this rule would not have a substantial direct effect on States or their political subdivisions or on the distribution of power and responsibilities among the various levels of government. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), the agency is required to examine the impact of regulatory actions on small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. Pursuant to the requirements set forth in the RFA, AMS has considered the economic effect of this action on small entities and has determined that this final rule will not have a significant impact on a substantial number of small entities. The purpose of the RFA is to fit regulatory action to the scale of businesses subject to such action in order that small businesses will not be unduly burdened. The U.S. Department of Agriculture's (USDA), National Agricultural Statistics Service's February 2013 publication of “Farms, Land in Farms, and Livestock Operations” estimated that in 2012 the number of operations in the United States with sheep and goats totaled approximately 79,500 and 149,500, respectively and would be classified as small entities. The Small Business Administration defines, in 13 CFR 121, small agricultural producers as those having annual receipts of no more than $750,000, and small agricultural service firms as those having annual receipts of no more than $7 million. Under these definitions, the majority of the producers that will be affected by this rule are considered small entities. The purpose of NSIIC is to:
(1)Promote strategic development activities and collaborative efforts by private and State entities to maximize the impact of Federal assistance to strengthen and enhance the production and marketing of sheep or goat products in the United States;
(2)Optimize the use of available human capital and resources within the sheep or goat industries;
(3)Provide assistance to meet the needs of the sheep or goat industry for infrastructure development, business development, production, resource development, and market and environmental research;
(4)Advance activities that empower and build the capacity of the U.S. sheep or goat industry to design unique responses to the special needs of the sheep or goat industries on both a regional and national basis; and
(5)Adopt flexible and innovative approaches to solving the long-term needs of the United States sheep or goat industry. A Board of Directors (Board) manages and is responsible for the general supervision of the structure of the NSIIC, with oversight from USDA. The Board is comprised of seven voting members, of whom four would be active producers of sheep or goats in the United States, two would have expertise in finance and management, and one would have expertise in lamb, wool, goat, or goat product marketing. The Secretary of Agriculture (Secretary) appoints the voting members from nominations submitted by eligible organizations. There are also two non-voting members on the Board, the Under Secretary of Agriculture for Marketing and Regulatory Programs and the Under Secretary of Agriculture for Research, Education, and Economics. As provided under the 2014 Farm Bill, AMS is amending NSIIC regulations at 7 CFR part 63. This interim rule redesignates
(1)the statutory authority from section 375 (7 U.S.C. 2008j) of the Consolidated Farm and Rural Development Act to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627),
(2)amends the definition of the Act under section 63.1 consistent with the redesignated statutory authority, and
(3)amends the regulations by increasing the administrative cap for the use of the fund from 3 percent to 10 percent. Accordingly, AMS has considered the economic impact of this rule on small entities. AMS has determined that this rule will not have a significant economic impact on a substantial number of small entities as defined in the RFA. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995
(PRA)(44 U.S.C. Chapter 35), the reporting and recordkeeping requirements included in 7 CFR part 63 were previously approved by OMB and were assigned control number 0581-0093. No additions have been made to the PRA. Background Information The NSIIC was initially authorized under the Consolidated Farm and Rural Development Act (Act). The Act, as amended, was passed as part of the 1996 Farm Bill (Pub. Law 104-127). The initial legislation included a provision that privatized the NSIIC 10 years after its ratification or once the full appropriation of $50 million was disbursed. Subsequently, the NSIIC was privatized on September 30, 2006 (72 FR 28945). In 2008, the NSIIC was re-established under Title XI of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246), also known as the 2008 Farm Bill. Section 11009 of the 2008 Farm Bill repealed the requirement in section 375(e)(6) of the Act to privatize the NSIIC. Additionally, the 2008 Farm Bill provided for $1,000,000 in mandatory funding for fiscal year 2008 from the Commodity Credit Corporation for the NSIIC to remain available until expended, as well as authorization for appropriations in the amount of $10 million for each of fiscal years 2008 through 2012. In July 2010, USDA promulgated rules and regulations establishing the NSIIC, consistent with the Food, Conservation, and Energy Act of 2008 (75 FR 43031). The rule established the NSIIC and a Board that will manage and be responsible for the general supervision of the activities of the NSIIC, with oversight from the USDA. The NSIIC is authorized to use funds to make grants to eligible entities in accordance with a strategic plan. The authorizing legislation established in the United States Department of the Treasury (Treasury) the NSIIC Revolving Fund (Fund). The Fund was available to the NSIIC, without fiscal year limitation, to carry out the authorized programs and activities of the NSIIC. The law provides authority for amounts in the Fund to be used for direct loans, loan guarantees, cooperative agreements, equity interests, investments, repayable grants, and grants to eligible entities, either directly or through an intermediary, in accordance with a strategic plan submitted by the NSIIC to the Secretary. In accordance with the 2014 Farm Bill, AMS is amending the National Sheep Industry Improvement Center regulations at 7 CFR part 63 as provided for herein. The management of the NSIIC is vested in a Board that is appointed by the Secretary. The Secretary reviews and monitors compliance of the Board as provided under the Act and rules and regulations. The Board is composed of seven voting members, of whom four would be active producers of sheep or goats in the United States, two would have expertise in finance and management, and one would have expertise in lamb, wool, goat, or goat product marketing. The Board also includes two non-voting members, the Under Secretary of Agriculture for Marketing and Regulatory Programs and the Under Secretary of Agriculture for Research, Education, and Economics. The Secretary appoints the voting members from nominations submitted by eligible organizations. A member's term of office shall be 3 years with a maximum of two terms. Board members initially served staggered terms of 1, 2, or 3 years, as determined by the Secretary. Only national organizations that
(1)consist primarily of active sheep or goat producers in the United States and
(2)have the primary interest of sheep or goat production in the United States can make nominations to the Board. The Board meets not less than once each fiscal year. Board members do not receive compensation for serving on the Board, but are reimbursed for travel, subsistence, and other necessary expenses. The Board is responsible for general supervision of the NSIIC; review of any contract and grant to be made or entered into by the NSIIC and any financial assistance provided to the NSIIC; making final decision—by majority vote—on whether or not to provide grants to an eligible entity; and developing and establishing a budget plan and long-term operating plan to carry out the goals of the NSIIC. The authorizing legislation establishes in the United States Treasury, the NSIIC Fund. The Fund is available to the NSIIC, without fiscal year limitation, to carry out the authorized programs and activities of the NSIIC. The law provides authority for amounts in the Fund to be used to carry out authorized program activities of the NSIIC. The current program authorizes a grant-only program administered by the NSIIC Board. Based on funding, the Board announces that proposals may be submitted to the Board for consideration from eligible entities. The Board determines how funds are allocated. Proposals submitted to the Board must be consistent with the purpose of the NSIIC. Discussion of Interim Regulatory Text As provided under 2014 Farm Bill, the AMS is amending the National Sheep Industry Improvement Center regulations at 7 CFR Part 63. This interim rule redesignates
(1)the statutory authority from section 375 (7 U.S.C. 2008j) of the Consolidated Farm and Rural Development Act to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627),
(2)amends the definition of the Act under section 63.1 consistent with the redesignated statutory authority, and
(3)amends the regulations by increasing the administrative cap for the use of the funds from 3 percent to 10 percent. Pursuant to 5 U.S.C. 553, it is found and determined upon good cause that it is impracticable 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)These changes need to be in effect as soon as possible because the next available funding opportunities are scheduled to begin in July; and
(2)the amendments are necessary to implement provision under the 2014 Farm Bill. For these same reasons a 30-day comment period is deemed appropriate. List of Subjects in 7 CFR Part 63 Administrative practice and procedure, Advertising, Lamb and lamb products, Goat and goat products, Consumer information, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, Chapter I of Title 7 of the Code of Federal Regulations is amended as follows: PART 63—NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER 1. Revise the authority for part 63 to read as follows: Authority: 7 U.S.C. 1621-1627. 2. Revise § 63.1, Act, to read as follows: § 63.1 Act. *Act* means the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627). 3. In § 63.301 revise paragraph (a)(6) to read as follows: § 63.301 Use of Fund.
(a)* * *
(6)For administration purposes, with a maximum 10 percent of the NSIIC Fund balance at the beginning of each fiscal year for the administration of the NSIIC; Dated: May 27, 2014. Rex A. Barnes, Associate Administrator. [FR Doc. 2014-12589 Filed 6-2-14; 8:45 am]
Connectionstraces to 7
6 references not yet in our index
- 7 CFR 63
- 7 USC 1621-1627
- 5 USC 601-612
- 13 CFR 121
- Pub. L. 104-127
- Pub. L. 110-246
Citation graph
cites case law
Unknown
Interim rule and request for comments
Cite7 CFR 63
Cite7 USC 1621-1627
Cite5 USC 601-612
Cite13 CFR 121
Pub. L.Pub. L. 104-127
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