Unknown. Final rule
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/register/2014/06/05/2014-13007A 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-2014-06-05.xml --- 79 108 Thursday, June 5, 2014 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Food Safety and Inspection Service See Forest Service NOTICES Meetings: Beginning Farmers and Ranchers Advisory Committee, 32528 2014-13033 Air Force Air Force Department NOTICES Intent to Grant an Exclusive Patent License: Massachusetts Institute of Technology, 32537 2014-13036 Animal Animal and Plant Health Inspection Service RULES Importation Authorizations:
Female Squash Flowers from Israel, 32433-32434 2014-13007 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Category of Plants for Planting Not Authorized for Importation Pending Pest Risk Analysis, 32529 2014-13009 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings: Access Board, 32530 2014-13011 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Census Bureau Census Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Annual Survey of Manufactures, 32530-32532 2014-13010 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Privacy Act; Systems of Records, 32547-32550 2014-13012 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32550 2014-13043 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Low Income Home Energy Assistance Program Performance Measures, 32550-32552 2014-13031 Coast Guard Coast Guard RULES Safety Zones:
Allegheny River, Pittsburgh, PA, 32484-32486 2014-13140 Independence Day Fireworks, Kings Beach, CA, 32487 2014-13142 Milwaukee Harbor, Milwaukee, WI, 32486-32487 2014-13147 Monongahela River; Pittsburgh, PA, 32482-32484 2014-13148 NOTICES Waterway Suitability Assessment for Liquefied Hazardous Gas Facilities: Freeport, TX, 32565-32566 2014-13145 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 32530 2014-13021 Commodity Credit Commodity Credit Corporation RULES Conservation Reserve Program, Transition Incentives Program; Continuation, 32435-32436 2014-13085 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Service Contract Reporting, 32522-32525 2014-12810 Defense Department Defense Department See Air Force Department See Defense Acquisition Regulations System NOTICES Charter Renewals:
Department of Defense Federal Advisory Committees, 32535-32536 2014-12997 Meetings: Federal Advisory Committee Independent Review Panel; Military Medical Construction Standards, 32536-32537 2014-13013 Drug Drug Enforcement Administration NOTICES Controlled Substances: 2014 Established Aggregate Production Quotas for 10 Temporarily Controlled Synthetic Cathinones, 32573-32574 2014-13082 Education Department Education Department RULES Disability and Rehabilitation Research Projects and Centers Program:
National Institute on Disability and Rehabilitation Research; Rehabilitation Engineering Research Centers; Priorities, 32487-32490 2014-13095 NOTICES Requests for Applications: Awards for Fiscal Year 2014; National Institute on Disability and Rehabilitation Research--Rehabilitation Engineering Research Centers, 32537-32542 2014-13096 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32542 2014-13049 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Physical Characterizations:
Grid-Connected Commercial and Residential Buildings End-Use Equipment and Appliances, 32542-32543 2014-13051 Environmental Protection Environmental Protection Agency RULES National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List; Harbor Oil Superfund Site; Deletion, 32490-32491 2014-13059 PROPOSED RULES Environmental Radiation Protection Standards for Nuclear Power Operations, 32521-32522 2014-12953 Managing Emissions: Oil and Natural Gas Production in Indian Country, 32502-32521 2014-12951 NOTICES Amendment of PeoplePlus, 32543-32546 2014-13058 Farm Credit Farm Credit Administration NOTICES Meetings;
Sunshine Act, 32546 2014-13268 Federal Aviation Federal Aviation Administration RULES Amendment of Class E Airspace: Elkin, NC, 32441 2014-12686 Newnan, GA, 32440 2014-12675 PROPOSED RULES Airworthiness Directives: Pratt and Whitney Division Turbofan Engines, 32500-32502 2014-13024 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 32546 2014-13219 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application for Participation in the National Flood Insurance Program, 32566 2014-13090 Debt Collection Financial Statement, 32569 2014-13138 Exemption of State-Owned Properties under Self-Insurance Plan, 32568 2014-13110 Property Acquisition and Relocation for Open Space, 32566-32568 2014-13093 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings: Appraisal Subcommittee, 32546 2014-13032 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 32602-32605 2014-13055 2014-13056 Federal Motor Federal Motor Carrier Safety Administration RULES Guidance for Industry and Staff: Motor Carrier Management Information System Changes to Improve Uniformity in Treatment of Inspection Violation Data, 32491-32496 2014-13022 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Formations of, Acquisitions by, and Mergers of Bank Holding Companies; Correction, 32547 2014-13040 Food and Drug Food and Drug Administration RULES Food and Drug Administration Safety and Innovation Act:
List of Qualifying Pathogens, 32464-32481 2014-13023 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Focus Groups as Used by the Food and Drug Administration, 32555-32556 2014-13016 General Administrative Procedures; Citizen Petitions; Petition for Reconsideration or Stay of Action; Advisory Opinions, 32552-32554 2014-13037 Prescription Drug Advertisements, 32554-32555 2014-13015 Temporary Marketing Permit Applications, 32556-32557 2014-13041 Food Safety Food Safety and Inspection Service RULES Guidance for Industry and Staff:
Salmonella Verification Sampling Program; Analysis of Raw Beef for Shiga Toxin-Producing Escherichia coli and Salmonella, 32436-32440 2014-13064 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 32606-32607 2014-13052 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: Flextronics America, LLC (Automated Data Processing Machines); Foreign-Trade Zone 183, Austin, TX, 32532-32533 2014-13083 ModusLink Global Solutions (Camera and Accessories Kitting);
Foreign-Trade Zone 244, Riverside County, Riverside, CA, 32532 2014-13086 Forest Forest Service NOTICES Requests for Nominations: Uinta-Wasatch Cache Resource Advisory Committee; Corrections, 32529-32530 2014-13054 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Discretionary Grant Program, 32557-32558 2014-13002 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES National Environmental Policy Act Implementing Procedures, 32563-32564 2014-13035 Housing Housing and Urban Development Department NOTICES Meetings:
Manufactured Housing Consensus Committee; Teleconference, 32569-32570 2014-13089 Industry Industry and Security Bureau RULES Additions of Certain Persons to the Entity List, 32441-32449 2014-13149 Conforming Changes to the Export Administration Regulations Based on Amendments to the International Traffic in Arms Regulations, 32612-32632 2014-12151 Interior Interior Department See National Park Service See Ocean Energy Management Bureau NOTICES Environmental Impact Statements;
Availability, etc.: Deepwater Horizon Oil Spill Final Programmatic and Phase III Early Restoration Plan, 32570-32572 2014-12692 Justice Department Justice Department See Drug Enforcement Administration See Justice Programs Office NOTICES Settlements: Settlement Agreements; Clean Air Act, 32573 2014-13047 Justice Programs Justice Programs Office NOTICES Meetings: Advisory Committee of the Attorney General's Task Force on American Indian/Alaska Native Children Exposed to Violence;
Hearings, 32574-32575 2014-13062 Labor Department Labor Department See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines, 32575-32576 2014-13065 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazard Communication, 32576-32577 2014-12999 NASA National Aeronautics and Space Administration NOTICES Environmental Impact Statements;
Availability, etc.: National Environmental Policy Act; Mars 2020 Mission, 32577-32578 2014-13151 National Archives National Archives and Records Administration NOTICES Meetings: Advisory Committee on the Records of Congress, 32578 2014-13073 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: National Council on the Arts, 32578 2014-13038 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 32560 2014-13027 National Cancer Institute, 32558 2014-13099 National Cancer Institute;
Amendments, 32559 2014-13025 National Institute of Mental Health, 32559-32560 2014-13026 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Red Snapper in the Southern Atlantic States; 2014 Limited Commercial and Recreational Fishing Seasons, 32496-32497 2014-13014 South Atlantic Golden Tilefish; 2014 Recreational Accountability Measure and Closure, 32498-32499 2014-13070 South Atlantic Snowy Grouper; 2014 Recreational Accountability Measure and Closure, 32497-32498 2014-13069 Integrated Ocean Observing Systems:
Regulations to Certify and Integrate Regional Information Coordination Entities, 32449-32464 2014-13034 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Chinook Salmon Bycatch Management in the Gulf of Alaska Non-Pollock Trawl Fishery; Amendment 97, 32525-32527 2014-13066 NOTICES Meetings: Atlantic Shark Identification and Protected Species Safe Handling, Release, and Identification Workshops, 32533-32534 2014-13068 New England Fishery Management Council; Correction, 32534-32535 2014-13030 National Park National Park Service NOTICES Meetings:
Acadia National Park Advisory Commission, 32572 2014-13063 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Embedded Digital Devices in Safety-Related Systems; Revisions, 32578-32579 2014-13087 Standard Review Plans: License Applications for Fuel Cycle Facilities, 32579-32580 2014-13077 Standard Review Plans; Draft Revisions: Open Phase Conditions in Electric Power System; Electric Power; Introduction, 32580-32582 2014-13061 Ocean Energy Management Ocean Energy Management Bureau NOTICES Outer Continental Shelf Official Protraction Diagrams;
Supplemental Official Outer Continental Shelf Block Diagrams, 32572-32573 2014-13001 Personnel Personnel Management Office NOTICES Meetings: President's Commission on White House Fellowships Advisory Committee, 32582 2014-13004 Postal Service Postal Service RULES Elimination of Business Reply Mail Parcels: Deferral of Enforcement Date, 32490 2014-13042 Securities Securities and Exchange Commission NOTICES Applications: BMO Funds, Inc., et al., 32582-32586 2014-13020 Self-;Regulatory Organizations;
Proposed Rule Changes: Chicago Board Options Exchange, Inc., 32594-32599 2014-13017 Depository Trust Co., 32599-32601 2014-13018 NASDAQ Stock Market LLC, 32586-32594 2014-13019 State Department State Department RULES Visas: Documentation of Immigrants under the Immigration and Nationality Act, 32481-32482 2014-13091 NOTICES Presidential Permits: Detroit River Pipeline Facilities; Plains LPG Services, L.P., 32601-32602 2014-13092 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 32560-32563 2014-13028 2014-13029 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Foreign Assets Control Office NOTICES List of Countries Requiring Cooperation with an International Boycott, 32605 2014-12941 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Conflicting Interests Certification for Proprietary Schools, 32607-32608 2014-13076 Information from Remarried Widow(er), 32608-32609 2014-13067 Insurance Surveys, 32609 2014-13072 Lenders Staff Appraisal Reviewer Application, 32608 2014-13079 Living Will and Durable Power of Attorney for Health Care, 32609-32610 2014-13075 Separate Parts In This Issue Part II Commerce Department, Industry and Security Bureau, 32612-32632 2014-12151 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. 79 108 Thursday, June 5, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2012-0078] RIN 0579-AD72 Importation of Female Squash Flowers From Israel Into the Continental United States AGENCY:
Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the regulations governing the importation of fruits and vegetables to allow the importation of female squash flowers from Israel into the continental United States. As a condition of entry, female squash flowers from Israel will be subject to a systems approach that includes requirements for pest exclusion at the production site and fruit fly trapping and monitoring. The female squash flowers must also be accompanied by a phytosanitary certificate issued by the national plant protection organization of Israel with an additional declaration that the female squash flowers have been inspected and found free of quarantine pests.
This action will allow for the importation of female squash flowers from Israel into the continental United States while continuing to provide protection against the introduction of quarantine pests. DATES: *Effective* July 7, 2014. FOR FURTHER INFORMATION CONTACT: Mr. George Balady, Senior Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236;
(301)851-2240. SUPPLEMENTARY INFORMATION: Background The regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-67, referred to below as the regulations) prohibit or restrict the importation of fruits and vegetables into the United States from certain parts of the world to prevent the introduction and dissemination of plant pests that are new to or not widely distributed within the United States. On May 2, 2013, we published in the **Federal Register** (78 FR 25620-25623, Docket No. APHIS-2012-0078) a proposal 1 to amend the regulations by allowing the importation of female squash flowers from Israel into the continental United States under a systems approach that would include requirements for pest exclusion at the production site and fruit fly trapping and monitoring. The female squash flowers would also have to be accompanied by a phytosanitary certificate issued by the national plant protection organization
(NPPO)of Israel with an additional declaration that the female squash flowers have been inspected and found free of quarantine pests. 1 To view the proposed rule, the pest risk analysis, and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0078.* We solicited comments concerning our proposal for 60 days ending July 1, 2013. We received two comments from members of the public by that date. One commenter supported the proposed rule. One commenter opposed the proposed rule, citing no finding of a public benefit for importing female squash flowers, a potential slight decrease in the price of the commodity, and an additional cost to the U.S. Government for enforcing compliance with the regulation. Under the Plant Protection Act (7 U.S.C. 7701 *et seq.* ), the Animal and Plant Health Inspection Service (APHIS) has the authority to prohibit or restrict the importation of plants and plant products only when necessary to prevent the introduction into or dissemination of plant pests or noxious weeds within the United States. APHIS does not have the authority to restrict imports solely on the grounds of potential economic effects on domestic entities that could result from increased imports. The commenter expressed concern about the potential introduction of new pests resulting in reduced crop yields, fruit-fly-borne diseases, and increased economic and health costs associated with pesticide use. The commenter also mentioned the lack of provisions to compensate domestic farmers for the harm caused by the failure of importers of female squash flowers to comply with the proposed mitigation measures. APHIS has determined that the measures outlined in the risk management document that accompanied the proposed rule are sufficient to mitigate the risk of pests being introduced into the United States as a result of the importation of female squash flowers from Israel. The commenter did not provide any evidence that the measures would not be effective. The NPPO of Israel and APHIS will collaborate to ensure that growers and importers comply with the proposed measures, as we do in other import programs. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, without change. Executive Order 12866 and Regulatory Flexibility Act This final rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. In accordance with 5 U.S.C. 604, we have performed a final regulatory flexibility analysis, which is summarized below, regarding the economic effects of this rule on small entities. Copies of the full analysis are available on the Regulations.gov Web site (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT . This final rule will amend the regulations to allow, under certain conditions, the importation of female squash flowers ( *Cucurbita pepo* L.) from Israel into the continental United States. Squash flowers have gained in popularity as an elegant way to garnish dishes, desserts, and salads, and as an ingredient in other dishes. Marketing of commercially grown edible flowers is typically directed to clientele at upscale restaurants. Farms that solely produce squash flowers are rare. The blossoms are typically a by-product of squash fruit production. Squash is commercially produced throughout the United States, but principally in Michigan, California, Florida, and Georgia. The Small Business Administration's small-entity standard for U.S farms that produce squash is annual receipts of not more than $750,000. In 2007, the average market value of sales by the 11,821 U.S farms that produced squash was about $17,222, well below the small-entity standard. We infer that by far most farms producing squash, including farms producing squash flowers, are small entities. Israel is expecting to export 10 metric tons of fresh female squash flowers annually to the United States. We do not know the quantity or value of female squash flower production in the United States, or the quantity or value of female squash flowers imported from other countries. Without basic production and trade information, we are unable to evaluate potential impacts of this final rule. Executive Order 12988 This final rule allows fresh female squash flowers to be imported into the United States from Israel. State and local laws and regulations regarding female squash flowers imported under this rule will be preempted while the fruit is in foreign commerce. Fresh vegetables are generally imported for immediate distribution and sale to the consuming public, and remain in foreign commerce until sold to the ultimate consumer. The question of when foreign commerce ceases in other cases must be addressed on a case-by-case basis. No retroactive effect will be given to this rule, and this rule will not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act In accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the information collection or recordkeeping requirements included in this final rule, which were filed under 0579-0406, have been submitted for approval to the Office of Management and Budget (OMB). When OMB notifies us of its decision, if approval is denied, we will publish a document in the **Federal Register** providing notice of what action we plan to take. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance 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. For information pertinent to E-Government Act compliance related to this rule, please contact Mrs. Celeste Sickles, APHIS' Information Collection Coordinator, at
(301)851-2908. List of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we are amending 7 CFR part 319 as follows: PART 319—FOREIGN QUARANTINE NOTICES 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 2. Section 319.56-68 is added to read as follows: § 319.56-68 Female squash flowers from Israel. Female squash flowers ( *Cucurbita pepo* L.) may be imported into the continental United States from Israel only in accordance with this section and other applicable provisions of this subpart. These conditions are designed to prevent the introduction of the following quarantine pests: *Ceratitis capitata, Dacus ciliatus, Helicoverpa armigera,* and *Scirtothrips dorsalis.*
(a)*Production site requirements.*
(1)Production sites in which the female squash flowers are produced must be registered with the national plant protection organization
(NPPO)of Israel. Initial approval of production sites must be completed jointly by the NPPO of Israel and APHIS.
(2)The NPPO of Israel must visit and inspect the production sites. APHIS may monitor the production sites if necessary.
(3)Production sites must be inside pest-exclusionary structures (PES). The PES must have self-closing double doors. All openings, including vents, to the outside of the PES must be covered by screening with mesh openings of not more than 1.6 mm.
(b)*Mitigation measures for fruit flies (C. capitata and D. ciliatus).*
(1)The NPPO of Israel must set and maintain fruit fly traps with an APHIS-approved bait at a rate of one trap per hectare, with a minimum of one trap in each PES and one outside the entrance of each PES. The NPPO of Israel must check the traps every 7 days and maintain records of trap placement, trap maintenance, and captures of any fruit flies of concern. The NPPO must maintain trapping records and make the records available to APHIS upon request.
(2)Capture of a single fruit fly of concern inside a production site will immediately result in cancellation of exports to the United States from that production site. The detection of a fruit fly of concern in a consignment at the port of entry that is traced back to a production site will also result in immediate cancellation of exports to the United States from that production site. In both cases, exports from the production site in question may not resume until APHIS and the NPPO of Israel have mutually determined that the risk has been properly mitigated.
(c)*Packinghouse requirements.* While in use for exporting female squash flowers to the United States, the packinghouses may only accept flowers from registered production sites.
(d)*Post-harvest procedures.* Before being removed from the PES, harvested female squash flowers must be placed in field cartons or containers that are marked to show the official registration number of the production site. The place of production where the flowers were grown must remain identifiable from the time when the blossoms leave the production site, to the packinghouse, and through the export process.
(e)*Commercial consignments.* The female squash flowers may be imported in commercial consignments only.
(f)*Phytosanitary certificate.* Each consignment must be accompanied by a phytosanitary certificate issued by the NPPO of Israel with an additional declaration stating that the consignment has been inspected and found free of *Ceratitis capitata, Dacus ciliatus, Helicoverpa armigera,* and *Scirtothrips dorsalis.* (Approved by the Office of Management and Budget under control number 0579-0406) Done in Washington, DC, this 29th day of May 2014. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2014-13007 Filed 6-4-14; 8:45 am]
Connectionstraces to 7
3 references not yet in our index
- 7 CFR 319
- 7 CFR 319.56-1
- 7 CFR 2.22
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Cite7 CFR 319
Cite7 CFR 319.56-1
Cite7 CFR 2.22
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