Unknown. Affirmation of interim rule as final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-08-25.xml --- 79 164 Monday, August 25, 2014 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50649-50651 2014-20100 Agricultural Marketing Agricultural Marketing Service RULES Export Apple Act: Exempting Bulk Shipments to Canada from Minimum Requirements and Inspection, 50537-50538 2014-20116 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 50614 2014-20120 Agriculture Agriculture Department See Agricultural Marketing Service Army Army Department NOTICES Exclusive Patent Licenses: Stevens Institute of Technology, 50634 2014-20106 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50651-50654 2014-20099 2014-20101 2014-20103 Meetings: ICD-10 Coordination and Maintenance Committee, 50654-50655 2014-20067 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 50655-50656 2014-20041 Coast Guard Coast Guard RULES Drawbridge Operations: Tennessee River, Decatur, AL, 50552 2014-20184 PROPOSED RULES Regulated Navigation Areas: Sarah Mildred Long Bridge Replacement, Portsmouth, NH, 50565-50568 2014-19985 Safety Zones: Elizabeth River, Portsmouth, VA, 50571-50574 2014-19986 Ironman 70.3 Miami, Biscayne Bay; Miami, FL, 50568-50571 2014-20185 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Copies of Crop and Market Information Reports, 50631-50632 2014-20133 Copyright Office Copyright Office, Library of Congress RULES Prohibition on Circumvention of Copyright Protection Systems; Exemptions: Wireless Telephone Handsets, 50552-50554 2014-20077 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Volunteer Generation Fund Grantee Progress Report, 50632-50633 2014-20164 Council Environmental Council on Environmental Quality PROPOSED RULES Effective Use of National Environmental Policy Act Programmatic Reviews, 50578-50589 2014-20199 Defense Department Defense Department See Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Contractor Business Ethics Compliance Program and Disclosure Requirements, 50647-50648 2014-20122 Meetings: Defense Advisory Committee on Women in the Services, 50633-50634 2014-20139 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Final Adjusted Aggregate Production Quotas for Schedule I and II Controlled Substances and Assessment of Annual Needs:

List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2014, 50700-50704 2014-20137 Importers of Controlled Substances; Applications: Catalent CTS, LLC; Correction, 50704 2014-20119 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Applications to Export Electric Energy: Castleton Commodities Merchant Trading LP, 50634-50635 2014-20130 Merrill Lynch Commodities, Inc., 50634 2014-20134 Meetings: Quadrennial Energy Review, 50636-50637 2014-20128 Secretary of Energy Advisory Board, 50636 2014-20129 State Energy Advisory Board;

Teleconference, 50635-50636 2014-20131 Quadrennial Energy Review; Deadlines, 50638-50639 2014-20114 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Florida; Infrastructure Requirement (Visibility) for the Fine Particulate Matter and National Ambient Air Quality Standards, 50554-50556 2014-20053 PROPOSED RULES Air Quality Designations for the 2010 Sulfur Dioxide

(SO2)Primary National Ambient Air Quality Standard: Action Denying Petitions for Reconsideration and Stay Request, 50577-50578 2014-20216 Air Quality State Implementation Plans; Approvals and Promulgations: California; Southeast Desert Nonattainment Area, Determination of Attainment of the 1-Hour Ozone National Ambient Air Quality Standard, 50574-50577 2014-20220 NOTICES Adequacy Status of Motor Vehicle Emissions Budgets: Yuba City-Marysville, CA; Fine Particulate Maintenance Plan, 50646-50647 2014-20192 Environmental Quality Council See Council on Environmental Quality Executive Office of the President See Council on Environmental Quality Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Air Tractor, Inc. Airplanes, 50542-50549 2014-20098 Honeywell ASCa, Inc.; Emergency Locator Transmitters Installed on Various Transport Category Airplanes, 50538-50542 2014-19978 Federal Communications Federal Communications Commission NOTICES Meetings: Federal Advisory Committee Act; Technological Advisory Council, 50647 2014-20093 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 50556-50563 2014-20066 2014-20092 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50681 2014-20048 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Property Acquisition and Relocation for Open Space, 50681-50682 2014-20050 Emergency Declarations: Washington; Amendment No. 1, 50682 2014-20160 Flood Hazard Determinations; Changes, 50682-50685 2014-20146 2014-20147 Major Disaster and Related Determinations: Iowa, 50685-50686 2014-20142 Tennessee, 50685 2014-20145 Washington, 50686-50687 2014-20150 Major Disaster Declarations: Iowa; Amendment No. 1, 50687 2014-20143 Minnesota; Amendment No. 1, 50687 2014-20162 Minnesota; Amendment No. 2, 50687 2014-20151 National Flood Insurance Programs: Assistance to Private Sector Property Insurers; Availability of FY 2015 Arrangement, 50688 2014-20068 Proposed Flood Hazard Determinations, 50688-50695 2014-20040 2014-20046 2014-20144 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50639-50640 2014-20063 Combined Filings, 50640-50643 2014-20094 2014-20095 2014-20132 2014-20136 General Conformity Determinations: Dominion Cove Point LNG, LP; Cove Point Liquefaction Project, 50643-50644 2014-20060 Hydroelectric Applications: Public Utility District No. 2 of Grant County, WA, 50644 2014-20062 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: EDF Energy Services, LLC, 50644-50645 2014-20126 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Avalon Solar Partners, LLC, 50645 2014-20096 Meetings: Concept of Developing an Electronic Information and Trading Platform for Natural Gas, 50645-50646 2014-20127 Request under Blanket Authorization: Southern Star Central Gas Pipeline, Inc., 50646 2014-20061 Federal Transit Federal Transit Administration NOTICES Guidance: Joint Development Circular, 50728-50733 2014-20097 Food and Drug Food and Drug Administration RULES Medical Devices, 50551-50552 2014-20107 Medical Devices: Clinical Chemistry and Clinical Toxicology Devices; Hemoglobin A1c Test System; Classification, 50549-50551 2014-20022 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Third Party Disclosure and Recordkeeping Requirements for Reportable Food, 50656-50658 2014-20021 Charter Renewals: Advisory Committees, 50658-50659 2014-20017 Determinations that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: SULAR (Nisoldipine) Extended-Release Tablets, 10 Milligrams, etc., 50659-50660 2014-20043 Meetings: Cellular, Tissue and Gene Therapies Advisory Committee, 50660-50661 2014-20016 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Contractor Business Ethics Compliance Program and Disclosure Requirements, 50647-50648 2014-20122 Meetings: President's Management Advisory Board, 50648-50649 2014-20125 Geological Geological Survey NOTICES Meetings: Advisory Committee on Climate Change and Natural Resource Science, 50695-50696 2014-20148 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50649 2014-20065 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Indian Health Indian Health Service See Indian Health Service NOTICES Funding Opportunities: National Indian Health Outreach and Education, 50661-50670 2014-20113 Office of Direct Service and Contracting Tribes; National Indian Health Outreach and Education, 50670-50679 2014-20109 Office of Direct Service and Contracting Tribes; National Indian Health Outreach and Education II Program; Correction, 50670 2014-20108 Interior Interior Department See Geological Survey See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50737-50740 2014-20163 2014-20166 2014-20168 2014-20170 2014-20173 2014-20176 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pasta from Italy, 50614-50616, 50618-50620 2014-20152 2014-20153 Polyethylene Terephthalate Film, Sheet, and Strip from India, 50616-50618, 50620-50621 2014-20154 2014-20155 Meetings: Civil Nuclear Trade Advisory Committee, 50621-50622 2014-20167 Requests for Nominations: Renewable Energy and Energy Efficiency Advisory Committee; Reestablishment, 50622-50623 2014-20149 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Crystalline Silicon Photovoltaic Products from China and Taiwan, 50696-50698 2014-20069 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2014 National Survey of Tribal Court Systems, 50698-50699 2014-20064 Consent Decrees under Residential Lead-Based Paint Hazard Reduction Act, 50699 2014-20124 Library Library of Congress See Copyright Office, Library of Congress Millenium Millennium Challenge Corporation NOTICES Candidate Countries for Millennium Challenge Account Eligibility in Fiscal Year 2015, 50704-50706 2014-20045 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Contractor Business Ethics Compliance Program and Disclosure Requirements, 50647-50648 2014-20122 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50706 2014-20121 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance; Denials: Mercedes-Benz USA, LLC, and Daimler AG, 50733-50735 2014-20140 Petitions for Inconsequential Noncompliance: Chrysler Group, LLC, 50735-50736 2014-20037 National Institute National Institutes of Health NOTICES Best Pharmaceuticals for Children Act Priority List of Needs in Pediatric Therapeutics, 50679-50680 2014-20156 Meetings: National Institute of Allergy and Infectious Diseases; Cancellations, 50680 2014-20057 National Institute of Diabetes and Digestive and Kidney Diseases, 50680-50681 2014-20058 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction, 50563-50564 2014-20123 PROPOSED RULES List of Fisheries for 2015, 50589-50613 2014-20159 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Protocol for Access to Tissue Specimen Samples from the National Marine Mammal Tissue Bank, 50623-50624 2014-20042 Meetings: Fisheries of the Gulf of Mexico and South Atlantic; Southeast Data, Assessment, and Review, 50624-50625 2014-20104 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 50625 2014-20105 New England Fishery Management Council, 50625-50626 2014-20035 2014-20036 Takes of Marine Mammals: Commercial Fishing Operations; Modification of Permit, 50626-50631 2014-20161 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50706-50707 2014-20055 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 50707 2014-20294 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials: Harmonization with International Standards, 50742-50834 2014-19161 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 50707-50708 2014-20051 2014-20052 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50708-50713 2014-20084 2014-20085 2014-20086 2014-20087 2014-20088 2014-20089 Applications: American Fidelity Assurance Company, et al., 50713-50716 2014-20090 Persimmon Capital Management LP and Northern Lights Fund Trust III, 50716-50718 2014-20091 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 50724-50725 2014-20082 NYSE Arca, Inc., 50720-50724 2014-20083 NYSE MKT, LLC, 50725-50726 2014-20081 NYSEArca, Inc., 50718-50719 2014-20080 Special Counsel Special Counsel Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50726-50727 2014-20056 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Bartholomeus Spranger -- Splendor and Eroticism in Imperial Prague, 50727-50728 2014-20169 Meetings: Shipping Coordinating Committee, 50728 2014-20174 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Use of Explosives on Surface Coal Mining Operations, 50565 2014-20171 Surface Transportation Surface Transportation Board NOTICES Trackage Rights Exemptions: Grainbelt Corp., BNSF Railway Co., and Stillwater Central Railroad, LLC, 50736 2014-20141 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Transportation Department, Pipeline and Hazardous Materials Safety Administration, 50742-50834 2014-19161 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. 79 164 Monday, August 25, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 33 [Doc. No. AMS-FV-14-0022; FV14-33-1 FIR] Regulations Issued Under the Export Apple Act; Exempting Bulk Shipments to Canada From Minimum Requirements and Inspection AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: The Department of Agriculture

(USDA)is adopting, as a final rule, without change, an interim rule that revised the regulations issued under the Export Apple Act to exempt bulk shipments of apples to Canada from the minimum requirements and inspection provisions of the Export Apple Act and established a definition for bulk containers. The changes were necessary because section 10009 of the Agricultural Act of 2014 amended the Export Apple Act to exempt apples shipped to Canada in bulk containers weighing more than 100 pounds from inspection requirements. DATES: Effective August 26, 2014. FOR FURTHER INFORMATION CONTACT: Jennie M. Varela, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone:

(863)324-3375, Fax:

(863)325-8793, or Email: *Jennie.Varela@ams.usda.gov* or *Christian.Nissen@ams.usda.gov.* SUPPLEMENTARY INFORMATION: Section 10009 of the Agricultural Act of 2014 amended section 4 of the Export Apple Act (7 U.S.C. 584) to add an exemption for apples shipped to Canada in bulk containers and add a definition for bulk container to section 9 of the Export Apple Act (7 U.S.C. 589). The Export Apple Act

(Act)promotes the foreign trade of U.S. grown apples by authorizing the implementation of regulations with minimum quality, container marking, and inspection requirements. These amendments to the Act require amendments to the regulations in 7 CFR part 33. Sections 33.10 and 33.11 of the regulations require, in part, that apples shipped to any foreign destination must meet minimum requirements and be inspected by the Federal or Federal-State Inspection Service. Section 33.12 specifies apples not subject to regulation. This rule implements the amendments to the Act by adding a new § 33.8 (Bulk container) under “Definitions” to define a bulk container as a container that contains a quantity of apples weighing more than 100 pounds. This action also revises § 33.12 by adding an additional paragraph exempting bulk shipments to Canada from all requirements under this part. Thus, any bulk container of apples being shipped to Canada is exempt from the minimum requirements and inspection provisions. Inspection would still be required for apples shipped in containers of less than 100 pounds that are not otherwise exempt. In an interim rule published in the **Federal Register** on April 4, 2014, and effective on April 7, 2014, (79 FR 18765, Doc. No. AMS-FV-14-0022, FV14-33-1 IR), § 33.8 was added to the regulations to define a bulk container and § 33.12 was revised by adding an additional paragraph exempting bulk shipments to Canada from all requirements under part 33. Executive Order 12866 and Executive Order 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules and promoting flexibility. This action has been designated as a “non-significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget

(OMB)has waived the review process. Executive Order 13175 This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect and shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects as this Act; but is intended that all such statutes shall remain in full force and effect except insofar as they are inconsistent herewith or repugnant hereto (7 U.S.C. 587). The Act provides administrative proceedings that must be exhausted before parties may file suit in court. Pursuant to 7 U.S.C. 586 and sections 33.13 and 33.14 of the regulations, any person subject to the Act may file with USDA a request for hearing, along with a written responsive answer to alleged violations of the provisions of the Act and regulations, no later than 10 days after service of notice of alleged violations, and is afforded the opportunity for a hearing on said request. After opportunity for hearing, the Secretary is authorized to refuse the issuance of certificates under this Act for periods not exceeding 90 days. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), the Agricultural Marketing Service

(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Small agricultural service firms, including shippers, exporters, and carriers, are defined by the Small Business Administration

(SBA)as those having annual receipts of less than $7,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000 (13 CFR 121.201). The industry estimates there are approximately 7,500 apple producers in the U.S. The National Agricultural Statistics Service reports the 2012 apple crop was valued at nearly $3.1 billion. Assuming a normal distribution, most apple producers can be classified as small entities. According to industry statistics, there are approximately 60 apple exporters subject to regulation under the Act. Foreign Agricultural Service data estimates the value of fresh apple exports to Canada at approximately $190 million. Assuming a normal distribution, the majority of apple exporters are small businesses. Based on the above calculations, it can be concluded that the majority of apple producers and exporters may be classified as small entities. This rule is issued under the authority of the Export Apple Act, as amended (7 U.S.C. 584). This rule continues in effect a rule that revised “Regulations Issued Under Authority of the Export Apple Act” (7 CFR part 33). In accordance with the provisions of section 10009 of the Agricultural Act of 2014, this action exempts apples shipped to Canada in bulk containers from the minimum requirements and inspection provisions issued under the Act. This action also adds the definition of “bulk container” as a container that contains a quantity of apples weighing more than 100 pounds. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements have been previously approved by the Office of Management and Budget

(OMB)and assigned OMB No. 0581-0143 (Export Fruit Regulations). No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule will not impose any additional reporting or recordkeeping requirements on either small or large apple shippers, exporters, or carriers. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this final rule. Comments on this interim rule were required to be received on or before June 3, 2014. No comments were received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: *http://www.regulations.gov/#!documentDetail;D=AMS-FV-14-0022-0001.* After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the **Federal Register** (79 FR 18765, April 4, 2014) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 33 Apples, Exports, Reporting and recordkeeping requirements. PART 33—REGULATIONS ISSUED UNDER AUTHORITY OF THE EXPORT APPLE ACT Accordingly, the interim rule that amended 7 CFR part 33 and that was published at 79 FR 18765 on April 4, 2014, is adopted as a final rule, without change. Dated: August 20, 2014. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2014-20116 Filed 8-22-14; 8:45 am]

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