Unknown. Affirmation of interim rule as final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2015-06-25.xml --- 80 122 Thursday, June 25, 2015 Contents African African Development Foundation NOTICES Meetings: Board of Directors, 36500 2015-15616 Agricultural Marketing Agricultural Marketing Service RULES Imports: Fruit, Vegetable, and Specialty Crops - Changes to Reporting Requirements to Add Electronic Form, 36465-36467 2015-15386 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Antitrust Division Antitrust Division NOTICES Membership Changes under National Cooperative Research and Production Act:

ASTM International Standards, 36577 2015-15565 Cooperative Research Group on ROS-Industrial Consortium-Americas, 36578 2015-15561 Cooperative Research Group on Wet Gas Compression Consortium, 36578 2015-15559 National Armaments Consortium, 36577-36578 2015-15566 National Biodiesel Accreditation Commission, 36578-36579 2015-15563 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36519-36522 2015-15564 2015-15568 2015-15569 2015-15552 2015-15560 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Report of Building or Zoning Permits Issued for New Privately-Owned Housing Units (Building Permits Survey), 36505 2015-15543 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36539-36542 2015-15550 2015-15551 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36542-36543 2015-15547 2015-15570 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Safety Standard for Play Yards, 36522-36523 2015-15611 Defense Department Defense Department RULES Provision of Early Intervention and Special Education Services to Eligible DoD Dependents, 36654-36688 2015-15343 NOTICES Meetings: National Commission on the Future of the Army, Federal Advisory Committee, 36534 2015-15541 Revised Non-Foreign Overseas Per Diem Rates, 36523-36534 2015-15633 Energy Department Energy Department See Energy Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 36535-36536 2015-15629 Meetings: Environmental Management Site-Specific Advisory Board, Nevada, 36535 2015-15627 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 36534-36535 2015-15626 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36536-36537 2015-15628 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Ohio; PM2.5 NSR, 36477-36481 2015-15554 Pennsylvania; Adoption of Control Technique Guidelines for Offset Lithographic Printing and Letterpress Printing, etc., 36481-36483 2015-15318 West Virginia; Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration, 36483-36487 2015-15530 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Ohio; PM2.5 NSR, 36498-36499 2015-15553 NOTICES Meetings:

Great Lakes Advisory Board, 36537 2015-15647 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: The Boeing Company Airplanes, 36471-36472 C1--2015--14703 Establishment of Class E Airspace: Highmore, SD, 36472-36473 2015-15527 Special Conditions: Bombardier Aerospace Incorporated, Models BD-500-1A10 and BD-500-1A11 Series Airplanes; Electronic Flight-Control System (EFCS): Pitch- and Roll-Limiting Functions, 36470-36471 2015-15545 L-3 Communications Integrated Systems, Boeing Model 747-8 Series Airplanes;

Therapeutic Oxygen for Medical Use, 36469-36470 2015-15546 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 36493-36495 2015-15505 Establishment of Class E Airspace: Springfield, MO, 36496-36498 2015-15528 Wakeeney, KS, 36495-36496 2015-15529 NOTICES Petitions for Exemptions; Summaries: Ross Barone, 36593 2015-15549 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36538 2015-15624 Meetings:

Advisory Committee on Community Banking, 36538-36539 2015-15608 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 36593-36594 2015-15613 Fish Fish and Wildlife Service NOTICES Permit Applications: Endangered and Threatened Wildlife and Plants, 36552-36555 2015-15577 2015-15606 Endangered Species; Marine Mammals, 36553-36554 2015-15578 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Guidance for Industry on Postmarketing Adverse Event Reporting for Nonprescription Human Drug Products Marketed without an Approved Application, 36543-36545 2015-15638 Hearing, Aging, and Direct-to-Consumer Television Advertisements, 36545-36547 2015-15557 Guidance: Allowable Excess Volume and Labeled Vial Fill Size in Injectable Drug and Biological Products, 36547-36548 2015-15637 Requests for Nominations: List of Bulk Drug Substances that may be Used by an Outsourcing Facility to Compound Drugs for Use in Animals;

Corrections, 36543 2015-15558 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Subzone Expansion: VT Halter Marine, Inc., Subzone 92A, Pascagoula, MS, 36506-36507 2015-15635 Applications for Subzone Status: Toyota Motor Manufacturing Alabama, Inc., Foreign-Trade Zone 83, Huntsville, AL, 36506 2015-15634 Production Activity Authorizations: Mercedes Benz USA, LLC (Accessorizing Passenger Motor Vehicles), Foreign-Trade Zone 144, Brunswick, GA, 36506 2015-15631 Mercedes Benz USA, LLC (Accessorizing Passenger Motor Vehicles), Foreign-Trade Zone 74, Baltimore, MD, 36506 2015-15632 Forest Forest Service NOTICES Environmental Impact Statements;

Availability, etc.: Forest-wide Invasive Plant Treatment; Boise National Forest and Sawtooth National Forest, ID and UT, 36503-36505 2015-15609 Tongass National Forest; AK, 36501-36502 2015-15484 Land Management Plans: Lincoln National Forest, 36500-36501 2015-15618 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See U.S.

Citizenship and Immigration Services Indian Affairs Indian Affairs Bureau NOTICES HEARTH Act Approvals: Absentee Shawnee Tribe of Oklahoma Regulations, 36568-36569 2015-15589 Agua Caliente Band of Cahuilla Indians Regulations, 36569-36570 2015-15585 Ak-Chin Indian Community Leasing Regulations, 36560-36561 2015-15586 Citizen Potawatomi Nation Regulations, 36562-36563 2015-15592 Cowlitz Indian Tribe Regulations, 36573-36574 2015-15590 Dry Creek Rancheria Band of Pomo Indians Regulations, 36571-36572 2015-15597 Ewiiaapaayp Band of Kumeyaay Indians Regulations, 36563-36564 2015-15595 Federated Indians of Graton Rancheria Leasing Regulations, 36555-36556 2015-15594 Ho-Chunk Nation Regulations, 36572-36573 2015-15593 Jamestown S'Klallam Tribe Regulations, 36558-36559 2015-15582 Kaw Nation Regulations, 36564-36565 2015-15581 Mohegan Tribe of Indians of Connecticut Regulations, 36556-36557 2015-15588 Oneida Indian Nation Regulations, 36557-36558 2015-15587 Pokagon Band of Potawatomi Indians Leasing Regulations, 36565-36566 2015-15574 Pueblo of Sandia Leasing Regulations, 36561-36562 2015-15573 Rincon Band of Luiseno Mission Indians Regulations, 36570-36571 2015-15572 Santa Rosa Band of Cahuilla Indians Regulations, 36567-36568 2015-15567 Wichita and Affiliated Tribes Regulations, 36566-36567 2015-15562 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Chemical Weapons Convention Provisions of the Export Administration Regulations, 36507 2015-15542 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service International Trade Adm International Trade Administration RULES Enforcement and Compliance: Changes to Room Number of APO/Dockets Unit, Web Address for Electronic Filing System, ACCESS Handbook, 36473-36474 2015-15544 NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the People's Republic of China, 36507-36509 2015-15630 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing the Same, 36576-36577 2015-15575 Justice Department Justice Department See Antitrust Division Land Land Management Bureau NOTICES Meetings:

Eastern Montana Resource Advisory Council, 36574-36575 2015-15614 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 36579 2015-15801 National Highway National Highway Traffic Safety Administration RULES Direct Final Rulemaking Procedures, 36487-36492 2015-15507 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 36549-36550 2015-15599 National Institute of Mental Health, 36548-36549 2015-15598 National Library of Medicine, 36548-36551 2015-15600 2015-15601 2015-15602 2015-15603 2015-15605 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 36509-36510 2015-15583 2015-15584 Takes of Marine Mammals Incidental to Specified Activities: Wharf Maintenance Project, 36510-36519 2015-15621 National Park National Park Service RULES Technical Edits, 36474-36477 2015-15498 NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 36575-36576 2015-15591 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR System;

Certificate of Compliance No. 1031, Amendment No. 5, 36467-36469 2015-15607 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 36498 2015-15579 Presidential Documents Presidential Documents EXECUTIVE ORDERS Amending Executive Order 11155; Career and Technical Education, Awards for Special Capability (EO 13697), 36689-36691 2015-15828 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Public Company Accounting Oversight Board, 36602-36652 2015-15571 State Department State Department NOTICES 2015 Fiscal Transparency Report, 36580-36591 2015-15677 Environmental Assessments;

Availability, etc.: NuStar Burgos Pipelines Projects, 36579-36580 2015-15676 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 36591-36593 2015-15580 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Extension of the Initial Registration Period for Guinea, Liberia, and Sierra Leone Temporary Protected Status, 36551-36552 2015-15762 U.S.

Sentencing United States Sentencing Commission NOTICES Proposed Priorities for Amendment Cycle, 36594-36595 2015-15622 Veteran Affairs Veterans Affairs Department NOTICES Environmental Impact Statements; Availability, etc.: San Francisco VA Medical Center Long Range Development Plan, 36599-36600 2015-15610 Privacy Act; Systems of Records, 36595-36599 2015-15351 Separate Parts In This Issue Part II Securities and Exchange Commission, 36602-36652 2015-15571 Part III Defense Department, 36654-36688 2015-15343 Part IV Presidential Documents, 36689-36691 2015-15828 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 80 122 Thursday, June 25, 2015 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 944, 980, and 999 [Doc. No. AMS-FV-14-0093; FV15-944/980/999-1 FIR] Fruit, Vegetable, and Specialty Crops—Import Regulations;

Changes to Reporting Requirements To Add Electronic Form Filing Option 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 changed the reporting requirements for commodities exempt from import regulations under section 608(e) (hereinafter referred to as “8e”) of the Agricultural Marketing Agreement Act of 1937 by adding an option to electronically file an “Importer's Exempt Commodity Form” (FV-6 form). These changes were needed to bring the import regulations into conformance with the current practice of filing FV-6 forms electronically using the Marketing Order Online System (MOLS), an internet-based application that was implemented in 2008. The interim rule also changed the import regulations for dates and raisins by moving the FV-6 form-filing procedures for these two commodities to the safeguard procedure regulations for specialty crops and by making other administrative updates. These changes to the import regulations were also required to support the International Trade Data System (ITDS), a key White House economic initiative that will automate the filing of import and export information by the trade. All government agencies that are participating in the ITDS initiative, including AMS, are required by U.S. Customs and Border Protection (hereinafter referred to as “CBP”) to make updates to import and export regulations to provide for the electronic entry of shipment data. DATES: Effective June 29, 2015. FOR FURTHER INFORMATION CONTACT: Richard Lower, Senior Compliance and Enforcement Specialist, or Vincent Fusaro, Compliance and Enforcement Branch Chief, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone:

(202)720-2491, Fax:

(202)720-8938, or Email: *Richard.Lower@ams.usda.gov* or *VincentJ.Fusaro@ams.usda.gov.* Small businesses may request information on complying with this regulation by contacting Jeffrey Smutny, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or Email: *Jeffrey.Smutny@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” Section 8e provides that whenever certain commodities are regulated under Federal marketing orders, imports of those commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, and/or maturity requirements as those in effect for the domestically produced commodities. The Act also authorizes USDA to perform inspections on those imported commodities and certify whether these requirements have been met. Parts 944, 980, and 999 of title 7 of the Code of Federal Regulations

(CFR)specify which imported commodities may be exempt from grade, size, quality, and/or maturity requirements when imported for specific purposes, such as processing, donation to charitable organizations, or livestock feed. These parts further specify the form importers must use to report to USDA and CBP imports of commodities exempt from 8e regulations. In an interim rule published in the **Federal Register** on March 25, 2015, and effective on March 30, 2015 (80 FR 15673, Doc. No. AMS-FV-14-0093, FV15-944/980/999-1 IR), §§ 944.350, 980.501, and 999.500 of the import regulations were changed to allow for the electronic filing of an “Importer's Exempt Commodity Form” (FV-6 form). Changes were also made to these three import safeguard sections to reflect that the definition of an importer includes a customs broker, when that broker is acting as an importer's representative, and to clarify that both an importer and a receiver must certify an FV-6 form. Additionally, changes were made in these three sections to update AMS contact information. The interim rule also changed §§ 999.1 and 999.300, the date and raisin import regulations, respectively, by moving the procedures for filing FV-6 forms for dates or raisins that are exempt from 8e regulations from those sections to the specialty crops safeguard procedures section (§ 999.500). Finally, the interim rule also made minor administrative updates and corrections to §§ 999.1 and 999.300, such as updating AMS division names and correcting typographical errors. The Department of Agriculture

(USDA)is issuing this final rule in conformance with Executive Orders 12866, 13563, and 13175. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform, and is not intended to have retroactive effect. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of import regulations issued under section 8e of the Act. 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. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Import regulations issued under the Act are based on those established under Federal marketing orders. Small agricultural service firms, which include importers and receivers of commodities exempt from import regulations, are defined by the Small Business Administration

(SBA)as those having annual receipts of less than $7,000,000 (13 CFR 121.201). USDA estimates that there are approximately 220 importers and receivers of commodities that are exempt from 8e requirements. Although USDA does not have access to data about the business sizes of these importers and receivers, it is likely that the majority may be classified as small entities. This action continues in effect an interim rule that added to the import regulations the existing option of electronically reporting on shipments of imported fruits, vegetables, and specialty crops that are exempt from 8e regulations. Importers and receivers of exempt commodities have been filing FV-6 forms electronically for several years, since the implementation of MOLS in 2008. There are an estimated 100 importers and 92 receivers of commodities exempt from 8e requirements who report exempt shipment information electronically using MOLS. During the two-year period 2013-2014, USDA information shows that 637,818,253 pounds of exempt commodities were electronically reported on 12,832 FV-6 forms. The table below provides a breakdown of this information by commodity: Commodities Reported Electronically as Exempt From Import Regulations—2013-2014 Commodity Pounds Electronic FV-6 forms Avocados 757,939 33 Dates 1,029,855 37 Grapefruit 511,965 14 Kiwifruit 360 1 Olives 79,858 3 Onions 17,959,787 418 Oranges 46,441,261 1,138 Potatoes 570,971,367 11,172 Tomatoes 65,861 16 Total 637,818,253 12,832 In comparison, USDA received only 365 paper FV-6 forms from importers and receivers for all exempted commodities in 2013-2014. As mentioned earlier, the majority of FV-6 forms are filed electronically. This change to the import regulations did not revise the procedures currently used by importers and receivers to report shipments that are exempt from 8e regulations. Most importers and receivers were already filing FV-6 forms electronically using MOLS and will continue to do so. In the future, importers and receivers will report these exempt shipments electronically through CBP's ACE system or MOAD's CEMS system, which is currently under development and will eventually replace MOLS. This change imposed no additional cost or burden on importers and receivers of any size. The current process of electronically filing FV-6 forms streamlines business operations, both for filers of the forms as well as for USDA, which uses the electronic form data to monitor compliance with 8e regulations. Changing the regulations to include the current standard industry practice of filing FV-6 forms electronically also met CBP's requirement to ensure that the regulations of those government agencies participating in the ITDS project provide for an electronic data collection. The electronic filing option for FV-6 forms has existed for many years, and this change aligned the regulations with that longstanding industry practice. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements for the FV-6 form and imported commodities exempt from 8e regulations were previously approved by the Office of Management and Budget

(OMB)and assigned OMB No. 0581-0167 (Specific Commodities Imported into the United States Exempt From Import Regulations), effective August 19, 2014. Administrative modifications to the FV-6 form and the shift of exemption authority for dates and raisins from §§ 999.1 and 999.300, respectively, to § 999.500, as necessitated by the interim rulemaking action, have been submitted to OMB for approval. Because importers and receivers of dates and raisins exempt from import regulations will continue to file FV-6 forms, the burden hours associated with OMB No. 0581-0167 remain unchanged at 17,734 hours. Should additional 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 importers or receivers of commodities exempt from 8e regulations. As with all import regulations, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. 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. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this final rule. Further, importers and receivers of commodities exempt from 8e regulations have been using MOLS for more than six years to electronically complete and certify FV-6 forms. The import trade is also fully aware of the ITDS initiative, which is designed to eliminate paper-based manual processes and replace those processes with electronic entry methods such as the one used to electronically file FV-6 forms. Comments on the interim rule were required to be received on or before May 26, 2015. 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-14-0093-0001.* This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the **Federal Register** (80 FR 15673, March 25, 2015) will tend to effectuate the declared policy of the Act. List of Subjects 7 CFR Part 944 Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Limes, Olives, Oranges. 7 CFR Part 980 Food grades and standards, Imports, Marketing agreements, Onions, Potatoes, Tomatoes. 7 CFR Part 999 Dates, Filberts, Food grades and standards, Imports, Nuts, Prunes, Raisins, Reporting and recordkeeping requirements, Walnuts. Accordingly, the interim rule that amended 7 CFR parts 944, 980, and 999 that was published at 80 FR 15673 on March 25, 2015, is adopted as a final rule, without change. Dated: June 18, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-15386 Filed 6-24-15; 8:45 am]

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