Unknown. Final rule

5,134 words·~23 min read·/register/2015/08/06/2015-19325

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--- schema: federal-register doc_type: fedreg source_file: FR-2015-08-06.xml --- 80 151 Thursday, August 6, 2015 Contents Agency Agency for International Development PROPOSED RULES Participation by Religious Organizations in USAID Programs; Amendments, 47238-47241 2015-18261 Agricultural Marketing Agricultural Marketing Service RULES Processed Raspberry Promotion, Research, and Information Orders: Late Payment and Interest Charges on Past Due Assessments, 46789-46791 2015-19325 PROPOSED RULES Milk in California:

Proposal To Establish a Federal Milk Marketing Order; Public Hearing, 47210-47235 2015-18704 NOTICES International Trade Data System Tests: Electronic Submission Through the Automated Commercial Environment of Notification of Importation of Fruits, Vegetables, and Specialty Crops, etc., 46947-46949 2015-19326 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See Rural Housing Service PROPOSED RULES Equal Opportunity for Religious Organizations, 47244-47252 2015-18262 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46949-46950 2015-19275 Meetings: Council for Native American Farming and Ranching, 46950-46951 2015-19276 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Viticultural Areas: Tip of the Mitt; Establishment, 46883-46888 2015-19277 Animal Animal and Plant Health Inspection Service NOTICES International Trade Data System Test: Electronic Submission to the Automated Commercial Environment of the Lacey Act Import Declaration Form Using the Partner Government Agency Message Set, 46951-46953 2015-19343 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:

FY 2016 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements, 47142-47207 2015-19033 Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2016, 47036-47139 2015-18973 Chemical Chemical Safety and Hazard Investigation Board RULES Organization and Functions, 46822-46824 2015-18318 Children Children and Families Administration PROPOSED RULES Updating Participation in Programs by Faith-Based or Religious Organizations and Providing for Equal Treatment of Program Participants, 47272-47282 2015-18256 NOTICES Required Elements for Submission of the Unified or Combined State Plan and Plan Modifications Under the Workforce Innovation and Opportunity Act, 47003-47004 2015-19286 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department RULES Civilian Health and Medical Program of the Uniformed Services:

TRICARE: Refills of Maintenance Medications Through Military Treatment Facility Pharmacies or National Mail Order Pharmacy Program, 46796-46799 2015-19196 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance Eligibility Petitions, 46953-46954 2015-19283 Education Department Education Department RULES Final Priorities and Definitions: Demonstration and Training Program: Career Pathways for Individuals With Disabilities, 46799-46804 2015-19293 PROPOSED RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;

Direct Grant Programs; and State-Administered Programs, 47254-47269 2015-18263 NOTICES Applications for New Awards: Demonstration and Training: Career Pathways for Individuals With Disabilities, 46961-46965 2015-19294 Meetings: President's Advisory Commission on Educational Excellence for African Americans, 46965-46966 2015-19340 Required Elements for Submission of the Unified or Combined State Plan and Plan Modifications Under the Workforce Innovation and Opportunity Act, 47003-47004 2015-19286 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:

Test Procedures for Battery Chargers, 46855-46870 2015-19105 Test Procedures for Small, Large, and Very Large Air-Cooled Commercial Package Air Conditioning and Heating Equipment, 46870-46882 2015-19232 NOTICES Applications To Export Liquefied Natural Gas: Cameron LNG, LLC; 20-Year Period, 46967-46972 2015-19329 2015-19330 Floridian Natural Gas Storage Co., LLC; 20-Year Period, 46969-46970 2015-19328 Texas LNG Brownsville, LLC; 25-Year Period, 46966-46967 2015-19331 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Missouri; Update to Materials Incorporated by Reference, 46804-46816 2015-19092 Pesticide Tolerances: Fluazifop-P-butyl, 46816-46822 2015-18825 NOTICES Proposed Consent Decrees, Clean Air Act Citizen Suits, 46985-46987 2015-19349 Settlements: Pender Plating Site, Burgaw, Pender County, NC, 46985 2015-19350 Federal Aviation Federal Aviation Administration RULES Elimination of the Air Traffic Control Tower Operator Certificate for Controllers Who Hold a Federal Aviation Administration Credential With a Tower Rating, 46791-46793 2015-19278 NOTICES Meetings:

Unmanned Aircraft Systems Test Sites and Center of Excellence, 47021-47023 2015-19375 Federal Communications Federal Communications Commission RULES Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, 46824-46847 2015-19281 PROPOSED RULES Creation of Interstitial 12.5 kHz Channels in the 800 MHz Band Between 809-817/854-862 MHz, 46928-46930 2015-19341 Equipment Authorization and Electronic Labeling for Wireless Devices, 46900-46928 2015-18402 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46987 2015-19245 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations: Kentucky; Amendment No. 3, 46996-46997 2015-19256 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Grand River Dam Authority, 46977-46978 2015-19309 Hiland Partner Holdings, LLC, 46982-46983 2015-19304 Combined Filings, 46972-46977, 46981-46985 2015-19298 2015-19299 2015-19300 2015-19301 2015-19302 2015-19303 2015-19322 Filings:

Bonneville Power Administration, 46983 2015-19305 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Aspirity Energy Mid-States LLC, 46975-46976 2015-19308 Aspirity Energy Northeast LLC, 46978 2015-19307 ORNI 37, LLC, 46978-46979 2015-19306 Orders: Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities, 46979-46981 2015-19292 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Alexander, Johnson, Massac, Pulaski, and Union Counties, IL; Ballard and McCracken Counties, KY; and Cape Girardeau, Scott, and Mississippi Counties, MO, 47023 2015-19320 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Report of Class I and Class II Motor Carriers of Property, 47023-47024 2015-19332 Parts and Accessories Necessary for Safe Operation; Exemption Applications:

TowMate, LLC, 47031-47032 2015-19333 Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 47024-47030 2015-19334 Federal Railroad Federal Railroad Administration RULES Securement of Unattended Equipment, 47350-47386 2015-19002 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 46987-46988 2015-19314 Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities, 46988 2015-19313 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46988-46990 2015-19378 Fish Fish and Wildlife Service PROPOSED RULES Migratory Bird Hunting: Proposed 2016-17 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals; Meetngs, 47388-47398 2015-19318 Food and Drug Food and Drug Administration NOTICES Guidance: Brief Summary and Adequate Directions for Use: Disclosing Risk Information in Consumer-Directed Print Advertisements and Promotional Labeling for Prescription Drugs, 46990-46993 2015-19244 Food and Nutrition Food and Nutrition Service NOTICES Required Elements for Submission of the Unified or Combined State Plan and Plan Modifications Under the Workforce Innovation and Opportunity Act, 47003-47004 2015-19286 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Expansions;

Applications: Houston Refining LP, Foreign-Trade Zone 84, Houston, TX, 46954 2015-19372 Forest Forest Service NOTICES Meetings: Hood-Willamette Resource Advisory Committee, 46953 2015-19315 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 PROPOSED RULES Updating Participation in Programs by Faith-Based or Religious Organizations and Providing for Equal Treatment of Program Participants, 47272-47282 2015-18256 Health Resources Health Resources and Services Administration NOTICES Single-Case Deviation From Competition Requirement for Program Expansion:

American Academy of Pediatrics, 46993-46994 2015-19260 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Customs and Border Protection PROPOSED RULES Nondiscrimination in Matters Pertaining to Faith-Based Organizations, 47284-47299 2015-18257 NOTICES Requests for Nominations: U.S. Immigration and Customs Enforcement Advisory Committee on Family Residential Centers; Correction, 46997 2015-19284 Housing Housing and Urban Development Department PROPOSED RULES Equal Participation of Faith-Based Organizations in HUD Programs, 47302-47313 2015-18258 NOTICES Required Elements for Submission of the Unified or Combined State Plan and Plan Modifications Under the Workforce Innovation and Opportunity Act, 47003-47004 2015-19286 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Suspension of Benefits Under the Multiemployer Pension Reform Act;

Correction, 46795-46796 2015-19364 2015-19366 PROPOSED RULES Suspension of Benefits Under the Multiemployer Pension Reform Act; Correction, 46882 2015-19365 International Trade Adm International Trade Administration RULES Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act, 46793-46795 2015-19353 NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbazole Violet Pigment 23 From India and the People's Republic of China, 46955-46956 2015-19358 Certain Crepe Paper Products From the People's Republic of China, 46954-46955 2015-19355 Polyethylene Terephthalate Film, Sheet, and Strip From India, 46956-46959 2015-19356 2015-19357 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Passenger Vehicle and Light Truck Tires From China, 47000 2015-19319 Certain Vision-Based Driver Assistance System Cameras, Components Thereof, and Products Containing the Same, 46998-47000 2015-19287 Justice Department Justice Department PROPOSED RULES Partnerships with Faith-Based and Other Neighborhood Organizations, 47316-47326 2015-18259 Labor Department Labor Department See Veterans Employment and Training Service See Wage and Hour Division PROPOSED RULES Equal Treatment in Programs for Faith-Based and Community Organizations;

Protection of Religious Liberty of Social Service Providers and Beneficiaries, 47328-47338 2015-18260 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Employer Perceptions Study for the Evaluation of Round 4 of the Trade Adjustment Assistance Community College Career Training Grants Program, 47001-47002 2015-19270 Independent Contractor Registration and Identification, 47000-47001 2015-19291 Land Land Management Bureau NOTICES Proposed Withdrawals of Public Lands:

Oregon; Meeting, 46997 2015-19324 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor Vehicle Theft Prevention Standard: Preliminary Theft Data, 46930-46939 2015-19118 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 46994 2015-19344 National Institute on Alcohol Abuse and Alcoholism, 46994-46995 2015-19345 2015-19346 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Atlantic Bluefish Fishery; 2015 Atlantic Bluefish Specifications, 46848-46852 2015-19269 Atlantic Bluefish Fishery; Quota Transfer, 46848 2015-19486 Fisheries Off West Coast States: West Coast Salmon Fisheries; 2015 Management Measures; Correction, 46852 2015-19268 PROPOSED RULES Refinance of the Pacific Coast Groundfish Fishing Capacity Reduction Loan: Pacific Coast Groundfish Federal Limited-Entry Trawl, Washington Coastal Dungeness Crab and California Pink Shrimp Fisheries;

Refinanced Reduction Loan Terms and Industry Fee System, 46941-46946 2015-19261 Taking and Importing Marine Mammals: Northeast Fisheries Science Center Fisheries Research; Correction, 46939-46941 2015-19310 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Atlantic Highly Migratory Species Tournament Registration and Reporting, 46960 2015-19347 Evaluation of National Estuarine Research Reserve, 46959 2015-19444 Meetings: Fisheries of the South Atlantic Southeast Data, Assessment, and Review, 46960-46961 2015-19234 National Park National Park Service NOTICES Repatriation of Cultural Items:

Heard Museum, Phoenix, AZ, 46997-46998 2015-19265 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Environmental Research and Education, 47006 2015-19295 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments; Corrections, 46847-46848 2015-18565 PROPOSED RULES Petitions for Reconsideration: Miscellaneous Changes to Pipeline Safety Regulations Administrative Significance, 46930 2015-19227 NOTICES Meetings:

Gas Pipeline Safety and Liquid Pipeline Safety Advisory Committees, 47032-47033 2015-19296 Reagan-Udall Reagan-Udall Foundation for the Food and Drug Administration NOTICES Requests for Nominations: Steering Committee for the Foundation's Big Data for Patients Program, 47006-47007 2015-19285 Rural Housing Service Rural Housing Service PROPOSED RULES Multi-Family Housing Program Requirements to Reduce Financial Reporting Requirements, 46853-46855 2015-19342 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Mercantile Exchange, Inc., 47014-47018 2015-19290 Financial Industry Regulatory Authority, Inc., 47018-47020 2015-19289 New York Stock Exchange, LLC, 47008-47014 2015-19288 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: U.S. Passport Application Drop-Off List, 47021 2015-19336 Culturally Significant Objects Imported for Exhibition: Berlin Metropolis: 1918-1933, 47020 2015-19339 Breguet:

Art and Innovation in Watchmaking, 47020-47021 2015-19337 Kongo: Power and Majesty, 47020 2015-19338 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service NOTICES Survey of Foreign Ownership of U.S.

Securities as of June 30, 2015, 47033 2015-19236 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Customs Modernization Act Recordkeeping Requirement, 46995-46996 2015-19370 Ship's Store Declaration, 46996 2015-19368 Veteran Affairs Veterans Affairs Department PROPOSED RULES Equal Protection of the Laws for Faith-Based and Community Organizations, 47340-47347 2015-18492 Schedule for Rating Disabilities:

Hematologic and Lymphatic Systems, 46888-46900 2015-19197 Veterans Employment Veterans Employment and Training Service NOTICES Required Elements for Submission of the Unified or Combined State Plan and Plan Modifications Under the Workforce Innovation and Opportunity Act, 47003-47004 2015-19286 Wage Wage and Hour Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Employment Under the Fair Labor Standards Act, 47004-47006 2015-19272 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 47036-47139 2015-18973 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 47142-47207 2015-19033 Part IV Agriculture Department, Agricultural Marketing Service, 47210-47235 2015-18704 Part V Agency for International Development, 47238-47241 2015-18261 Part VI Agriculture Department, 47244-47252 2015-18262 Part VII Education Department, 47254-47269 2015-18263 Part VIII Health and Human Services Department, Children and Families Administration, 47272-47282 2015-18256 Health and Human Services Department, 47272-47282 2015-18256 Part IX Homeland Security Department, 47284-47299 2015-18257 Part X Housing and Urban Development Department, 47302-47313 2015-18258 Part XI Justice Department, 47316-47326 2015-18259 Part XII Labor Department, 47328-47338 2015-18260 Part XIII Veterans Affairs Department, 47340-47347 2015-18492 Part XIV Transportation Department, Federal Railroad Administration, 47350-47386 2015-19002 Part XV Interior Department, Fish and Wildlife Service, 47388-47398 2015-19318 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. 80 151 Thursday, August 6, 2015 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1208 [Document Number AMS-FV-14-0042] Processed Raspberry Promotion, Research, and Information Order; Late Payment and Interest Charges on Past Due Assessments AGENCY:

Agricultural Marketing Service. ACTION: Final rule. SUMMARY: This rule prescribes late payment and interest charges on past due assessments under the Processed Raspberry Promotion, Research, and Information Order (Order). The Order is administered by the National Processed Raspberry Council (Council) with oversight by the U.S. Department of Agriculture (USDA). Under the Order, assessments are collected from domestic producers and importers and used for research and promotion projects designed to maintain and expand the market for processed raspberries.

This rule implements authority contained in the Order that allows the Council to collect late payment and interest charges on past due assessments. Three additional changes are being made to reflect current practices and update the Order and regulations. The changes will contribute to effective administration of the program and were unanimously recommended by the Council. DATES: *Effective:* September 8, 2015. FOR FURTHER INFORMATION CONTACT: Tarun Harit, Program Management Specialist, Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone:

(202)720-9915; facsimile

(202)205-2800; or electronic mail: *Tarun.Harit@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under the Order (7 CFR part 1208). The Order is authorized under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425). 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 will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Section 524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect or preempt any other Federal or State law authorizing promotion or research relating to an agricultural commodity. Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject to an order may file a written petition with USDA stating that an order, any provision of an order, or any obligation imposed in connection with an order, is not established in accordance with the law, and request a modification of an order or an exemption from an order. Any petition filed challenging an order, any provision of an order, or any obligation imposed in connection with an order, shall be filed within two years after the effective date of an order, provision, or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. The 1996 Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have the jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of the entry of USDA's final ruling. Background This rule prescribes late payment and interest charges on past due assessments under the Order. The Order is administered by the Council with oversight by USDA. Under the Order, assessments are collected from domestic producers and importers and used for research and promotion projects designed to maintain and expand markets for processed raspberries. Processed raspberries include raspberries that have been frozen, dried, pureed, made into juice, or altered by mechanical processes. This rule implements authority contained in the Order and the 1996 Act that allows the Council to collect late payment and interest charges on past due assessments. This action was unanimously recommended by the Council and will contribute to effective administration of the program. Section 1208.52(a) of the Order specifies that the funds to cover the Council's expenses shall be paid from assessments on producers and importers, donations from persons not subject to assessments, and from other funds available to the Council. Paragraph

(b)specifies that the collection of assessments on domestic processed raspberries is the responsibility of the first receiving handler of the raspberries for processing. Section 1208.52(e) specifies that “a late payment charge shall be imposed on any handler or importer who fails to remit to the Council, the total amount for which any such first handler or importer is liable on or before the due date established by the Council. In addition to the late payment charge, an interest charge shall be imposed on the outstanding amount for which the first handler or importer is liable. The rate of interest shall be prescribed in regulations issued by the Secretary.” The Order was implemented in May 2012. Assessment collection began in September 2012. Domestic assessments are due to the Council once annually by October 31. Import assessments are collected monthly by the U.S. Customs and Border Protection (Customs). If Customs does not collect the assessment, the importer must pay the assessment directly to the Council. Entities that produce less than 20,000 pounds of raspberries for processing annually or import less than 20,000 pounds of processed raspberries annually are exempt from assessment. Assessment funds are used by the Council for activities designed to benefit all industry members. Thus, it is important that all assessed entities pay their assessments in a timely manner. Entities who fail to pay their assessments on time could reap the benefits of Council programs at the expense of others. In addition, they could utilize funds for their own use that should otherwise be paid to the Council to finance Council programs. Council Recommendation Thus, the Council met on January 15, 2014, and unanimously recommended specifying rates of late payment charges and interest on past due assessments in the Order's regulations. Specifically, the Council recommended that a late payment charge be imposed on any handler or importer who fails to make timely remittance to the Council of the total assessments for which the handler or importer is liable. The late payment will be imposed on any assessments not received within 30 calendar days of the date they are due. This will be a one-time late payment charge equal to 10 percent of the assessments due before interest charges have accrued. The Council also recommended that 1 percent per month interest on the outstanding balance, including any late payment and accrued interest, be added to any accounts for which payment has not been received within 30 calendar days after the date assessments are due. Interest will continue to accrue monthly until the unpaid balance is paid to the Council. This action will help facilitate program administration by providing an incentive for entities to remit assessments in a timely manner, with the intent of creating a fair and equitable process among all assessed entities. Accordingly, a new Subpart C is added to the Order for Provisions Implementing the Processed Raspberry Order, and a new section 1208.520 is added to Subpart C. (The proposed rule published on November 12, 2014 (79 FR 67 67103) concerning this action has been modified to revise the name of the new Subpart C to meet **Federal Register** guidelines.) This rule also makes three additional changes to the Order. It revises the terms crop and fiscal years as defined in sections 1208.3 and 1208.7, respectively. The crop and fiscal years are changed in the Order from the 12-month period April 1 through March 31 to October 1 through September 30. The new time frames help facilitate program operations because domestic assessments are due by October 31, so those funds can be used to support current year activities. Revising the terms will bring the Order in line with current practices. This rule also changes the OMB control numbers in sections 1208.78 and 1208.108. In section 1208.78, the OMB control number 0581-0257 is omitted because it is no longer relevant. In sections 1208.108, the OMB control number is changed from 0581-NEW to 0581-0093, the control number assigned by the OMB. Final Regulatory Flexibility Act Analysis In accordance with the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), AMS is required to examine the impact of the rule on small entities. Accordingly, AMS has considered the economic impact of this action on such 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. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (first handlers and importers) as those having annual receipts of no more than $7.0 million. According to the Council, it is estimated that there are 160 producers of raspberries for processing and 30 first handlers of processed raspberries in the United States. Dividing the processed raspberry crop value for 2013 reported by the National Agricultural Statistics Service

(NASS)of $60,883,000 1 by the number of producers yields an average annual producer revenue of $380,520. It is estimated that in 2013, 75 percent of first handlers shipped under $7.0 million worth of processed raspberries. 1 Noncitrus Fruits and Nuts 2013 Summary, July 2014, USDA, National Agricultural Statistics Service, p. 37. Likewise, based on Customs data, it is estimated there are 140 importers of processed raspberries. Using 2013 Customs data, nearly all importers, or 99 percent, import less than $7.0 million worth of processed raspberries annually. Thus, the majority of domestic producers, first handlers and importers of processed raspberries would be considered small entities. Regarding the value of the commodity, as mentioned above, based on 2013 NASS data, the value of the domestic processed raspberry crop was about $61 million. According to Customs data, the value of 2013 imports was about $65 million. This rule prescribes late payment and interest charges on past due assessments under the Order. The Order is administered by the Council with oversight by USDA. Under the Order, assessments are collected from domestic producers of raspberries for processing and importers of processed raspberries. Processed raspberries include raspberries that have been frozen, dried, pureed, made into juice, or altered by mechanical processes. This rule adds a new section 1208.520 that will specify a late payment charge of 10 percent of the assessments due and interest at a rate of 1 percent per month on the outstanding balance, including any late payment and accrued interest. This section will be included in a new Subpart C—Provisions for Implementing the Processed Raspberry Promotion, Research, and Information Order. This action was unanimously recommended by the Council and is authorized under section 1208.52(e) of the Order and section 517(e) of the 1996 Act. Regarding the economic impact of this rule on affected entities, this action imposes no costs on handlers and importers who pay their assessments on time. It merely provides an incentive for entities to remit their assessments in a timely manner. For all entities who are delinquent in paying assessments, both large and small, the charges will be applied the same. As for the impact on the industry as a whole, this action will help facilitate program administration by providing an incentive for entities to remit their assessments in a timely manner, with the intent of creating a fair and equitable process among all assessed entities. Additionally, as previously mentioned, the Order provides for an exemption for entities that produce or import less than 20,000 pounds of processed raspberries annually. About 140 producers of raspberries for processing and 80 importers of processed raspberries pay assessments under the Order. Regarding alternatives, one option to the proposed action would be to maintain the status quo and not prescribe late payment and interest charges for past due assessments. However, the Council determined that implementing such charges will help facilitate program administration by encouraging entities to pay their assessments in a timely manner. The Council reviewed rates of late payment and interest charges prescribed in other research and promotion programs and concluded that a 10 percent late payment charge and interest at a rate of 1 percent per month on the outstanding balance would be appropriate. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and recordkeeping requirements that are imposed by the Order have been approved under OMB control number 0581-0093. This rule results in no change to the information collection and recordkeeping requirements previously approved and imposes no additional reporting and recordkeeping burden on domestic producers, first handlers, and importers of processed raspberries. As with all Federal promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. Finally, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. 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. Regarding outreach efforts, the Council met on January 15, 2014, and unanimously made its recommendation. All of the Council's meetings, including meetings held via teleconference, are open to the public and interested persons are invited to participate and express their views. As previously mentioned, a proposed rule concerning this action was published in the **Federal Register** on November 12, 2014 (79 FR 67103). The proposal was made available through the Internet by USDA and the Office of the Federal Register. A 30-day comment period ending December 12, 2014 was provided to allow interested persons to submit comments. No comments were received. One change was made to section 1208.520(2) for clarification purposes, the addition of the word “charge” after the words “late payment”. After consideration of all relevant matters presented, including the information and recommendation submitted by the Council and other available information, it is hereby found that this rule, as hereinafter set forth, is consistent with and will effectuate the purposes of the 1996 Act. List of Subjects in 7 CFR Part 1208 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Raspberry promotion, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 1208 is amended as follows: PART 1208—PROCESSED RASPBERRY PROMOTION, RESEARCH, AND INFORMATION ORDER 1. The authority citation for 7 CFR part 1208 continues to read as follows: Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401. 2. Section 1208.3 is revised to read as follows: § 1208.3 Crop year. *Crop year* means the 12-month period from October 1 through September 30 or such other period approved by the Secretary. 3. Section 1208.7 is revised to read as follows: § 1208.7 Fiscal period. *Fiscal period* means the 12-month period from October 1 through September 30 or such other period as approved by the Secretary. 4. Section 1208.78 is revised to read as follows: § 1208.78 OMB control numbers. The control number assigned to the information collection requirements by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, is OMB control number 0505-0001, and OMB control number 0581-0093. 5. Section 1208.108 is revised to read as follows: § 1208.108 OMB control number. The control number assigned to the information collection requirement in this subpart by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, is OMB control number 0581-0093. 6. Add Subpart C, consisting of § 1208.520, to read as follows: Subpart C—Provisions Implementing the Processed Raspberry Promotion, Research, and Information Order § 1208.520 Late payment and interest charges for past due assessments.

(a)A late payment charge shall be imposed on any handler or importer who fails to make timely remittance to the Council of the total assessments for which such handler or importer is liable. The late payment will be imposed on any assessments not received within 30 calendar days of the date they are due. This one-time late payment charge shall be 10 percent of the assessments due before interest charges have accrued.

(b)In addition to the late payment charge, 1 percent per month interest on the outstanding balance, including any late payment charge and accrued interest, will be added to any accounts for which payment has not been received by the Council within 30 calendar days after the date the assessments are due. Such interest will continue to accrue monthly until the outstanding balance is paid to the Council. Dated: August 3, 2015. Rex A. Barnes, Associate Administrator. [FR Doc. 2015-19325 Filed 8-5-15; 8:45 am]

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