Unknown. Final rule; technical amendment

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--- schema: federal-register doc_type: fedreg source_file: FR-2015-12-03.xml --- 80 232 Thursday, December 3, 2015 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Patient Safety Organization Delistings: Voluntary Relinquishment from Piedmont Clinic, Inc., 75679-75680 2015-30586 AIRFORCE Air Force Department NOTICES Meetings: Scientific Advisory Board, 75665 2015-30590 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare, Medicaid, and Children's Health Insurance Programs;

Provider Enrollment Application Fee Amount for Calendar Year 2016, 75680-75681 2015-30686 Coast Guard Coast Guard RULES Drawbridge Operations: English Kills, New York City, NY, 75636 2015-30587 Commerce Commerce Department See Industry and Security Bureau 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:

Daily Trade and Supporting Data Reports, 75663-75664 2015-30561 Consumer Product Consumer Product Safety Commission PROPOSED RULES Petition for Labeling Requirements Regarding Slip Resistance of Floor Coverings, 75639 2015-30440 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Safety Standard for Automatic Residential Garage Door Operators, 75664 2015-30571 Meetings; Sunshine Act, 75664-75665 2015-30695 Defense Department Defense Department See Air Force Department Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Emergency Preparedness and Response at the Pantex Plant, 75665-75673 2015-30562 Meetings;

Sunshine Act, 75665 2015-30624 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications: Meridian Medical Technologies, 75691 2015-30553 Mylan Pharmaceuticals, Inc., 75691 2015-30549 Mylan Technologies, Inc., 75688-75689 2015-30555 Importers of Controlled Substances; Registrations: Akorn, Inc., 75690 2015-30559 Fresenius Kabi USA, LLC, 75689 2015-30556 United States Pharmacopeial Convention, 75689-75690 2015-30552 Importers of Controlled Substances;

Registrations: Catalent CTS, LLC, 75692-75693 2015-30551 Manufacturers of Controlled Substances; Applications: Noramco, Inc., 75692 2015-30550 Organix, Inc., 75691-75692 2015-30554 Manufacturers of Controlled Substances; Registrations: Navinta, LLC, 75690 2015-30558 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: New Mexico;

Albuquerque-Bernalillo County; Infrastructure and Interstate Transport for the 2008 Lead National Ambient Air Quality Standards, 75636-75638 2015-30541 PROPOSED RULES Cross-State Air Pollution Rule Update for the 2008 Ozone National Ambient Air Quality Standards, 75706-75778 2015-29796 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 75677 2015-30663 Federal Aviation Federal Aviation Administration NOTICES Petitions for Exemption; Summaries, 75701-75702 2015-30573 2015-30574 Petitions for Exemption;

Summaries: United Airlines, Inc., 75700-75701 2015-30572 Federal Communications Federal Communications Commission NOTICES Wireless Telecommunications Bureau Clarification Procedures for Disbursing Reverse Auction Incentive Payments, 75677-75678 2015-30606 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Eastern Shore Natural Gas Co., 75674 2015-30570 Combined Filings, 75673, 75675-75677 2015-30566 2015-30567 2015-30568 2015-30569 Federal Highway Federal Highway Administration NOTICES Buy American Waivers, 75702-75703 2015-30601 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 75678 2015-30639 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 75678 2015-30579 Federal Transit Federal Transit Administration PROPOSED RULES Public Transportation Safety Certification Training Program, 75639-75656 2015-30466 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Migratory Bird Subsistence Harvest Household Survey, 75685-75686 2015-30557 Food and Drug Food and Drug Administration NOTICES Guidance:

Recommendations for Assessment of Blood Donor Suitability, Donor Deferral and Blood Product Management in Response to Ebola Virus, 75681-75683 2015-30589 General Services General Services Administration NOTICES World War One Centennial Commission: Opportunity to View Design Submissions for National World War I Memorial at Pershing Park, 75679 2015-30600 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bureau of Indian Education Tribal Colleges and Universities; Application for Grants and Annual Report Form; Correction, 75686 2015-30581 Industry Industry and Security Bureau RULES Wassenaar Arrangement Plenary Agreements Implementation and Country Policy Amendments; Correction, 75633-75636 2015-30253 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 NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

October Anniversary Dates, 75657-75660 2015-30604 Silicomanganese from India, 75660-75661 2015-30546 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 75688 2015-30634 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazardous Waste Operations and Emergency Response, 75693 2015-30576 Respirable Coal Mine Dust Sampling, 75694 2015-30577 The 1,2-Dibromo-3-Chloropropane Standard, 75694-75695 2015-30575 Land Land Management Bureau NOTICES Meetings:

California Desert District Advisory Council, 75686-75687 2015-30617 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75662-75663 2015-30583 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Gulf of Alaska Trawl Fishery, Rationalization Sociocultural Study, 75661-75662 2015-30622 National Park National Park Service NOTICES Environmental Impact Statements;

Availability, etc.: Acquisition of Florida Power and Light Co. Land in the East Everglades Expansion Area, 75687-75688 2015-30580 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Impaired Driving Prevention Month (Proc. 9373), 75779-75782 2015-30740 World AIDS Day (Proc. 9374), 75783-75784 2015-30741 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc, 75695-75699 2015-30608 State Department State Department NOTICES Delegation of Certain Authorities and Functions Under the International Organizations Immunities Act, 75700 2015-30547 Meetings:

Overseas Schools Advisory Council, 75699-75700 2015-30626 Re-Delegation of Certain Authorities and Functions Under the International Organizations Immunities Act, 75700 2015-30548 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration Customs U.S. Customs and Border Protection RULES List of Field Offices: Expansion of San Ysidro, CA Port of Entry to include the Cross Border Xpress User Fee facility;

Technical Amendment, 75631-75632 2015-30616 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Protest, 75683-75684 2015-30614 User Fees, 75684-75685 2015-30612 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Income, Asset and Employment Statement and Application for Veterans Pension; Correction, 75703 2015-30439 Separate Parts In This Issue Part II Environmental Protection Agency, 75706-75778 2015-29796 Part III Presidential Documents, 75779-75784 2015-30740 2015-30741 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. 80 232 Thursday, December 3, 2015 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 8 CFR PART 100 [CBP Dec. 15-17] Technical Amendment to List of Field Offices: Expansion of San Ysidro, California Port of Entry To Include the Cross Border Xpress User Fee Facility AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Final rule; technical amendment. SUMMARY: This document amends the Department of Homeland Security

(DHS)regulations by revising the list of field offices to expand the limits of the San Ysidro, California Class A port of entry to include the Cross Border Xpress

(CBX)user fee facility. Class A ports of entry are designated ports that process all aliens applying for admission into the United States. The CBX facility includes a pedestrian walkway connecting the Tijuana A.L. Rodriguez International Airport (Tijuana Airport) in Mexico to San Diego, California and a passenger terminal located in San Diego that will be used exclusively to process Tijuana Airport passengers traveling to and from the United States via the pedestrian walkway. DATES: This rule is effective on December 9, 2015, the date the CBX facility will open. FOR FURTHER INFORMATION CONTACT: Tara Ross, Office of Field Operations, *tara.ross@cbp.dhs.gov,* 202-344-1031. SUPPLEMENTARY INFORMATION: I. Background Ports of entry are places (seaports, airports, or land border ports) designated by the Secretary of the Department of Homeland Security where CBP officers or employees are assigned to accept entries of merchandise, clear passengers, collect duties, and enforce the various provisions of the customs and immigration laws, as well as other laws applicable at the border. The term “port of entry” is used in the Code of Federal Regulations

(CFR)in title 19 for customs purposes and in title 8 for immigration purposes. Subject to certain exceptions, all individuals entering the United States must present themselves to an immigration officer for inspection at a U.S. port of entry when the port is open for inspection. *See* 8 CFR 235.1. Customs and immigration services may also be provided by CBP officers at facilities that are designated as user fee facilities pursuant to 19 U.S.C. 58b. User fee facilities are approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers, including the processing of travelers entering the United States. The ports of entry for immigration purposes for aliens arriving by vessel and land transportation are listed in 8 CFR 100.4(a). These ports are listed according to location by districts and are designated as Class A, B, or C, which designates which aliens may use the port. Class A ports are those designated for all aliens. Class B and C ports are restricted to certain aliens. If the facility processes aliens for immigration purposes, the facility may be considered a port of entry for purposes of title 8 CFR. In such case, an amendment to 8 CFR 100.4(a) is necessary. 1 1 For customs purposes, CBP regulations list designated CBP ports of entry and the limits of each port in section 101.3(b)(1) of title 19 (19 CFR 101.3(b)(1)). User fee facilities are not considered ports of entry for purposes of 19 CFR 101.3(b)(1). Therefore, the designation of a user fee facility does not require an amendment to this provision. The Cross Border Express

(CBX)User Fee Facility On March 21, 2014, the Commissioner of CBP approved a request from Otay-Tijuana Venture, LLC for CBP to provide reimbursable inspection services, pursuant to 19 U.S.C. 58b, at a new cross-border user fee facility named “Cross Border Xpress” or CBX. 2 At this facility, CBP will provide a variety of inspection services, including immigration services. 2 On July 22, 2015, CBP issued a press release announcing the establishment of CBX as a user fee facility pursuant to 19 U.S.C. 58b. It also indicated that CBX would operate as a Class A port of entry. *See: http://www.cbp.gov/newsroom/national-media-release/2015-07-22-000000/cbp-partners-new-cross-border-terminal-cross.* The CBX facility was designed in accordance with U.S. and international security standards. It includes an enclosed pedestrian walkway connecting the Tijuana Airport in Mexico to San Diego, California and a passenger terminal located in San Diego that will be used exclusively to process ticketed Tijuana Airport passengers traveling to and from the United States via the walkway. The pedestrian walkway will be accessible only for ticketed Tijuana Airport passengers. Travelers with departing flights from the Tijuana Airport will use the CBX facility's north entrance in the United States to cross the international border into Mexico. To use the facility, these travelers must present a valid airline ticket for a flight departing from the Tijuana Airport in the next twenty-four hours and purchase a CBX bridge pass. Airline tickets and CBX passes may be purchased the same day at ticket windows at the north entrance. CBX passes may also be purchased online in advance. After being subject to inspection by CBP officers, travelers will use the pedestrian walkway to cross the international border. At the Tijuana Airport, travelers will be processed by Mexican immigration and customs authorities. After processing, the travelers will enter the Tijuana Airport for their departing flight. Travelers landing at the Tijuana Airport may use the CBX facility to apply for admission or entry to the United States. These travelers must purchase a CBX pass and use the CBX facility within four hours of their flight's arrival at the airport to apply for admission or entry to the United States. Passes may be purchased online in advance or at ticket counters at the Tijuana Airport. Travelers will be processed by Mexican immigration and customs authorities at the Tijuana Airport before entering the CBX facility. Travelers will use the CBX pedestrian walkway to cross the international border into the United States and then apply for admission or entry into the United States at the processing terminal where they will be subject to immigration, customs and agriculture inspection by CBP officers. CBP will process only pedestrians at the CBX facility. CBP will not process cargo, commercial entries, or vehicles. Expansion of San Ysidro, California Class A Port of Entry To Include the CBX User Fee Facility The port of San Ysidro, California is included within the San Diego district and is listed in 8 CFR 100.4(a) as a Class A port of entry. This rule amends 8 CFR. 100.4(a) to expand the San Ysidro Class A port of entry to include the CBX facility. II. Statutory and Regulatory Requirements A. Inapplicability of Public Notice and Delayed Effective Date Requirements Under section 553 of the Administrative Procedure Act

(APA)(5 U.S.C. 553), rulemaking generally requires prior notice and comment, and a 30-day delayed effective date, subject to specified exceptions. Pursuant to 5 U.S.C. 553(a)(2), matters relating to agency management or personnel are excepted from the requirements of section 553. This rule expands the San Ysidro Class A port of entry to include the CBX facility. CBP has already designated the CBX facility as a user fee facility pursuant to 19 U.S.C. 58b and has approved the request for CBP officers to provide reimbursable inspection services at the CBX facility to Tijuana airport travelers entering and departing the United States at the CBX facility. Otay-Tijuana Venture, LLC, the operator of the facility, will reimburse CBP for the expenses CBP incurs, including the salary and expenses of CBP officers that will provide the CBP services, in accordance with the approved request. The approved request to provide such services, and the update to the list of the Class A ports of entry to reflect this approved request directly relates to CBP's operations and agency management and personnel. As such, CBP finds that this rule pertains to a matter relating to agency management or personnel within 5 U.S.C 553(a)(2) which is excepted from the prior notice and comment and delayed effective date requirements of section 553. Additionally, as provided in 5 U.S.C. 553(b)(3)(A), the prior notice and comment requirements do not apply when agencies promulgate rules concerning agency organization, procedure, or practice. This rule falls within that category. As discussed above, on March 21, 2014, the CBP Commissioner approved the request from Otay-Tijuana Venture, LLC for CBP to provide inspection services at the new CBX facility pursuant to 19 U.S.C. 58b. The designation of the CBX as a user fee facility means that CBP will be providing agency personnel at the facility, pursuant to the approved request, to process travelers for application for admission or entry into and departure from the United States. This rule, which updates the list of Class A ports of entry in 8 CFR 100.4(a) to include the CBX facility within the San Ysidro port of entry, simply makes the necessary amendments to section 100.4(a) to implement the CBP Commissioner's decision to designate the CBX facility as a user fee facility. It is a procedural or organizational rule that does not have a substantial impact on the user fee facility or on the public. For this reason, CBP finds that this is a rule of agency organization, procedure, or practice, which is not subject to notice and comment rulemaking pursuant to § 553(b)(3)(A). B. The Regulatory Flexibility Act and Executive Orders 12866 and 13563 Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. This amendment does not meet the criteria for a “significant regulatory action” as specified in Executive Order 12866, as supplemented by Executive Order 13563. C. The National Environmental Policy Act of 1969 In 2009, the Otay-Tijuana Venture, LLC applied to the Department of State

(DOS)for a Presidential Permit pursuant to Executive Order 11423, as amended, which authorizes the Secretary of State to issue Presidential permits for the construction, connection, operation, and maintenance of facilities at the borders of the United States if he or she finds them to be in the national interest. In support of its application for a Presidential permit, Otay-Tijuana Venture, LLC submitted a draft environmental assessment

(EA)prepared under the guidance and supervision of DOS, consistent with the National Environmental Policy Act (NEPA). This EA examined the effects on the natural and human environment associated with the construction and establishment of the facility. On December 29, 2009, DOS provided public notice of the draft EA in the **Federal Register** (74 FR 68906) and invited public comment for 45 days. On July 23, 2010, DOS published a notice in the **Federal Register** (75 FR 43225) announcing that it adopted the EA and issued a “Finding of No Significant Impact” concluding that the CBX facility would not result in a significant impact on the human and natural environment. On August 10, 2010, DOS published a notice in the **Federal Register** (75 FR 48408) announcing the issuance of a Presidential permit, effective August 3, 2010, to Otay-Tijuana Venture, LLC for the construction, operation, and maintenance of the CBX facility. D. Signing Authority The signing authority for this document falls under 19 CFR 0.2(a) because the establishment of this title 8 Class A Port of Entry is not within the bounds of those regulations for which the Secretary of the Treasury has retained sole authority. Accordingly, this rule may be signed by the Secretary of Homeland Security (or his delegate). List Of Subjects in 8 CFR Part 100 Organization and functions (Government agencies). Amendments to Regulations For the reasons set forth above, part 100 of title 8 of the Code of Federal Regulations (8 CFR part 100) is amended as set forth below. PART 100—STATEMENT OF ORGANIZATION 1. The authority citation for part 100 continues to read as follows: Authority: 8 U.S.C. 1103; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458); 8 CFR part 2. § 100.4 [Amended] 2. Amend § 100.4 in paragraph (a), under the heading “District No. 39-San Diego, California”, subheading, “Class A”, add “(including the Cross Border Xpress

(CBX)facility)” after “San Ysidro, CA”. Dated: November 30, 2015. Jeh Charles Johnson, Secretary. [FR Doc. 2015-30616 Filed 12-2-15; 8:45 am]

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