Unknown. Final rule

5,248 words·~24 min read·/register/2015/12/24/2015-32448

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2015-12-24.xml --- 80 247 Thursday, December 24, 2015 Contents Agricultural Marketing Agricultural Marketing Service RULES Paper and Paper-Based Packaging Promotion, Research and Information Order; Late Payment and Interest Charges on Past Due Assessments, 80207-80209 2015-32448 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Rural Utilities Service Consumer Financial Protection Bureau of Consumer Financial Protection RULES 2013 Integrated Mortgage Disclosures Rule Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z);

Correction, 80228-80232 2015-32463 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80317-80319 2015-32374 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ANA Project Outcomes Assessment Survey, 80363-80364 2015-32351 Coast Guard Coast Guard RULES Drawbridge Operations: Annisquam River and Blynman Canal, Gloucester, MA, 80266 2015-32446 Arthur Kill, Staten Island, NY, 80265-80266 2015-32447 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Credit Commodity Credit Corporation NOTICES Domestic Sugar Program:

Overall Allotment Quantity and Marketing Allotments, 80312-80315 2015-32456 Commodity Futures Commodity Futures Trading Commission RULES Records of Commodity Interest and Related Cash or Forward Transactions, 80247-80257 2015-32416 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Records of Commodity Interest and Related Cash or Forward Transactions, 80327-80329 2015-32417 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Risk Management Guidance for Higher Loan-to-Value Lending in Communities Targeted for Revitalization, 80458-80461 2015-32376 Defense Department Defense Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80329-80330 2015-32350 2015-32518 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications: Almac Clinical Services Incorp, 80387 2015-32367 Importers of Controlled Substances;

Registrations: Alltech Associates, Inc., 80386-80387 2015-32370 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Performance Report for the Gaining Early Awareness for Undergraduate Programs, 80346-80347 2015-32337 William D. Ford Federal Direct Loan Program General Forbearance Request, 80347 2015-32434 Applications for New Awards: Educational Technology, Media, and Materials for Individuals with Disabilities--Captioned and Described Educational Media, 80339-80346 2015-32508 Privacy Act;

Systems of Records, 80331-80339 2015-32501 Employment and Training Employment and Training Administration PROPOSED RULES Apprenticeship Programs: Equal Employment Opportunity; Extension of Comment Period, 80307-80308 2015-32310 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Form ETA-9142A, H-2A Application for Temporary Employment Certification, and Appendix A, Revision, 80387-80388 2015-32380 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program:

Test Procedures for Ceiling Fan Light Kits, 80209-80228 2015-32283 NOTICES Environmental Impact Statements; Availability, etc.: Preferred Alternative for Certain Quantities of Plutonium Evaluated in the Final Surplus Plutonium Disposition Supplemental, 80348-80349 2015-32440 Meetings: President's Council of Advisors on Science and Technology, 80347-80348 2015-32441 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Proposed Upper Llagas Creek Project Flood Protection Project in Santa Clara County, CA, 80330-80331 2015-32458 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances:

Propiconazole on Tea, 80269-80275 2015-32328 Spinetoram, 80275-80283 2015-32329 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80357-80361 2015-32515 2015-32516 Draft Integrated Science Assessments: Sulfur Oxides, Health Criteria, 80359 2015-32511 Electronic Reporting; Availability: Federal Air Rules for Reservations Online Reporting System, 80359-80360 2015-32510 Environmental Impact Statements; Availability, etc., 80357 2015-32418 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 80239-80242 2015-31714 Bombardier, Inc. Airplanes, 80236-80239 2015-31604 The Boeing Company Airplanes, 80234-80236, 80242-80247 2015-30881 2015-31715 PROPOSED RULES Airworthiness Directives: B-N Group Ltd. Airplanes, 80291-80293 2015-31850 Bombardier, Inc. Airplanes, 80293-80295 2015-32085 Fokker Services B.V. Airplanes, 80299-80301 2015-32086 Gulfstream Aerospace Corporation Airplanes, 80295-80299 2015-30810 Establishment of Class E Airspace: Danville, AR, 80301-80302 2015-32157 NOTICES Release of Airport Property:

Lake Murray State Park Airport, Ardmore, OK, 80442-80443 2015-32459 Federal Communications Federal Communications Commission RULES Modernizing the E-rate Program for Schools and Libraries, 80283 2015-32321 NOTICES Deletion of Items from Open Meeting Agenda, 80361-80362 2015-32461 Meetings: Public Safety and Homeland Security Bureau Task Force on Optimal Public Safety Answering Point Architecture, 80362 2015-32373 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Ownership Information in Market-Based Rate Filings, 80302-80307 2015-32273 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80355-80357 2015-32131 Applications: Swan Lake North Hydro LLC, 80349-80350 2015-32405 Combined Filings, 80350-80353 2015-32399 2015-32400 Commission Half-Day Closing, 80351 2015-32404 Draft Guidance Manual for Environmental Report Preparation, 80353-80354 2015-32398 Environmental Assessments; Availability, etc.: Tennessee Gas Pipeline Company, LLC; Broad Run Expansion Project, 80354 2015-32403 Environmental Impact Statements; Availability, etc.:

Southeast Market Pipelines Project, Florida Southeast Connection, Transcontinental Gas Pipe Line Co.;and Sabal Trail Transmission, LLC, 80354-80355 2015-32402 Federal Housing Finance Agency Federal Housing Finance Agency RULES Technical Amendments: FHFA Address and Zip Code Change, 80232-80234 2015-32199 Federal Maritime Federal Maritime Commission NOTICES Agreements Files, 80362-80363 2015-32322 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 80363 2015-32556 Federal Motor Federal Motor Carrier Safety Administration NOTICES Annual Random Controlled Substances Testing Percentage Rate for Calendar Year 2016, 80446-80447 2015-32364 Meetings:

Potential Benefits and Feasibility of Voluntary Compliance, 80447-80449 2015-32358 Qualification of Drivers; Exemption Applications: Vision, 80443-80446 2015-32362 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 80449-80453 2015-32449 2015-32450 2015-32451 2015-32452 2015-32453 2015-32454 2015-32455 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 80363 2015-32437 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 80363 2015-32436 Financial Crimes Financial Crimes Enforcement Network PROPOSED RULES Regulatory Impact Assessment and Initial Regulatory Flexibility Analysis Regarding the Customer Due Diligence Requirements for Financial Institutions, 80308-80310 2015-32378 Fiscal Fiscal Service RULES Regulations Governing United States Savings Bonds, 80258-80265 2015-32488 NOTICES Surety Companies Acceptable on Federal Bonds:

National Fire and Marine Insurance Company, Berkshire Hathaway Homestate Insurance Company, 80461-80462 2015-32474 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Native Species That Are Candidates for Listing as Endangered or Threatened; Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions, 80584-80614 2015-32284 Food and Drug Food and Drug Administration NOTICES Guidance: Deviation Reporting for Human Cells, Tissues, and Cellular and Tissue-Based Products, 80364-80365 2015-32323 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 80462 2015-32379 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Child Care and Development Fund Program, 80466-80582 2015-31883 Health Resources Health Resources and Services Administration NOTICES Health Center Program, 80365-80366 2015-32355 Petitions Received:

National Vaccine Injury Compensation Program, 80366-80368 2015-32371 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection NOTICES Best Practices for Protecting Privacy, Civil Rights and Civil Liberties in Unmanned Aircraft Systems Programs, 80380-80381 2015-32410 Housing Housing and Urban Development Department RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: Conforming Amendments; Correction, 80257-80258 2015-32470 NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 80381 2015-32372 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Osage County Oil and Gas; Management of Osage Nation Oil and Gas Resources, Osage County, OK, 80381 2015-32505 Indian Health Indian Health Service NOTICES Funding Availability: Indian Health Professions Preparatory, Indian Health Professions Pre-Graduate and Indian Health Professions Scholarship Programs, 80370-80375 2015-32352 Loan Repayment Program for Repayment of Health Professions Educational Loans, 80368-80370 2015-32354 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80462-80463 2015-32357 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Pasta from Italy, 80320 2015-32472 Polyester Staple Fiber from the People's Republic of China, 80319 2015-32462 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Melamine from China and Trinidad and Tobago, 80386 2015-32397 Meetings;

Sunshine Act, 80386 2015-32554 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration See Veterans Employment and Training Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Placement Verification and Follow Up of Job Corps Participants, 80389-80390 2015-32377 Solicitation of Nominations for the Iqbal Masih Award for the Elimination of Child Labor, 80388-80389 2015-32336 Land Land Management Bureau NOTICES Intention to Relinquish Lands Withdrawn for Military Purposes:

California, 80383 2015-32563 Temporary Closure on Public Lands: Riverside County, CA, 80382 2015-32560 Transfer of Administrative Jurisdiction: Public Land Order No. 7846; Chocolate Mountain Aerial Gunnery Range; California, 80382-80383 2015-32561 Legal Legal Services Corporation NOTICES Compliance Supplement for Audits of LSC Recipients, 80394 2015-32433 Maritime Maritime Administration NOTICES Deepwater Port License Application: Delfin LNG LLC, Delfin LNG Deepwater Port, 80455-80456 2015-32349 Liberty Natural Gas LLC, Port Ambrose Deepwater Port;

Withdrawal of Application and Termination of Federal Application Review Process, 80454-80455 2015-32348 National Institute National Institutes of Health NOTICES Meetings: National Center for Complementary and Integrative Health, 80375-80376 2015-32395 Office of the Director, 80376 2015-32396 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 80290 2015-32444 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Amendment 28, 80310-80311 2015-32445 NOTICES 2016 Annual Determination to Implement the Sea Turtle Observer Requirement, 80323-80324 2015-32425 Meetings: New England Fishery Management Council, 80324-80325 2015-32432 Takes of Marine Mammals: Seabird Research Activities in Central California, 2015-2016, 80321-80323 2015-32409 National Park National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Centennial National Household Survey, 80384-80385 2015-32420 National Register of Historic Places: Pending Nominations and Related Action, 80383-80384 2015-32375 National Science National Science Foundation NOTICES Permit Applications under the Antarctic Conservation Act, 80394-80395 2015-32438 2015-32439 National Transportation National Transportation Safety Board RULES Rules of Practice in Transportation: Investigative Hearings; Meetings;

Reports; and Petitions for Reconsideration, 80284-80290 2015-32264 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Combined License Applications: Bell Bend, LLC; Bell Bend Nuclear Power Plant, 80398-80400 2015-32512 Containment Shell or Liner Moisture Barrier Inspection, 80401-80402 2015-32338 Draft Regulatory Guides: Making Changes to Emergency Plans for Nuclear Power Reactors, 80396-80398 2015-32413 Operating Philosophy for Maintaining Occupational Radiation Exposures as Low as is Reasonably Achievable, 80395-80396 2015-32414 Meetings;

Sunshine Act, 80403 2015-32635 Spent Fuel Transportation Package Response to the MacArthur Maze Fire Scenario, 80400-80401 2015-32514 Spent Fuel Transportation Package Response to the Newhall Pass Fire Scenario, 80402-80403 2015-32513 Patent Patent and Trademark Office RULES International Trademark Classification Changes, 80266-80269 2015-32467 NOTICES Extension of the Extended Missing Parts Pilot Program, 80325-80327 2015-32469 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Random Drug Testing Rate:

Contractor Management Information System Reporting; and Obtaining Drug and Alcohol Management Information System Sign-In Information, 80456-80457 2015-32359 Requests for Special Permits, 80457-80458 2015-32487 Presidential Documents Presidential Documents PROCLAMATIONS Trade: African Growth and Opportunity Act; Beneficiary Country Designations (Proc. 9383), 80615-80633 2015-32679 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80315-80316 2015-32442 2015-32443 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80423-80424 2015-32392 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 80428-80430 2015-32384 BATS Y-Exchange, Inc., 80420-80422 2015-32385 ICE Clear Europe, Ltd., 80414-80416 2015-32390 Miami International Securities Exchange, LLC, 80425-80428 2015-32387 NASDAQ OMX BX, Inc., 80408-80414, 80432-80440 2015-32388 2015-32389 NASDAQ OMX PHLX, LLC, 80403-80408, 80416-80419 2015-32383 2015-32391 NYSE Arca, Inc., 80430-80432 2015-32386 The Options Clearing Corp., 80422-80423 2015-32382 Suspension of Trading Orders:

Bioject Medical Technologies, Inc., Black Castle Developments Holdings, Inc. (n/k/a ingXabo Corporation), 80440-80441 2015-32575 Bravo Resource Partners, Ltd., First Potash Corp., HIP Energy Corp., et al., 80424-80425 2015-32576 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80441 2015-32466 Interest Rates, 80441 2015-32464 Surrender of License, 80441 2015-32465 State Department State Department NOTICES Re-Delegations of Authority:

Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, 80442 2015-32486 Re-Delegations of Immunity: Judicial Seizure Authorities, 80442 2015-32502 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80376-80378 2015-32415 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80385-80386 2015-32423 Tennessee Tennessee Valley Authority NOTICES Meetings:

Regional Energy Resource Council, 80442 2015-32421 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Comptroller of the Currency See Financial Crimes Enforcement Network See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Holders or Containers, Which Enter the United States Duty Free, 80380 2015-32468 Meetings: Advisory Committee on Commercial Operations to U.S. Customs and Border Protection, 80378-80379 2015-32424 Veterans Employment Veterans Employment and Training Service NOTICES Fiscal Year

(FY)2016 through FY 2017 Stand Down Grant Requests, 80390-80394 2015-32406 Separate Parts In This Issue Part II Health and Human Services Department, 80466-80582 2015-31883 Part III Interior Department, Fish and Wildlife Service, 80584-80614 2015-32284 Part IV Presidential Documents, 80615-80633 2015-32679 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. 80 247 Thursday, December 24, 2015 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1222 [Document Number AMS-FV-14-0082] Paper and Paper-Based Packaging 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 Paper and Paper-Based Packaging Promotion, Research and Information Order (Order). The Order is administered by the Paper and Packaging Board (Board) with oversight by the U.S. Department of Agriculture (USDA). Under the Order, assessments are collected from manufacturers and importers and used for projects to promote paper and paper-based packaging. This rule implements the authority contained in the Order that allows the Board to collect late payment and interest charges on past due assessments. Two additional changes are being made to reflect current practices and update the Order and regulations. This action contributes to effective administration of the program and was unanimously recommended by the Board. DATES: *Effective Date:* January 25, 2016. FOR FURTHER INFORMATION CONTACT: Marlene Betts, Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone:

(202)720-9915; or electronic mail: *Marlene.Betts@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under the Order (7 CFR part 1222). 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 would 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 a 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, the 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 Board with oversight by USDA. Under the Order, assessments are collected from manufacturers and importers and used for projects to promote paper and paper-based packaging. This rule implements authority contained in the Order and the 1996 Act that allows the Board to collect late payment and interest charges on past due assessments. This action was unanimously recommended by the Board and will contribute to the effective administration of the program. Section 1222.52(a) of the Order specifies that the Board's programs and expenses shall be paid by assessments on manufacturers and importers and other income or funds available to the Board. Paragraph

(g)of that section specifies further that when a manufacturer or importer fails to pay the assessment within 60 calendar days of the date it is due, the Board may impose a late payment charge and interest. The late payment charge and rate of interest must be prescribed in regulations issued by the Secretary. All late assessments will be subject to the specified late payment charge and interest. The Order became effective on January 23, 2014. Assessment collection began on March 1, 2014. Manufacturers and importers must pay their assessments owed to the Board by the 30th calendar day of the month following the end of the quarter in which the paper and paper-based packaging was manufactured or imported. For example, assessments for paper manufactured or imported during the months of January, February and March are due to the Board by April 30. Entities that domestically manufacture or import to the United States less than 100,000 short tons of paper and paper-based packaging in a year are exempt from paying assessments. If an entity is both a manufacturer and an importer, the entity's combined quantity of paper and paper-based packaging manufactured and imported during a marketing year counts toward the 100,000 short ton exemption. Assessment funds are used for promotion activities that are intended to benefit all industry members. Entities who fail to pay their assessments on time could reap the benefits of Board programs at the expense of others. In addition, they could utilize funds for their own use that should otherwise be paid to the Board to finance Board programs. Thus, it is important that all assessed entities pay their assessments in a timely manner. Board Recommendation At a meeting held September 25, 2014, the Board unanimously recommended implementing the Order authority regarding late payment and interest charges. Specifically, the Board recommended that a late payment charge be imposed on any manufacturer or importer who fails to make timely remittance to the Board of the total assessments for which such manufacturer or importer is liable. The late payment charge will be imposed on any assessments not received within 60 calendar days of the date they are due. This one-time late payment charge will be equal to 10 percent of the assessments due before interest charges have accrued. The Board also recommended that an interest rate of 1 1/2 percent per month be added to the outstanding balance, including any late payment charge and accrued interest, of any accounts for which payment has not been received within 60 calendar days after the assessments are due. Interest will continue to accrue monthly until the outstanding balance is paid to the Board. This action is expected to 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. Accordingly, a new Subpart C is added to the Order for provisions implementing the paper and paper-based packaging Order, and a new § 1222.520 is added to Subpart C. This rule also makes two additional changes to the Order. This rule will revise the term “Board” as defined in § 1222.2 from the Paper and Paper-Based Packaging Board to the Paper and Packaging Board. This change will simplify the term and bring the Order in line with current industry use. Conforming changes will also be made to § 1222.40(a) and the heading immediately prior to this section where the term is also referenced. In addition, in § 1222.108, the OMB control number will be changed from 0581-NEW to 0581-0281, 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 (manufacturers and importers) as those having annual receipts of no more than $7.0 million. According to the Board, there are 69 manufacturers in the United States that produce the types of paper and paper-based packaging covered under the Order. Using an average price of $806 per short ton, 1 a manufacturer who produces less than about 8,680 short tons of paper and paper-based packaging per year would be considered a small entity. It is estimated that no more than four manufacturers produced less than 8,680 short tons per year. Thus, the majority of manufacturers would not be considered small businesses. 1 Industry sources do not publish information on average price for paper and paper-based packaging. A reasonable estimate for average price of paper and paper-based packaging is the value per ton of paper and paper-based packaging exports. According to U.S. Census data, the average value of paper and paper-based packaging exports in 2014 was approximately $806 per short ton. Based on U.S. Customs and Border Protection (Customs) data, it is estimated that in 2014 there were 2,800 importers of paper and paper-based packaging. Ninety importers, or about 3 percent, imported more than $7.0 million worth of paper and paper-based packaging. Thus, the majority of importers would be considered small entities. However, all of the 20 entities that imported 100,000 short tons or more (the Order's exemption threshold) also imported more than $7.0 million worth of paper and paper-based packaging. Therefore, none of the 20 importers covered under the Order would be considered small businesses. Based on domestic production of approximately 66.1 million short tons in 2014 and an average price of $806 per short ton, the domestic paper and paper-based packaging industry is valued at approximately $53.3 billion. According to Customs data, the value of paper and paper-based packaging imports in 2014 was about $5.9 billion. This rule prescribes late payment and interest charges on past due assessments under the Order. The Order is administered by the Board with oversight by USDA. Under the Order, assessments are collected from manufacturers and importers and used for projects to promote paper and paper-based packaging. This rule will add a new § 1222.520 that will specify a late payment charge of 10 percent of the assessments due and interest at a rate of 1 1/2 percent per month on the outstanding balance, including any late payment charge and accrued interest. This section will be included in a new Subpart C—Provisions for Implementing the Paper and Paper-Based Packaging Promotion, Research and Information Order. This action was unanimously recommended by the Board and is authorized under § 1222.52(g) of the Order and section 517(e) of the 1996 Act. In addition, two additional changes are being made to reflect current practices and update the Order and regulations. These changes are:

(1)Revising the name of the Board from the Paper and Paper-Based Packaging Board to the Paper and Packaging Board; and

(2)the OMB control number will be changed from 0581-NEW to 0581-0281, the control number assigned by the OMB. Regarding the economic impact of this rule on affected entities, this action imposes no costs on manufacturers 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 domestically manufacture or import less than 100,000 short tons annually. It is estimated that 24 out of the 69 domestic manufacturers, or 35 percent, produce less than 100,000 short tons per year and are thus exempt from paying assessments under the Order. Of the 2,800 importers of paper and paper packaging, it is estimated that 2,780, or 99 percent, import less than 100,000 short tons per year and are also exempt from paying assessments. Thus, about 45 domestic manufacturers and 20 importers pay assessments under the Order. The alternative to this action would be to maintain the status quo and not impose late payment and interest charges on past due assessments. However, the Board determined that implementing these charges will help facilitate program administration by encouraging entities to pay their assessments in a timely manner. The Board reviewed the late payment and interest charges applied by other research and promotion programs and concluded that a 10 percent late payment charge and interest at a rate of 1 1/2 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 previously under OMB control number 0581-0281. This rule will not result in a change to the information collection and recordkeeping requirements previously approved and will impose no additional reporting and recordkeeping burden on manufacturers and importers of paper and paper-based packaging. As with all Federal promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. 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 Board met on September 25, 2014, and unanimously made its recommendation. The Board's meetings, including meetings held via teleconference, are open to the public and interested persons are invited to participate and express their views. A proposed rule concerning this action was published in the **Federal Register** on August 19, 2015 (80 FR 50225). The proposal was made available through the Internet by USDA and the Office of the Federal Register. A 60-day comment period ending October 19, 2015, was provided to allow interested persons to submit comments. One comment was received in favor of implementing the late payment and interest charges. After consideration of all relevant matters presented, including the information and recommendation submitted by the Board 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 1222 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Paper and paper-based packaging promotion, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 1222 is amended as follows: PART 1222—PAPER AND PAPER-BASED PACKAGING PROMOTION, RESEARCH AND INFORMATION ORDER 1. The authority citation for 7 CFR part 1222 continues to read as follows: Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401. 2. Section 1222.2 is revised to read as follows: § 1222.2 Board. *Board* means the Paper and Packaging Board established pursuant to § 1222.40, or such other name as recommended by the Board and approved by the Department. 3. Revise the undesignated center heading preceding § 1222.40 to read as follows: Paper and Packaging Board 4. Amend § 1222.40 by revising the first sentence of paragraph

(a)to read as follows: § 1222.40 Establishment and membership.

(a)*Establishment of the Board.* There is hereby established a Paper and Packaging Board to administer the terms and provisions of this Order. * * * 5. Section 1222.108 is revised to read as follows: § 1222.108 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 0581-0281 and 0505-0001. 6. Add Subpart C, consisting of § 1222.520, to read as follows: Subpart C—Provisions Implementing the Paper and Paper-Based Packaging Promotion, Research and Information Order Sec. 1222.520 Late payment and interest charges for past due assessments. § 1222.520 Late payment and interest charges for past due assessments.

(a)A late payment charge shall be imposed on any manufacturer or importer who fails to make timely remittance to the Board of the total assessments for which such manufacturer or importer is liable. The late payment shall be imposed on any assessments not received within 60 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 1/2 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 Board within 60 calendar days after the assessments are due. Such interest will continue to accrue monthly until the outstanding balance is paid to the Board. Dated: December 21, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-32448 Filed 12-23-15; 8:45 am]

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