Unknown. Affirmation of interim rule as final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-04-18.xml --- 81 74 Monday, April 18, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22605-22606 2016-08856 Agricultural Marketing Agricultural Marketing Service RULES Exemption Requirements: Tart Cherries Grown in Michigan, etc., 22511-22513 2016-08834 Specialty Crop Block Grant Program: Removal, 22513-22514 2016-08832 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Utilities Service Antitrust Division Antitrust Division NOTICES Membership Changes under the National Cooperative Research and Production Act:

Advanced Media Workflow Association, Inc., 22633-22634 2016-08804 IMS Global Learning Consortium, Inc., 22633 2016-08803 Civil Rights Civil Rights Commission NOTICES Meetings: Alaska State Advisory Committee, 22573-22574 2016-08793 California State Advisory Committee, 22572-22573 2016-08838 Hawai'i State Advisory Committee, 22573 2016-08839 New Mexico Advisory Committee, 22574 2016-08840 Coast Guard Coast Guard RULES Drawbridge Operations: Isle of Wight (Sinepatuxent) Bay, Ocean City, MD, 22546-22547 2016-08896 Special Local Regulations:

Daytona Beach Grand Prix of the Seas; Atlantic Ocean, Daytona Beach, FL, 22544-22546 2016-08875 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22702-22707 2016-08892 Defense Department Defense Department See Engineers Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Accident Prevention Plans and Recordkeeping, 22603-22604 2016-08870 Central Contractor Registration, 22604-22605 2016-08872 Taxpayer Identification Number Information, 22601-22602 2016-08871 Use of Project Labor Agreements for Federal Construction Projects, 22602-22603 2016-08873 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Registrations: Johnson Matthey, Inc., 22638 2016-08847 Meridian Medical Technologies, 22638 2016-08844 Research Triangle Institute, 22634-22638 2016-08842 Manufacturers of Controlled Substances;

Registrations: Cody Laboratories, Inc., 22634 2016-08843 Education Department Education Department PROPOSED RULES Proposed Priorities: Enhanced Assessment Instruments, 22550-22555 2016-08726 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application Package for Strengthening Historically Black Graduate Institutions, 22584-22585 2016-08849 Meetings: National Advisory Council on Indian Education, 22583-22584 2016-08929 Employment and Training Employment and Training Administration NOTICES Funding Availability:

Workforce Innovation and Opportunity Act Allotments; Wagner-Peyser Act Final Allotments and Workforce Information Grants, 22640-22648 2016-08747 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Determination of Portable Air Conditioners as a Covered Consumer Product, 22514-22520 2016-08891 PROPOSED RULES Energy Conservation Standards: Meeting of Appliance Standards and Rulemaking Federal Advisory Committee Dedicated Purpose Pool Pumps Working Group, 22548 2016-08886 NOTICES Authorizations to Export Liquefied Natural Gas:

SeaOne Gulfport, LLC, 22585-22586 2016-08884 Engineers Engineers Corps NOTICES National Wetland Plant List, 22580-22583 2016-08917 Environmental Protection Environmental Protection Agency PROPOSED RULES Aquatic Life Criteria for Copper and Cadmium in Oregon, 22555-22566 2016-08038 Protection of Stratospheric Ozone: Proposed New Listings of Substitutes; Changes of Listing Status; and Reinterpretation of Unacceptability for Closed Cell Foam Products, etc., 22810-22909 2016-08163 Federal Aviation Federal Aviation Administration NOTICES Requests to Release Airport Properties:

Hebron Municipal Airport, Hebron, NE, 22700 2016-08902 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22592-22594 2016-08889 2016-08890 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22702-22707 2016-08892 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 22594 2016-09035 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Wisconsin Public Service Corp., 22589-22590 2016-08861 Availability of FY 2015 Service Contract Inventories and Supplemental Data, 22586-22587 2016-08863 Environmental Assessments; Availability, etc.: Deschutes Valley Water District, 22589 2016-08859 Northern Natural Gas Co.; Northern Lights 2017 Expansion Project, 22590-22592 2016-08862 Hydroelectric Applications: Hawks Nest Hydro, LLC, 22587-22588 2016-08858 Preliminary Permit Applications: Energy Resources USA Inc., 22588-22589 2016-08860 Technical Memoranda:

Yuba County Water Agency, 22589 2016-08857 Federal Housing Finance Agency Federal Housing Finance Agency RULES Orders: Reporting by Regulated Entities of Stress Testing Results as of December 31, 2015; Summary Instructions and Guidance, 22520 2016-08903 Federal Maritime Federal Maritime Commission NOTICES Meetings; Sunshine Act, 22594 2016-09002 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22702-22707 2016-08892 Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 22594-22595 2016-08809 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 22595 2016-08808 2016-08906 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 22595 2016-08999 Federal Trade Federal Trade Commission NOTICES Enforcement Policy Statement on Deceptively Formatted Advertisements, 22596-22601 2016-08813 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Listing of the West Coast Distinct Population Segment of Fisher; Withdrawal, 22710-22808 2016-08288 Food and Drug Food and Drug Administration RULES Cardiovascular Devices: External Pacemaker Pulse Generator Devices; Pacing System Analyzers; Reclassifications, 22525-22530 2016-08898 New Animal Drugs: Approval of New Animal Drug Applications; Changes of Sponsorship, 22520-22525 2016-08827 PROPOSED RULES Fixed-Combination and Co-Packaged Drugs: Applications for Approval and Combinations of Active Ingredients under Consideration for Inclusion in an Over-the-Counter Monograph, 22549 2016-08888 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Medical Devices; Inspection by Accredited Persons Program, 22619-22620 2016-08893 Draft Guidance for Industry: Facility Definition under the Federal Food, Drug, and Cosmetic Act, 22611-22612 2016-08878 Hospital and Health System Compounding under the Federal Food, Drug, and Cosmetic Act, 22610-22611 2016-08879 Prescription Requirement the Federal Food, Drug, and Cosmetic Act, 22617-22619 2016-08877 Guidance: Radiation Biodosimetry Medical Countermeasure Devices, 22615-22617 2016-08899 Meetings:

International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use, 22614-22615 2016-08880 Patient-Focused Drug Development for Neuropathic Pain Associated with Peripheral Neuropathy, 22606-22608 2016-08881 New Drug Applications: AbbVie Inc., et al., Coadministration with Statins; Niacin Extended-Release Tablets and Fenofibric Acid Delayed-Release Capsules; Withdrawal, 22612-22613 2016-08887 AbbVie Inc.; ADVICOR and SIMCOR; Withdrawal, 22608-22609 2016-08894 Tobacco Farm Site Tours Program, 22620-22621 2016-08900 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Proposed Production Activities:

Canon Virginia, Inc. Subzone 20D, Newport News, VA, 22575 2016-08908 Samsung Austin Semiconductor, LLC Subzone 183B, Austin, TX, 22575 2016-08909 Forest Forest Service NOTICES Meetings: Forest Resource Coordinating Committee, 22567 2016-08805 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accident Prevention Plans and Recordkeeping, 22603-22604 2016-08870 Central Contractor Registration, 22604-22605 2016-08872 Taxpayer Identification Number Information, 22601-22602 2016-08871 Use of Project Labor Agreements for Federal Construction Projects, 22602-22603 2016-08873 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22621 2016-08802 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Charter Renewals: Housing Counseling Federal Advisory Committee, 22627 2016-08866 Industry Industry and Security Bureau NOTICES Denials of Export Privileges: Alexandre Astakhov, 22576-22577 2016-08919 Paweena Pechner a.k.a.

Paweena Montasood, 22575-22576 2016-08920 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Country-by-Country Reporting; Hearing, 22549-22550 2016-08882 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Calcium Hypochlorite from the People's Republic of China, 22577-22578 2016-08907 Narrow Woven Ribbons with Woven Selvedge from Taiwan, 22578-22579 2016-08904 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Laser Abraded Denim Garments, 22632-22633 2016-08845 Tissue Paper Products from China, 22632 2016-08797 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Privacy Act; Systems of Records, 22639 2016-08836 Requests for Nominations: National Commission on Forensic Science, 22639-22640 2016-08926 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Continental Divide-Creston Natural Gas Development Project, Wyoming, 22628-22630 2016-09010 Realty Actions: Recreation and Public Purposes Act Classification, Clark County, NV, 22627-22628 2016-08895 Maritime Maritime Administration NOTICES Marine Highway Projects Open Season, 22700-22702 2016-08918 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22648 2016-08851 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Accident Prevention Plans and Recordkeeping, 22603-22604 2016-08870 Central Contractor Registration, 22604-22605 2016-08872 Taxpayer Identification Number Information, 22601-22602 2016-08871 Use of Project Labor Agreements for Federal Construction Projects, 22602-22603 2016-08873 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22649-22650 2016-08876 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Account Based Disclosures, 22648-22649 2016-08874 Meetings; Sunshine Act, 22650 2016-09039 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 22650-22651 2016-08790 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Highway National Highway Traffic Safety Administration NOTICES Motor Vehicle Defect Petitions;

Denials, 22702 2016-08852 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 22622 2016-08800 National Heart, Lung, and Blood Institute, 22621-22622 2016-08801 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Species: Takes of Anadromous Fish, 22580 2016-08905 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Channel Islands National Park General Management Plan/Wilderness Study, Santa Barbara County, CA, 22631-22632 2016-08841 Cottonwood Cove and Katherine Landing, Lake Mead National Recreation Area, NV and AZ, 22630-22631 2016-08837 National Science National Science Foundation NOTICES Meetings:

Business and Operations Advisory Committee, 22651 2016-08867 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Procedures for Handling Retaliation Complaints under the FDA Food Safety Modernization Act, 22530-22544 2016-08724 Rural Utilities Rural Utilities Service NOTICES Announcement of Grant Application Deadlines and Funding Levels, 22567-22572 2016-08931 Securities Securities and Exchange Commission NOTICES Applications: Nuveen Fund Advisors, LLC, et al., 22659-22668 2016-08826 Self-Regulatory Organizations;

Proposed Rule Changes: Bats BZX Exchange, Inc., 22681-22691 2016-08825 Bats EDGX Exchange, Inc., 22691-22696 2016-08820 International Securities Exchange, LLC, 22673-22674 2016-08824 NASDAQ BX, Inc., 22678-22681 2016-08821 NASDAQ Stock Market, LLC, 22674-22675 2016-08823 New York Stock Exchange, LLC, 22656-22659 2016-08822 NYSE Arca, Inc., 22651-22656, 22676-22678 2016-08818 2016-08819 Options Price Reporting Authority, 22668-22673, 22675-22676 2016-08815 2016-08816 2016-08817 Social Social Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22698-22700 2016-08869 Requiring Electronic Access to the Electronic Folder by Certain Claimant Representatives, 22697-22698 2016-08162 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22622-22623 2016-08864 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 22625-22626 2016-08835 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Travel Document (Carrier Documentation), 22626-22627 2016-08897 Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prior Disclosure, 22625 2016-08910 Commercial Gaugers and Laboratories; Accreditations and Approvals: Dixie Services, Inc., Galena Park, TX, 22623-22624 2016-08930 Oiltest, Inc., Roselle, NJ, 22624-22625 2016-08928 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 22707-22708 2016-08855 Special Medical Advisory Group, 22707 2016-08868 Veterans Rural Health Advisory Committee, 22707 2016-08854 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 22710-22808 2016-08288 Part III Environmental Protection Agency, 22810-22909 2016-08163 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. 81 74 Monday, April 18, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 930 [Doc. No. AMS-FV-15-0046; FV15-930-1 FIR] Tart Cherries Grown in the States of Michigan, et al.; Revision of Exemption Requirements AGENCY:

Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: The Department of Agriculture

(USDA)is adopting, as a final rule, without change, an interim rule implementing a recommendation from the Cherry Industry Administrative Board (Board) that revised the exemption provisions under the marketing order for tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin (order). The Board locally administers the order and is comprised of growers and handlers operating within the production area. The interim rule changed the number of years that new market development and market expansion projects are eligible for handler diversion credit from one year to three years. The interim rule also revised the composition of the subcommittee which reviews exemption requests. These changes are intended to encourage handlers to participate in new market and market expansion activities to facilitate sales and help ensure impartiality during the review process. DATES: Effective April 19, 2016. FOR FURTHER INFORMATION CONTACT: Jennie M. Varela, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone:

(863)324-3375, Fax:

(863)291-8614, or Email: *Jennie.Varela@ams.usda.gov* or *Christian.Nissen@ams.usda.gov* . Small businesses may obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: *http://www.ams.usda.gov/rules-regulations/moa/small-businesses;* or by contacting Antoinette Carter, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or Email: *Antoinette.Carter@ams.usda.gov* . SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing Order No. 930, as amended (7 CFR part 930), regulating the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This final rule continues in effect the provisions of the interim rule that revised the exemption provisions prescribed under the order. The interim rule changed the number of years that new market development and market expansion projects are eligible for handler diversion credit from one year to three years. The interim rule also revised the composition of the subcommittee which reviews exemption requests. These changes are intended to encourage the use of new market development and market expansion activities to facilitate sales and to help ensure impartiality during the review process. These changes were unanimously recommended by the Board at its meeting on June 25, 2015. Section 930.59 of the order authorizes handler diversion. When volume regulation is in effect, handlers may fulfill any restricted percentage requirement in full or in part by acquiring diversion certificates or by voluntarily diverting cherries or cherry products in a program approved by the Board, rather than placing cherries in an inventory reserve. Section 930.159 of the order's administrative rules specifies methods of handler diversion, including using cherries or cherry products for exempt purposes prescribed under § 930.162. Section 930.162 establishes the terms and conditions of exemption that must be satisfied for handlers to receive diversion certificates for exempt uses. Section 930.162(b) defines the activities which qualify for exemptions under new market development and market expansion and the period for which they are eligible for diversion credit. New market development and market expansion activities include, but are not limited to, sales of cherries into markets that are not yet commercially established, product line extensions, or segmentation of markets along geographic or other definable characteristics. Section 930.162(d) establishes a Board-appointed subcommittee to review the applications for exemption or renewal of exemption and to either approve or deny the exemption. Prior to this change, this section specified that the subcommittee consist of three members, including the Board manager, or a Board member acting in the manager's stead, the public member, and one industry person who is not on the Board. The order provides for the use of volume regulation to stabilize prices and improve grower returns during periods of oversupply. At the beginning of each season, the Board examines production and sales data to determine whether a volume regulation is necessary and, if so, announces free and restricted percentages to limit the volume of tart cherries on the market. Free percentage cherries can be used to supply any available market, including domestic markets for pie filling, water packed, and frozen tart cherries. Restricted percentage cherries can be placed in reserve or be used to earn diversion credits as prescribed in §§ 930.159 and 930.162 of the order's administrative rules. These activities include, in part, the development of new products, new market development and market expansion, the development of export markets, and charitable contributions. In 2012, the Board made a series of changes to the volume control provisions to facilitate the marketing of tart cherries and to help lower restrictions during seasons when volume control is implemented. One of these changes was to decrease the number of years that new market development and market expansion projects are eligible for handler diversion credit from three years to one year. The Board thought this decrease would continue to encourage new market development and market expansion projects while reducing the impact these credits had on volume restriction calculations. At that time, new market and market expansion sales were not included in the average sales figure used to determine optimum supply for volume regulation. The Board anticipated the change would shift more volume to sales, helping to reduce the calculated surplus and lower the restricted percentage. In revisiting this change, the Board recognized that the underlying rationale for having reduced the duration of diversion credit for new market development and market expansion was no longer an issue. Since that change, the method for calculating average sales for the purpose of volume regulation has been adjusted so that only export sales are excluded from the average sales calculation. Consequently, all sales from market development and market expansion activities are now included as sales when calculating a restriction. Therefore, increasing the number of years new market development and market expansion projects are eligible to receive diversion credit from one year to three years will not significantly impact the calculations for free and restricted percentages. Further, since limiting these activities to one year, participation in new market development and market expansion activities has dropped dramatically. In years prior to changing from three years to one year, applications for new market activities numbered around 20 to 25 a season. During the 2014-15 season, the first season with volume regulation under the one-year limitation, applications dropped to eight. Handlers stated that it was not worth the time and effort to develop one of these projects if the benefit was only for a single year. It was reported that the shortened time frame did not allow handlers to recoup the resources needed to establish one of these projects. The Board affirmed its support for new market development and market expansion diversion credit programs. Accordingly, the Board voted unanimously to change the exemption provisions applicable to handler diversion activities by increasing the number of years that new market development and market expansion activities are eligible for diversion credit back to three years. The Board also noted that projects approved for the 2014-15 season would be allowed to continue and be subject to the new three-year cycle. This action also continues in effect a revision to the composition of the subcommittee appointed to review exemption applications. The subcommittee was formed to assist Board staff members in reviewing and granting exemptions. The subcommittee reviews applications to use restricted cherries for activities related to new product development, new market development and market expansion, the development of export markets, and for experimental purposes. Prior to this change, the previous provisions (§ 930.162(d)) stated that the subcommittee consists of the manager of the Board or a Board member acting in their stead, the public member, and one industry member who is not on the Board. The Board recommended changing the composition of the subcommittee to help ensure impartiality so that no one affiliated with a handler was part of the review process. Consequently, the Board recommended revising the subcommittee to consist of three members, all of whom are not affiliated with a handler but have industry knowledge. One of these members shall be the public member or the alternate public member, if available to serve. The subcommittee will also include a similarly qualified alternate should one of the other members be unable to serve. The Board made several other recommendations for changes to the regulations under the order at its June 25, 2015, meeting. These changes are being considered under a separate action. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act

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

(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 600 producers of tart cherries in the regulated area and approximately 40 handlers of tart cherries who are subject to regulation under the order. Small agricultural producers are defined by the Small Business Administration

(SBA)as those having annual receipts of less than $750,000 and small agricultural service firms have been defined as those having annual receipts of less than $7,500,000 (13 CFR 121.201). According to the National Agricultural Statistics Service and Board data, the average annual grower price for tart cherries during the 2014-15 season was $0.35 per pound, and total utilization was around 300 million pounds. Therefore, average receipts for tart cherry producers were around $175,800, well below the SBA threshold for small producers. In 2014, The Food Institute estimated an f.o.b. price of $0.96 per pound for frozen tart cherries, which make up the majority of processed tart cherries. Using this data, average annual handler receipts were about $6.9 million, which is also below the SBA threshold for small agricultural service firms. Assuming a normal distribution, the majority of producers and handlers of tart cherries may be classified as small entities. This final rule continues in effect the action that revised § 930.162 of the regulations regarding exemptions by changing the number of years that new market development and market expansion projects are eligible for handler diversion credit from one year to three years. This rule also continues in effect the revision to the composition of the subcommittee which reviews exemption requests. These changes are intended to encourage the use of new market development and market expansion activities to facilitate sales and to help ensure impartiality during the review process. The authority for these actions is provided in § 930.59 of the order. It is not anticipated that this action will impose additional costs on handlers or growers, regardless of size. Rather, this should help handlers receive better returns on their new market development and market expansion projects by providing additional time for the handlers to receive diversion credit for those activities. This should provide more opportunity for them to recoup the time and resources required to establish these projects. In addition, changing the number of years that these projects are eligible for diversion credits may provide additional incentive for handlers to develop these programs and may facilitate additional sales, which could improve returns for growers and handlers. Further, the Board does not believe that this change significantly impacts the calculations for free and restricted percentages. The change in composition of the subcommittee is administrative in nature and is not expected to result in any additional costs. This rule is expected to benefit the industry. The effects of this rule are not expected to be disproportionately greater or less for small handlers or producers than for larger entities. The Board discussed alternatives to these changes, including not changing the number of years that new market development and market expansion projects were eligible for diversion credit. The Board agreed that increasing the number of years that new market development and market expansion projects are eligible for diversion credit from one year to three years provides handlers with more incentive to utilize these programs while not impacting the calculations for free and restricted percentages. Another alternative considered was maintaining the previous composition of the subcommittee responsible for reviewing exemption requests. However, the Board wanted to specify that the subcommittee be composed of members who are not affiliated with any handler. Therefore, for the reasons mentioned above, these alternatives were rejected. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget

(OMB)and assigned OMB No. 0581-0177, (Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin). No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule will not impose any additional reporting or recordkeeping requirements on either small or large tart cherry handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. Further, the public comment received concerning the proposal did not address the initial regulatory flexibility analysis. In addition, the Board's meeting was widely publicized throughout the tart cherry industry, and all interested persons were invited to attend and participate in Board deliberations on all issues. Like all Board meetings, the June 25, 2015, meeting was a public meeting, and all entities, both large and small, were able to express views on this issue. An interim rule concerning this action was published in the **Federal Register** on November 5, 2015, (80 FR 68424) and was effective November 6, 2015. Copies of the rule were sent via email to all Board members and tart cherry handlers. Finally, the rule was made available through the internet by USDA and the Office of the Federal Register. A 60-day comment period ending January 4, 2016, was provided to allow interested persons to respond to the proposal. One comment was received during the comment period in response to the interim rule. The commenter, a producer, supported part of the action but offered an alternative to the membership of the subcommittee. The commenter supported the expansion of handler diversion credits for new market development and market expansion projects from one year to three years. The commenter agreed with the Board's finding that it will encourage growth in the industry. Regarding the change to the membership of the approval subcommittee, the commenter suggested that membership should be further modified to include cherry growers that are not also handlers. However, the Board's intent in making the revision to the subcommittee requirements was, in part, to ensure impartiality. Consequently, the Board recommended that the subcommittee be composed of members who are not affiliated with any handler. Even growers who are not handlers themselves have a business relationship with the handlers to which they sell. The additional points in the comment were not relevant to the interim rule. Accordingly, no changes will be made to the interim rule, based on the comment received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule and the comment that was received, go to: *http://www.regulations.gov/#!docketDetail;D=AMS-FV-15-0046* . This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the **Federal Register** (80 FR 68424, November 5, 2015) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 930 Marketing agreements, Reporting and recordkeeping requirements, Tart cherries. Accordingly, the interim rule that amended 7 CFR part 930 and that was published at 80 FR 68424 on November 5, 2015, is adopted as a final rule, without change. Dated: April 12, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-08834 Filed 4-15-16; 8:45 am]

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