Unknown. Final rule; confirmation

3,230 words·~15 min read·/register/2016/06/09/2016-13302·

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-06-09.xml --- 81 111 Thursday, June 9, 2016 Contents Agriculture Agriculture Department See Forest Service See Rural Utilities Service PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37250-37259 2016-12899 Antitrust Division Antitrust Division NOTICES Membership Changes under the National Cooperative Research and Production Act: AllSeen Alliance, Inc., 37213 2016-13627 Cooperative Research Group on Development and Validation of FlawPRO for Assessing Defect Tolerance of Welded Pipes under Generalized High Strain Conditions, 37212 2016-13633 DVD Copy Control Association, 37214-37215 2016-13631 fd.io Project, Inc., 37211-37212 2016-13629 Interchangeable Virtual Instruments Foundation, Inc., 37215 2016-13630 International Electronics Manufacturing Initiative, 37213 2016-13626 Node.js Foundation, 37215 2016-13628 Silicon Integration Initiative, Inc., 37212-37213 2016-13634 TeleManagement Forum, 37213-37214 2016-13625 UHD Alliance, Inc., 37212 2016-13632 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 37370-37371 2016-12919 Consumer Financial Protection Bureau of Consumer Financial Protection PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37412-37415 2016-12931 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals, etc.; Correction, 37175-37176 2016-13685 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 37196-37198 2016-13610 2016-13662 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 37178 2016-13802 Coast Guard Coast Guard RULES Drawbridge Operations: Narrow Bay, Suffolk County, NY, 37158 2016-13664 Reynolds Channel, Nassau, NY, 37157 2016-13654 Saugatuck River, Saugatuck, CT, 37156-37157 2016-13653 Regulated Navigation Areas: Holiday Events; Biscayne Bay, Miami, FL, 37158-37160 2016-13656 Special Local Regulations and Safety Zones:

Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District, 37156 2016-13707 PROPOSED RULES Anchorage Grounds: Hudson River; Yonkers, NY to Kingston, NY, 37168-37170 2016-13701 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37262-37278 2016-12900 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 37408-37409 2016-12930 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: CFTC SmartCheck Annual Campaign Impact Tracking Survey, 37188-37190 2016-13623 Meetings: Market Risk Advisory Committee, 37187-37188 2016-13622 Consumer Product Consumer Product Safety Commission RULES Revisions to Safety Standard for Carriages and Strollers, 37128-37132 2016-13663 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37418-37421 2016-12932 Defense Department Defense Department PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 37280-37281, 37400-37405 2016-12901 2016-12928 Economic Development Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Trade Adjustment Assistance for Firms Program, 37178-37179 2016-13666 Education Department Education Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37284-37285 2016-12902 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 37288-37291 2016-12903 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Indiana; Removal of Gasoline Vapor Recovery Requirements, 37160-37162 2016-13605 Minnesota; Sulfur Dioxide, 37162-37164 2016-13604 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Idaho; Stationary Source Permitting Revisions, 37170-37175 2016-13693 Minnesota;

Sulfur Dioxide, 37175 2016-13603 Regulatory Agenda: Semiannual Regulatory Agenda, 37374-37383 2016-12921 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: BLANIK LIMITED Gliders, 37122-37124 2016-12591 EVEKTOR, spol. s.r.o. Gliders, 37124-37126 2016-12601 Amendments of Class C Airspace: Billings Logan International Airport, MT, 37126-37127 2016-13553 Capital Region International Airport, MI, 37127-37128 2016-13551 PROPOSED RULES Airworthiness Directives:

PILATUS Aircraft Ltd. Airplanes, 37166-37168 2016-13544 Federal Communications Federal Communications Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37424-37460 2016-12933 NOTICES Date by which LPTV and TV Translator Stations must be Operating in Order to Participate in Post-Incentive Auction Special Displacement Window, 37195-37196 2016-13624 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 37196 2016-13760 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints:

Michigan South Central Power v. Michigan Electric Transmission Company, LLC, 37192 2016-13645 Conference: Midwest Independent Transmission System Operator, Inc. Midwest Independent Transmission System Operator, Inc, 37195 2016-13646 Environmental Assessment Statements; Availability, etc.: FFP Missouri 5, LLC FFP Missouri 6, LLC Solia 6 Hydroelectric, LLC, 37191-37192 2016-13647 Environmental Impact Statements; Availability, etc.: Columbia Gulf Transmission, LLC, 37192-37195 2016-13649 Permit Applications:

Energy Resources USA Inc., 37191 2016-13648 Post Technical Conference: Review of Generator Interconnection Agreements and Procedures; American Wind Energy Association, 37192 2016-13650 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 37196 2016-13711 Federal Railroad Federal Railroad Administration NOTICES Environmental Impact and Related Procedures, 37237-37238 2016-13621 Federal Reserve Federal Reserve System PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 37462-37463 2016-12934 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 37196 2016-13639 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Import of Sport-Hunted African Elephant Trophies, 37207-37208 2016-13678 Food and Drug Food and Drug Administration RULES Advisory Committee; Transmissible Spongiform Encephalopathies Advisory Committee; Termination, 37153 2016-13705 Foreign Assets Foreign Assets Control Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Hizballah Financial Sanctions Regulations: Report on Closure by U.S. Financial Institutions of Correspondent Accounts and Payable-Through Accounts, 37239-37240 2016-13668 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Lincoln National Forest, NM; Integrated Non-Native Invasive Plant Management, 37177-37178 2016-13669 General Services General Services Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37386-37387, 37400-37405 2016-12924 2016-12928 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 37294-37306 2016-12904 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37198-37199 2016-13602 Homeland Homeland Security Department See Coast Guard PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37308-37317 2016-12906 Housing Housing and Urban Development Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37320-37321 2016-12907 NOTICES Regulatory Waiver Requests Granted for First Quarter of Calendar Year 2016, 37200-37207 2016-13699 Indian Affairs Indian Affairs Bureau NOTICES Requests for Nominations:

Bureau of Indian Education Advisory Board for Exceptional Children, 37208-37209 2016-13694 Indian Health Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Indian Self-Determination and Education Assistance Act Contracts, 37199-37200 2016-13679 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Delivery Verification Procedure for Imports, 37179 2016-13607 International Import Certificate, 37179-37180 2016-13608 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Office of Natural Resources Revenue PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 37324-37327 2016-12908 International Trade Adm International Trade Administration NOTICES Implementation of Determinations Pursuant to Section 129 of the Uruguay Round Agreements Act, 37180-37184 2016-13691 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Mobile and Portable Electronic Devices Incorporating Haptics (Including Smartphones and Laptops) and Components Thereof, 37210-37211 2016-13671 Justice Department Justice Department See Antitrust Division PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 37330-37331 2016-12909 Labor Department Labor Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37334-37339 2016-12911 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Summary Plan Description Requirements Under the Employee Retirement Income Security Act, as Amended, 37215-37216 2016-13642 Land Land Management Bureau NOTICES Meetings: Dominguez-Escalante National Conservation Area Advisory Council, 37210 2016-13658 Plats of Survey:

Colorado, 37209-37210 2016-13659 2016-13660 NASA National Aeronautics and Space Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37390, 37400-37405 2016-12925 2016-12928 National Highway National Highway Traffic Safety Administration NOTICES Meetings: 3D Surrogate Vehicle Scanning Event, 37238-37239 2016-13665 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: South Atlantic Snowy Grouper;

Commercial Accountability Measure and Closure, 37164-37165 2016-13667 NOTICES Harmful Algal Blooms Program: Regional Rotations; Termination, 37187 2016-13670 Meetings: Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops, 37184-37186 2016-13641 Caribbean Fishery Management Council, 37186-37187 2016-13652 Permits: Foreign Fishing, 37184 2016-13619 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 37466-37468 2016-12959 Natural Resources Office of Natural Resources Revenue RULES Civil Monetary Penalties Inflation Adjustment, 37153-37156 2016-13462 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 37216-37217 2016-13674 2016-13675 Postal Service Postal Service NOTICES Product Changes: Priority Mail Negotiated Service Agreement, 37217-37218 2016-13636 2016-13637 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Defense and National Security:

National Defense Authorization Act for Fiscal Year 2012 (Presidential Determination No. 2016-06 of May 19, 2016), 37481-37482 2016-13863 Jerusalem Embassy Act; Suspension of Limitations (Presidential Determination No. 2016-07 of June 1, 2016), 37483 2016-13866 North Korea Sanctions and Policy Enhancement Act of 2016; Delegation of Functions and Authorities (Memorandum of May 18, 2016), 37477-37480 2016-13851 Railroad Retirement Railroad Retirement Board NOTICES Privacy Act of 1974;

Matching Program, 37218-37219 2016-13643 Regulatory Regulatory Information Service Center PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37244-37248 2016-12869 Rural Utilities Rural Utilities Service RULES Rural Broadband Access Loans and Loan Guarantees, 37121-37122 2016-13302 Securities Securities and Exchange Commission RULES Summary of Form 10-K, 37132-37138 2016-13328 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37470-37473 2016-12968 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 37231-37232 2016-13616 2016-13617 2016-13618 Self-Regulatory Organizations; Proposed Rule Changes: Fixed Income Clearing Corp., 37220-37222 2016-13611 Miami International Securities Exchange LLC, 37219-37220 2016-13612 National Securities Clearing Corp., 37229-37231 2016-13613 NYSE Arca, Inc., 37222-37229 2016-13615 The Depository Trust Co., 37232-37236 2016-13614 Small Business Small Business Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 37392-37398 2016-12927 Social Social Security Administration RULES Medical Criteria for Evaluating Respiratory System Disorders, 37138-37153 2016-13275 State Department State Department NOTICES Meetings: International Security Advisory Board, 37236 2016-13677 Surface Transportation Surface Transportation Board PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37476 2016-12970 NOTICES Discontinuance of Service Exemptions: CSX Transportation, Inc., Boone County, WV, 37236-37237 2016-13640 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 37342-37363 2016-12913 Treasury Treasury Department See Foreign Assets Control Office PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 37366-37367 2016-12914 U.S. Sentencing United States Sentencing Commission NOTICES Proposed Priorities for Amendment Cycle, 37241-37242 2016-13681 Requests for Nominations: Practitioners Advisory Group, 37240-37241 2016-13680 Separate Parts In This Issue Part II Regulatory Information Service Center, 37244-37248 2016-12869 Part III Agriculture Department, 37250-37259 2016-12899 Part IV Commerce Department, 37262-37278 2016-12900 Part V Defense Department, 37280-37281 2016-12901 Part VI Education Department, 37284-37285 2016-12902 Part VII Energy Department, 37288-37291 2016-12903 Part VIII Health and Human Services Department, 37294-37306 2016-12904 Part IX Homeland Security Department, 37308-37317 2016-12906 Part X Housing and Urban Development Department, 37320-37321 2016-12907 Part XI Interior Department, 37324-37327 2016-12908 Part XII Justice Department, 37330-37331 2016-12909 Part XIII Labor Department, 37334-37339 2016-12911 Part XIV Transportation Department, 37342-37363 2016-12913 Part XV Treasury Department, 37366-37367 2016-12914 Part XVI Architectural and Transportation Barriers Compliance Board, 37370-37371 2016-12919 Part XVII Environmental Protection Agency, 37374-37383 2016-12921 Part XVIII General Services Administration, 37386-37387 2016-12924 Part XIX National Aeronautics and Space Administration, 37390 2016-12925 Part XX Small Business Administration, 37392-37398 2016-12927 Part XXI Department of Defense, 37400-37405 2016-12928 General Services Administration, 37400-37405 2016-12928 National Aeronautics and Space Administration, 37400-37405 2016-12928 Part XXII Commodity Futures Trading Commission, 37408-37409 2016-12930 Part XXIII Bureau of Consumer Financial Protection, 37412-37415 2016-12931 Part XXIV Consumer Product Safety Commission, 37418-37421 2016-12932 Part XXV Federal Communications Commission, 37424-37460 2016-12933 Part XXVI Federal Reserve System, 37462-37463 2016-12934 Part XXVII Nuclear Regulatory Commission, 37466-37468 2016-12959 Part XXVIII Securities and Exchange Commission, 37470-37473 2016-12968 Part XXIX Surface Transportation Board, 37476 2016-12970 Part XXX Presidential Documents, 37477-37483 2016-13851 2016-13863 2016-13866 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. 81 111 Thursday, June 9, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1738 RIN 0572-AC06 Rural Broadband Access Loans and Loan Guarantees AGENCY: Rural Utilities Service, USDA. ACTION:

Final rule; confirmation. SUMMARY: The Rural Utilities Service (RUS), hereinafter referred to as the Agency, is confirming the interim final rule published in the **Federal Register** on July 30, 2015, which amends its regulation for the Rural Broadband Access Loan and Loan Guarantee Program (Broadband Loan Program). DATES: Effective June 9, 2016. FOR FURTHER INFORMATION CONTACT: Keith Adams, Assistant Administrator, Telecommunications Program, Rural Utilities Program, U.S. Department of Agriculture, 1400 Independence Avenue SW., STOP 1590, Room 5151-S, Washington, DC 20250-1590.

Telephone number:

(202)720-9554, Facsimile:

(202)720-0810. SUPPLEMENTARY INFORMATION: Since the inception of the Broadband Loan Program, the Agency has faced, and continues to face, significant challenges in delivering the program due to the following factors:

(1)The significant number of applicants proposing to offer broadband service that are start-ups with limited resources;

(2)the continual evolution of telecommunications technology; and

(3)the associated higher costs of serving rural communities. With the enactment of the Agricultural Act of 2014 (the 2014 Farm Bill), the Broadband Loan Program has been significantly modified, and was suspended while the Agency revised this regulation. Given that the program was unable to operate during the revision, the Agency published an interim rule on July 30, 2015 in the **Federal Register** (80 FR 45397) so that the program could immediately reopen. The Agency invited comments to guide its efforts in drafting the new procedures implementing the 2014 Farm Bill and received comments from the National Cable & Telecommunications Association, WTA-Advocates for Rural Broadband and Mr. James Cook. These comments and the Agency's responses are summarized as follows: Broadband Service and Broadband Lending Speed Definitions *Comment:* Respondents commented that the definitions for Broadband Service, which sets the eligibility standard for an area, and Broadband Lending Speed, which sets the construction standard, are too low and should be raised to higher standards to be more in line with the current Federal Communications Commission

(FCC)definition for broadband of 25 megabits downstream and 3 megabits upstream. *Response:* As the respondents noted in their comments, the regulation establishes a process to change these definitions by publishing new requirements when a NOSA/NOFA is published opening up an application window. The Agency agrees that higher definitions would be beneficial to rural residents. However, when these definitions are set, it is not only the bandwidth requirement for rural areas that is considered but also the amount of funding that is available for any given application window. If a higher definition for bandwidth is used, more of the country then becomes eligible for funding. When limited funding is available, the Agency has to ensure that those funds are directed to the most unserved rural areas. The Agency will re-evaluate these requirements every time a NOSA/NOFA is published and set the standards accordingly. Overbuilding *Comment:* Respondents commented that the RUS investment should go into unserved areas and that the Agency count all terrestrial providers in the proposed service territory when determining area eligibility. *Response:* RUS agrees that unserved areas should be the target of the program. To ensure that all terrestrial broadband providers are counted in an area where an application is being considered, RUS has developed a multi-layer approach to locate them. First, when an application is submitted, the proposed service territory maps will be posted online utilizing the RUS Mapping Tool and existing service providers may respond to the public notice. If three or more existing providers are identified in the area and they meet the minimum eligibility speeds, then that area is considered ineligible for funding. If no providers respond to the public notice, then the Agency will have its field staff visit the proposed service area and locate all broadband providers in the area. The field staff will contact these providers and request that they respond to the public notice. Area Eligibility *Comment:* One respondent suggested that instead of three incumbents making a service area ineligible for funding, that the requirement be changed to two incumbents. The respondent also suggested that the definition of broadband service be raised to the current FCC definition for broadband of 25 megabits downstream and three megabits upstream. *Response:* Although there is merit in using a higher bandwidth definition to determine area eligibility, the requirement that three incumbents in an area make that area ineligible is a statutory requirement and cannot be changed. The regulation does allow for the eligibility definition to be changed and the Agency will consider higher speeds whenever a NOSA/NOFA is published. As stated previously, the Agency must also recognize the amount of funding that is available each time an application window is opened and will set the eligibility definition accordingly. Affordable Rates *Comment:* One commenter reiterated that broadband service in rural areas needs to be affordable. *Response:* Applicants must complete a market survey and a competitive analysis of all providers in the proposed service area as part of the application. This ensures that price points are set at the proper level for the area in question and that the operation is sustainable. There is a balance between providing high quality broadband service and charging the appropriate rate. It must be recognized that in less dense population areas, it may be necessary to charge a higher rate to ensure the viability of the operation. Affiliated Companies *Comment:* One commenter proposed that affiliate or affiliated companies providing broadband service in the same proposed funded service area should be recognized as one incumbent service provider when considering if an area is eligible for funding. *Response:* Each company that is providing broadband service in an area and meets the definition of an incumbent service provider will be counted as an incumbent service provider in determining the eligibility of an area. RUS cannot treat legally established companies properly acting as independent companies as the same entity. Broadband Usage Restrictions *Comment:* One commenter recommended that if a company has capped the amount of bandwidth that is allowed for a given period, that additional standards should be established in determining if this provider would be counted as an incumbent service provider when determining service eligibility. *Response:* The Agency appreciates this suggestion and will consider it during the next revision to the regulation. The main goal of the program is to provide funding to areas that do not have any broadband service. Most companies that cap bandwidth have options where a consumer can buy more bandwidth at an additional cost. Wireless Broadband Service *Comment:* One commenter recommended that wireless solutions for broadband service should be validated during busy hour/busy time when determining if the wireless provider meets the definition for an incumbent service provide when determining area eligibility. *Response:* There are many levels of providing broadband service and a number of ways for determining this. The Agency has elected to use advertised broadband rates that are being sold and to validate that this level of service is being provided in an area. We will consider implementing additional tests the next time the regulation is revised. If tests of this nature are implemented for wireless service providers then corresponding tests will have to be implemented for wireline service providers. The Agency appreciates the interest of the commenters and thanks them for their comment submissions. The Rural Utilities Service did not receive any significant adverse comments during the public comment period on the interim rule, and therefore confirms the rule without change. PART 1738—RURAL BROADBAND ACCESS LOANS AND LOAN GUARANTEES Accordingly, the interim rule amending 7 CFR part 1738 which was published at 80 FR 45397 on July 30, 2015, is adopted as a final rule without change. Dated: May 26, 2016. Brandon McBride, Administrator, Rural Utilities Service. [FR Doc. 2016-13302 Filed 6-8-16; 8:45 am]

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