Unknown. Interim rule and request for comments

3,194 words·~15 min read·/register/2016/06/16/2016-14248

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-2016-06-16.xml --- 81 116 Thursday, June 16, 2016 Contents Agricultural Marketing Agricultural Marketing Service RULES Free and Restricted Percentages for the 2015-16 Crop Year for Tart Cherries: Tart Cherries Grown in the States of Michigan, et al., 39176-39182 2016-14333 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39247 2016-14264 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Rural Business-Cooperative Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service RULES List of Regulated Articles:

Asian Longhorned Beetle, 39175-39176 2016-14248 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39248-39249 2016-14226 Implementation of Revised Lacey Act Provisions, 39247-39248 2016-14247 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs: Hospital and Critical Access Hospital Changes to Promote Innovation, Flexibility, and Improvement in Patient Care, 39448-39480 2016-13925 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39267-39269 2016-14229 2016-14244 Single-Source Program Expansion Supplement Grants: Unaccompanied Children's Program, 39269 2016-14267 Coast Guard Coast Guard RULES Safety Zones: Annual Firework Events on the Colorado River, Between Davis Dam and Headgate Dam Within the San Diego Captain of the Port Zone, 39193-39194 2016-14273 2016-14274 Recurring Marine Events in Captain of the Port Long Island Sound Zone, 39194-39195 2016-14272 Southern California Annual Fireworks for the San Diego Captain of the Port Zone, 39195-39196 2016-14270 2016-14278 Special Local Regulations:

Cumberland River, Mile 190.5 to 194.0, Nashville, TN, 39184-39187 2016-14276 Ohio River Mile 791.0 to 795.0, Evansville, IN, 39191-39193 2016-14271 Sector Ohio Valley Annual and Recurring Special Local Regulations Update, 39187-39191 2016-14277 PROPOSED RULES Safety Zones: Verdigris River Mile Marker 444.5 to 443.5, 39234-39236 2016-14034 Commerce Commerce Department See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39251-39252 2016-14233 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Clearing Requirement Determination under the Commodity Exchange Act for Interest Rate Swaps, 39506-39536 2016-14035 Corporation Corporation for National and Community Service NOTICES Meetings;

Sunshine Act, 39252-39253 2016-14367 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplement: Rights in Technical Data and Validation of Proprietary Data Restrictions, 39482-39503 2016-14266 Defense Department Defense Department See Defense Acquisition Regulations System Education Department Education Department RULES Final Priorities and Definitions: Fulbright-Hays Group Projects Abroad Program—Short-Term Projects and Long-Term Projects, 39196-39197 2016-14304 PROPOSED RULES Student Assistance General Provisions:

Federal Perkins Loan Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, and Teacher Education Assistance for College and Higher Education Grant Program, 39330-39422 2016-14052 NOTICES Applications for New Awards: Fulbright-Hays Group Projects Abroad Program, 39253-39258 2016-14303 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Eastern Kern Air Pollution Control District and Yolo-Solano Air Quality Management District, 39211-39213 2016-14098 UT; Revised format for Material Incorporated by Reference, 39197-39208 2016-14099 Virginia; Infrastructure Requirements for the 2012 Fine Particulate Matter National Ambient Air Quality Standards, 39208-39211 2016-14181 Approval and Promulgation of Air Quality Implementation Plans: CA; California Mobile Source Regulations, 39424-39446 2016-13941 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Eastern Kern Air Pollution Control District and Yolo-Solano Air Quality Management District, 39236-39237 2016-14097 NOTICES Administrative Settlement Agreement and Order on Consent for Payment of Past Response Costs: Lincoln Park Superfund Site, Canyon City, Fremont County, CO, 39262 2016-14294 Emergency Exemption Applications: Pyridate, 39262-39263 2016-14288 Proposed Administrative Settlement Agreement Under CERCLA: Ely Copper Mine Superfund Site, Vershire, VT, 39263-39264 2016-14296 Federal Aviation Federal Aviation Administration RULES Amendment of Class E Airspace:

Little Rock, AR, 39182-39183 2016-14071 PROPOSED RULES Proposed Establishment of Class E Airspace: Jetmore, KS, 39217-39218 2016-14106 NOTICES Meetings: RTCA Special Committee 228 (SC-228) Minimum Operational Performance Standards for Unmanned Aircraft Systems, 39317 2016-14269 Parcel Swaps: Belfast Municipal Airport, Belfast, ME, 39316-39317 2016-13935 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39264-39266 2016-14223 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership:

Parkway Bank, Lenoir, NC, 39266 2016-14260 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Alabama Power Co., 39259 2016-14220 Paterson, NJ; Great Falls Hydroelectric Co., 39258-39259 2016-14221 Combined Filings, 39260-39261 2016-14216 2016-14217 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Deepwater Wind Block Island, LLC, 39261-39262 2016-14148 Hermiston Generating Co., LP, 39259-39260 2016-14219 LE Energy, LLC, 39261 2016-14218 Withdrawals of Intent:

Paterson, NJ, 39262 2016-14222 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders, 39317-39318 2016-14241 Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 39318-39320, 39324-39325 2016-14240 2016-14246 Vision, 39320-39324 2016-14242 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 39266-39267 2016-14191 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 39267 2016-14256 Food and Drug Food and Drug Administration RULES Guidance: Prior Notice of Imported Food Questions and Answers (Edition 3), 39183-39184 2016-14231 NOTICES Guidance for Industry: Use of International Standard ISO 10993-1, Biological Evaluation of Medical Devices--Part 1: Evaluation and Testing Within a Risk Management Process, 39269-39271 2016-14190 Guidance:

Factors to Consider Regarding Benefit-Risk in Medical Device Product Availability, Compliance, and Enforcement Decisions, 39272-39274 2016-14200 Meetings: Pediatric Clinical Investigator Training; Public Workshop, 39271-39272 2016-14230 Pediatric Oncology Subcommittee of the Oncologic Drugs Advisory Committee, 39274-39275 2016-14212 Forest Forest Service NOTICES Meetings: National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule, 39249 2016-14265 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 See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Housing Housing and Urban Development Department PROPOSED RULES Establishing a More Effective Fair Market Rent System: Using Small Area Fair Market Rents in Housing Choice Voucher Program Instead of the Current 50th Percentile FMRs, 39218-39234 2016-13939 Indian Health Indian Health Service NOTICES Tribal Consultation and Urban Confer Sessions on the State of the Great Plains Area Indian Health Service; Correction, 39275 2016-14232 Tribal Management Grant Program;

Extension of Due Dates, 39275 2016-14235 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 39277-39278 2016-14342 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39278 2016-14257 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 39278-39279 2016-14401 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 39279-39280 2016-14243 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 39276 2016-14192 National Cancer Institute, 39277 2016-14193 National Eye Institute, 39276 2016-14194 National Institute of Allergy and Infectious Diseases, 39277 2016-14195 National Institute of General Medical Sciences, 39275-39276 2016-14196 National Institute of Mental Health, 39276-39277 2016-14197 National Oceanic National Oceanic and Atmospheric Administration RULES Pacific Bluefin Tuna in the Eastern Pacific Ocean; Response to Petition for Rulemaking, 39213-39216 2016-14239 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Chinook Salmon Bycatch Management in the Gulf of Alaska Trawl Fisheries; Amendment 103, 39237-39246 2016-14237 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 39252 2016-14254 National Science National Science Foundation NOTICES Meetings: Faster Administration of Science and Technology Education and Research Community of Practice, 39281 2016-14251 Large Scale Networking—Joint Engineering Team, 39280 2016-14250 Large Scale Networking—Middleware and Grid Interagency Coordination Team, 39280-39281 2016-14249 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments;

Availability, etc.: Duke Energy; Brunswick Independent Spent Fuel Storage Installation, 39285-39287 2016-14253 Duke Energy; Catawba Independent Spent Fuel Storage Installation, 39287-39289 2016-14261 Duke Energy; H.B. Robinson Independent Spent Fuel Storage Installation, 39283-39285 2016-14258 Duke Energy; McGuire Independent Spent Fuel Storage Installation, 39281-39283 2016-14252 Duke Energy; Oconee Independent Spent Fuel Storage Installation, 39289-39291 2016-14262 Peace Peace Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39291 2016-14214 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazardous Materials, 39326-39327 2016-14187 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 39291-39292 2016-14255 Postal Service Postal Service NOTICES International Product Change—Global Plus 3 Contracts, 39292 2016-14213 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Honoring the Victims of the Attack in Orlando, FL (Proc. 9461), 39537-39539 2016-14458 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39249-39250 2016-14227 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39250-39251 2016-14225 Securities Securities and Exchange Commission NOTICES Applications: Angelo, Gordon and Co., LP, 39292-39294 2016-14211 Meetings:

Equity Market Structure Advisory Committee, 39306-39307 2016-14199 Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc., 39294-39296 2016-14206 Bats BZX Exchange, Inc., 39296-39298, 39307-39308 2016-14204 2016-14205 Bats EDGA Exchange, Inc., 39301-39303 2016-14209 Bats EDGX Exchange, Inc., 39310-39312 2016-14210 Depository Trust Co., 39303-39306 2016-14203 NASDAQ BX, Inc., 39308-39310 2016-14207 The NASDAQ Stock Market LLC, 39299-39301 2016-14208 Trading Suspension Orders:

Enterprise Energy, Inc., 39298-39299 2016-14379 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ECA Exchange Student Surveys, 39313-39314 2016-14289 Environmental Assessments; Availability, etc.: NuStar Burgos Pipeline Projects Presidential Permit Applications Review, Hidalgo County, TX, 39312-39313 2016-14292 Surface Transportation Surface Transportation Board NOTICES Discontinuance of Trackage Rights Exemptions:

Union Pacific Railroad Co., Pierce County, WA, 39314 2016-14275 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 39315-39316 2016-14201 Projects Rescinded for Consumptive Uses of Water, 39314-39315 2016-14202 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration Customs U.S. Customs and Border Protection NOTICES New Date for the October 2016 Customs Broker License Examination, 39277 2016-14215 Separate Parts In This Issue Part II Education Department, 39330-39422 2016-14052 Part III Environmental Protection Agency, 39424-39446 2016-13941 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 39448-39480 2016-13925 Part V Defense Department, Defense Acquisition Regulations System, 39482-39503 2016-14266 Part VI Commodity Futures Trading Commission, 39506-39536 2016-14035 Part VII Presidential Documents, 39537-39539 2016-14458 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. 81 116 Thursday, June 16, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2015-0097] Asian Longhorned Beetle: Update List of Regulated Articles AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the Asian longhorned beetle

(ALB)regulations by removing plants of the genus *Celtis* from the list of regulated articles, which we have determined not to be a host plant of ALB. This action is necessary to relieve restrictions on the movement of regulated articles that are not hosts of ALB. As a result of this action, there are no longer any restrictions on the movement of *Celtis* spp. plants from areas quarantined for ALB. DATES: This interim rule is effective June 16, 2016. We will consider all comments that we receive on or before August 15, 2016. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0097.* • *Postal Mail/Commercial Delivery:* Send your comment to Docket No. APHIS-2015-0097, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Supporting documents and any comments we receive on this docket may be viewed at *http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0097* or in our reading room, which is located in Room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)799-7039 before coming. FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, M.S., Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Imports, Regulations and Manuals, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1236;

(301)851-2352; email: *Claudia.Ferguson@aphis.usda.gov.* SUPPLEMENTARY INFORMATION: Background The Asian longhorned beetle (ALB, *Anoplophora glabripennis* ), an insect native to China, Japan, Korea, and the Isle of Hainan, is a destructive pest of hardwood trees. It attacks many healthy hardwood trees, including maple, horse chestnut, birch, poplar, willow, and elm. In addition, nursery stock, logs, green lumber, firewood, stumps, roots, branches, and wood debris of half an inch or more in diameter are subject to infestation. The beetle bores into the heartwood of a host tree, eventually killing the tree. Immature beetles bore into tree trunks and branches, causing heavy sap flow from wounds and sawdust accumulation at tree bases. They feed on, and overwinter in, the interiors of trees. Adult beetles emerge in the spring and summer months from round holes approximately three-eighths of an inch in diameter that they bore through branches and trunks of trees. After emerging, adult beetles feed for 2 to 3 days and then mate. Adult females then lay eggs in oviposition sites that they make on the branches of trees. A new generation of ALB is produced each year. If this pest moves into the hardwood forests of the United States, the nursery, maple syrup, and forest product industries could experience severe economic losses. In addition, urban and forest ALB infestations will result in environmental damage, aesthetic deterioration, and a reduction of public enjoyment of recreational spaces. The regulations in 7 CFR 301.51-1 through 301.51-9 restrict the interstate movement of regulated articles from quarantined areas to prevent the artificial spread of ALB to noninfested areas of the United States. Section 301.51-2 of the regulations designates certain items as regulated articles. Regulated articles may not be moved interstate from quarantined areas except in accordance with the conditions specified in §§ 301.51-4 through 301.51-9 of the regulations. Regulated articles listed in § 301.51-2(a) have included green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or more in diameter of the following genera: *Acer* (maple), *Aesculus* (horse chestnut), *Albizia* (mimosa), *Betula* (birch), *Celtis* (hackberry), *Cercidiphyllum* (katsura), *Fraxinus* (ash), *Koelreuteria* (golden rain tree), *Platanus* (sycamore), *Populus* (poplar), *Salix* (willow), *Sorbus* (mountain ash), and *Ulmus* (elm). This list of genera is based on scientific literature provided by government officials, scientists, and government and individual researchers from China as well as survey information collected in the United States since discovery of the pest. On April 27, 2015, the Animal and Plant Health Inspection Service (APHIS) issued a Federal Order 1 effective on that date to immediately remove plants of the genus *Celtis* (hackberry) as regulated articles for ALB from the host list. This action responds to research conducted by APHIS indicating that ALB does not complete its life cycle in hackberry trees. Therefore, such trees no longer need to be inspected or considered for treatment, and hackberry can now be moved from areas under quarantine for ALB. 1 DA-2015-22, “Updated List of Regulated Articles for Asian Longhorned Beetle ( *Anoplophora glabripennis* ) removing *Celtis* spp. as a host of ALB: *https://www.aphis.usda.gov/plant_health/plant_pest_info/asian_lhb/downloads/DA-2015-22.pdf.* Immediate Action Immediate action is warranted to relieve restrictions that are no longer necessary because we have determined that hackberry is not a host for ALB. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This interim rule is subject to Executive Order 12866. However, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The hackberry is a widespread small- to medium-sized fast-growing tree. It is widely distributed in the eastern United States from the southern New England States through central New York west to North and South Dakota. The range extends south from western Nebraska to northwestern Texas, then east to Arkansas, Tennessee, and North Carolina, with scattered occurrences in Mississippi, Alabama, and Georgia. The hackberry is not valuable as a timber tree. Hackberry wood is heavy, soft, light-yellow, and coarse-grained. It rots easily and therefore is generally undesirable commercially. Occasionally, it is utilized to produce fencing, crates and boxes, or inexpensive furniture, but more commonly it is used as firewood. 2 Under industry standards for business size established by the Small Business Administration, most firewood retailers and wholesalers are considered to be small entities. 2 *http://plants.usda.gov/plantguide/pdf/pg_ceoc.pdf.* Removal of hackberry from the ALB host list will mean that interstate movement of the wood from ALB-quarantined areas will not require a certificate or limited permit issued by an inspector or by a person operating under a compliance agreement. Firewood wholesalers and retailers and other businesses that move hackberry wood from ALB-quarantined areas will benefit from the interim rule, but the economic effects will be modest. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR chapter IV.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). § 301.51-2 [Amended] 2. In § 301.51-2, paragraph

(a)is amended by removing the words “ *Celtis* (hackberry)”. Done in Washington, DC, this 10th day of June 2016. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016-14248 Filed 6-15-16; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

U.S. Code