Unknown. Final rule with request for comments

5,262 words·~24 min read·/register/2016/06/22/2016-14735

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-2016-06-22.xml --- 81 120 Wednesday, June 22, 2016 Contents Agriculture Agriculture Department See Federal Crop Insurance Corporation Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Wine Labeling and Recordkeeping Requirements, 40584-40589 2016-14696 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40698-40704 2016-14724 2016-14725 2016-14726 2016-14727 Meetings:

Advisory Committee on Immunization Practices, 40701 2016-14787 Healthcare Infection Control Practices Advisory Committee, 40703 2016-14788 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicaid/CHIP Program; Medicaid Program and Children's Health Insurance Program: Changes to the Medicaid Eligibility Quality Control and Payment Error Rate Measurement Programs in Response to the Affordable Care Act, 40596-40617 2016-14536 Coast Guard Coast Guard RULES Safety Zones:

Detroit River Days Air Show, Detroit River, Detroit, MI, 40521-40523 2016-14817 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Commerce Alternative Personnel System, 40653-40654 2016-14785 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Minimum Security Devices and Procedures, Reports of Suspicious Activities, and Bank Secrecy Act Compliance Program, 40765-40766 2016-14674 Meetings:

Minority Depository Institutions Advisory Committee, 40767 2016-14755 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Follow-Up Activities for Product-Related Injuries, 40677-40679 2016-14729 Defense Department Defense Department See Engineers Corps NOTICES Access to Healthcare under the TRICARE Program for Beneficiaries of TRICARE Prime, 40680-40681 2016-14786 Charter Renewals: Federal Advisory Committees, 40679 2016-14733 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Direct Loan, FFEL, Perkins and TEACH Grant Total and Permanent Disability Discharge Application and Related Forms, 40684-40685 2016-14826 FFEL/Direct Loan/Perkins Military Service Deferment/Post-Active Duty Student Deferment Request, 40682 2016-14732 Ronald E. McNair Postbaccalaureate Achievement Program Annual Performance Report, 40683 2016-14731 List of Correspondence from October 1, 2014, through December 31, 2014, 40683-40684 2016-14720 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Applications to Export Electric Energy:

ReEnergy Fort Fairfield, LLC, 40689 2016-14771 Meetings: Environmental Management Site-Specific Advisory Board, Savannah River Site, 40690 2016-14773 International Energy Agency, 40689-40690 2016-14780 Records of Decisions: Production of Tritium in Commercial Light Water Reactors, 40685-40689 2016-14775 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Compass Minerals: Ogden's Solar Evaporation Pond Expansion Project, Great Salt Lake, Box Elder County, UT;

Withdrawal, 40682 2016-14688 Meetings: Gulf Intracoastal Waterway Brazos River Floodgates and Colorado River Locks Feasibility Study, 40681 2016-14694 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Limited Disapproval of Air Plan Revisions; New Source Review; PM2.5, 40525-40527 2016-14669 PROPOSED RULES Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 40594-40596 2016-14816 NOTICES Emergency Exemptions;

Applications: Pyridate, 40695-40696 2016-14813 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters (Previously Eurocopter France) Helicopters, 40492-40495 2016-14467 Bombardier, Inc. Airplanes, 40488-40492 2016-14578 2016-14579 BRP-Powertrain GmbH and Co KG Reciprocating Engines, 40483-40485 2016-14789 Embraer S.A. Airplanes, 40480-40483 2016-14305 The Boeing Company Airplanes, 40485-40487 2016-14198 IFR Altitudes, 40495-40499 2016-14799 NOTICES Aeronautical Land-Use Assurances;

Waivers: Minneapolis-St. Paul International Airport, Minneapolis, MN, 40742-40743 2016-14803 Federal Communications Federal Communications Commission RULES Low Power Television Digital Rules, 40527 2016-14804 PROPOSED RULES Public Inspection File Requirements: Broadcaster Correspondence File and Cable Principal Headend Location, 40617-40624 2016-14793 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40696-40697 2016-14794 Federal Crop Federal Crop Insurance Corporation RULES Common Crop Insurance Regulations:

Basic Provisions, 40477-40480 2016-14735 Federal Deposit Federal Deposit Insurance Corporation NOTICES Receiverships; Terminations: AztecAmerica Bank, Berwyn, IL, 40697 2016-14661 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Alabama Power Co., 40691-40692 2016-14758 Combined Filings, 40692-40695 2016-14763 2016-14765 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Bison Solar, LLC, 40690-40691 2016-14769 Boulder Solar Power, LLC, 40695 2016-14768 Pavant Solar II, LLC, 40694 2016-14756 San Isabel Solar, LLC, 40691 2016-14757 Institution of Section 206 Proceeding and Refund Effective Date:

NRG Power Midwest, LP, 40691 2016-14767 Institutions of Section 206 Proceedings and Refund Effective Dates: Midcontinent Independent System Operator, Inc., 40695 2016-14766 Qualifying Conduit Hydropower Facilities: Three Sisters Irrigation District, 40693-40694 2016-14762 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 40697-40698 2016-14814 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications:

Diabetes, 40745-40746 2016-14753 Diabetes Mellitus, 40743-40755 2016-14747 2016-14751 Federal Railroad Federal Railroad Administration PROPOSED RULES Competitive Passenger Rail Service Pilot Program, 40624-40631 2016-14698 NOTICES Buy American Waivers: Palmetto Railways for Use of Wide-Span, Electric, Rail-Mounted Gantry Cranes, 40755-40756 2016-14708 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 40698 2016-14737 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 40698 2016-14749 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

Elfin-woods Warbler, 40534-40547 2016-14540 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for Elfin-woods Warbler, 40632-40650 2016-14539 NOTICES Endangered Species Permit Applications, 40716-40717 2016-14741 Food and Drug Food and Drug Administration RULES Exceptions Applicable to Certain Human Cells, Tissues, and Cellular and Tissue-Based Products, 40512-40518 2016-14721 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Guidance for Industry on Nonproprietary Naming of Biological Products; Withdrawal, 40704 2016-14722 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Delegation of Authority, 40705 2016-14802 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40704-40705 2016-14658 Homeland Homeland Security Department See Coast Guard See U.S. Immigration and Customs Enforcement Indian Affairs Indian Affairs Bureau NOTICES HEARTH Act Approval of Oneida Nation of New York Regulations, 40718-40719 2016-14798 HEARTH Act Approval of Twenty-Nine Palms Band of Mission Indians of California Regulations, 40717-40718 2016-14796 Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota, 40719-40720 2016-14797 Industry Industry and Security Bureau RULES Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases Introduction, 40499-40511 2016-14770 NOTICES Denials of Export Privileges:

Dennis Haag, 40657 2016-14744 Ismael Reta, 40658-40659 2016-14745 Jose Orence Cocchiola, 40654-40655 2016-14746 Temporary Denial Orders: Ribway Airlines Co., Ltd., et al.; Modifications, 40655-40656 2016-14748 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau NOTICES Statements of Findings: Crow Tribe Water Rights Settlement Act of 2010, 40720 2016-14699 Internal Revenue Internal Revenue Service RULES Modification of Treatment of Certain Health Organizations, 40518-40521 2016-14784 PROPOSED RULES Application of Section 409A to Nonqualified Deferred Compensation Plans, 40569-40584 2016-14331 Deferred Compensation Plans of State and Local Governments and Tax-Exempt Entities, 40548-40569 2016-14329 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Ammonium Sulfate from the People's Republic of China, 40661-40665 2016-14670 Certain Frozen Warmwater Shrimp from Thailand, 40671-40676 2016-14808 Certain Pasta from Italy, 40659-40661 2016-14672 Stainless Steel Bar from Brazil, 40670-40671 2016-14811 Initiation of Less-Than-Fair-Value Investigation: Ammonium Sulfate from the People's Republic of China, 40665-40670 2016-14668 Labor Department Labor Department See Workers Compensation Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Evaluation of Round 4 of the Trade Adjustment Assistance Community College Career Training Grants Program, 40720-40721 2016-14819 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel PHOTOBOAT, 40756 2016-14653 NASA National Aeronautics and Space Administration NOTICES Meetings: Aerospace Safety Advisory Panel, 40724-40725 2016-14805 National Highway National Highway Traffic Safety Administration RULES Lighting and Marking on Agricultural Equipment, 40528-40534 2016-14571 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40708-40709 2016-14825 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Enhancing Diversity of the NIH-funded Workforce Program, 40712-40713 2016-14739 NEXT Generation Health Study, 40713-40714 2016-14738 Availability of Biological Samples to Evaluate the Technical Performance of Inflammatory Markers, 40707-40708 2016-14740 Meetings: Center for Scientific Review, 40705-40707, 40711-40712 2016-14689 2016-14690 2016-14691 2016-14692 National Institute of Mental Health, 40710-40711 2016-14693 National Institute of Neurological Disorders and Stroke, 40709-40710 2016-14778 National Institute on Drug Abuse, 40708 2016-14777 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States:

Spiny Dogfish Fishery; Proposed 2016-2018 Specifications, 40650-40652 2016-14815 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: West Coast Saltwater Fishing Survey, 40676 2016-14750 Evaluations of National Estuarine Research Reserves and Coastal Management Programs, 40676-40677 2016-14607 National Science National Science Foundation NOTICES Meetings: Advisory Committee for International Science and Engineering, 40725 2016-14659 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Uniform Low-Level Radioactive Waste Manifest (Shipping Paper) and Continuation Page, 40728-40729 2016-14701 Uniform Low-Level Radioactive Waste Manifest Index and Regional Compact Tabulation, and Continuation Page, 40725-40726 2016-14702 Uniform Low-Level Radioactive Waste Manifest, Container and Waste Description, and Continuation Page, 40727-40728 2016-14700 Meetings: Advisory Committee on Reactor Safeguards, 40729-40730 2016-14792 Advisory Committee on Reactor Safeguards Subcommittee on Future Plant Designs, 40726-40727 2016-14790 Patent Patent and Trademark Office PROPOSED RULES Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases, 40589-40594 2016-14791 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annuitant's Report of Earned Income, 40731-40732 2016-14781 Initial Certification of Full-Time School Attendance, 40730-40731 2016-14772 Reinstatement of Disability Annuity Previously Terminated Because of Restoration to Earning Capacity, 40732-40733 2016-14774 Request for Case Review for Enhanced Disability Annuity Benefit, 40731 2016-14779 Request to Disability Annuitant for Information on Physical Condition and Employment, 40732 2016-14776 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Pipeline Safety: Pipeline Mapping System Program, 40757-40765 2016-14712 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 40733-40734 2016-14709 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Father's Day (Proc. 9464), 40473-40474 2016-14868 ADMINISTRATIVE ORDERS Norway; Proposed Agreement for Cooperation With U. S. for Peaceful Uses of Nuclear Energy (Presidential Determination No. 2016-08 of June 10, 2016), 40475 2016-14884 Securities Securities and Exchange Commission RULES Asset-Backed Securities Disclosure and Registration, 40511-40512 2016-14730 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: C2 Options Exchange, Inc., 40739-40741 2016-14714 NASDAQ PHLX, LLC, 40734-40736 2016-14715 NASDAQ Stock Market, LLC, 40736-40739 2016-14713 State Department State Department NOTICES Privacy Act; Systems of Records, 40741-40742 2016-14828 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2016-14710 40714-40715 2016-14711 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Comptroller of the Currency See Internal Revenue Service Immigration U.S.

Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Candidate Questionnaire, 40716 2016-14716 Veteran Affairs Veterans Affairs Department RULES Federal Civil Penalties Adjustment Act, 40523-40525 2016-14592 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation, 40768 2016-14685 Acquisition Regulation Provision, Caution to Bidder--Bid Envelopes, 40773-40774 2016-14687 Acquisition Regulation, Purchase of Shellfish, 40772-40773 2016-14686 Agent Orange Registry Code Sheet, 40769 2016-14677 Application for Residential Care Home Program Sponsor Application, 40767 2016-14679 Authorization to Disclose Personal Information to a Third Party, 40772 2016-14676 Brand Name or Equal, 40768-40769, 40771-40772 2016-14683 2016-14684 Certificate of Delivery of Advance Payment and Enrollment, 40773 2016-14680 Inquiry Concerning Applicant for Employment, 40771 2016-14682 Reconsideration of Denied Claims, 40769-40770 2016-14678 Transfer of Scholastic Credit, 40770-40771 2016-14681 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40721-40722 2016-14818 Meetings: Advisory Board on Toxic Substances and Worker Health: Subcommittee on Medical Advice, 40722-40723 2016-14822 Advisory Board on Toxic Substances and Worker Health: Subcommittee on the Site Exposure Matrices, 40723-40724 2016-14820 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. 81 120 Wednesday, June 22, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 [Docket No.

FCIC-16-0002] RIN 0563-AC50 Common Crop Insurance Regulations, Basic Provisions AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Final rule with request for comments. SUMMARY: The Federal Crop Insurance Corporation

(FCIC)amends the Common Crop Insurance Regulations, Basic Provisions. The intended effect of this action is to provide policy changes and to clarify existing policy provisions to better meet the needs of policyholders. Issues have arisen regarding: The qualifications for double cropping; and when it is practical to replant. This rule addresses those issues. DATES: *Effective date:* This final rule is effective June 22, 2016. *Applicability date:* The changes are applicable for the 2017 and succeeding crop years for all crops with a contract change date on or after June 22, 2016, and for the 2018 and succeeding crop years for all crops with a contract change date prior to June 22, 2016. *Comment due date:* FCIC will accept written comments on this final rule until close of business August 22, 2016. FCIC may consider the comments received and may conduct additional rulemaking based on the comments. ADDRESSES: FCIC prefers interested persons submit their comments electronically through the Federal eRulemaking Portal. Interested persons may submit comments, identified by Docket ID No. FCIC-16-0002, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail:* Director, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, P.O. Box 419205, Kansas City, MO 64133-6205. FCIC will post all comments received, including those received by mail, without change to *http://www.regulations.gov,* including any personal information provided. Once these comments are posted to this Web site, the public can access all comments at its convenience from this Web site. All comments must include the agency name and docket number or Regulatory Information Number

(RIN)for this rule. For detailed instructions on submitting comments and additional information, see *http://www.regulations.gov.* If interested persons are submitting comments electronically through the Federal eRulemaking Portal and want to attach a document, FCIC requests that the document attachment be in a text-based format. If interested persons want to attach a document that is a scanned Adobe PDF file, it must be scanned as text and not as an image, thus allowing FCIC to search and copy certain portions of the submissions. For questions regarding attaching a document that is a scanned Adobe PDF file, please contact the Risk Management Agency

(RMA)Web Content Team at

(816)823-4694 or by email at *rmaweb.content@rma.usda.gov.* *Privacy Act:* Anyone is able to search the electronic form of all comments received for any dockets by the name of the person submitting the comment (or signing the comment, if submitted on behalf of an entity, such as an association, business, labor union, etc.). Interested persons may review the complete User Notice and Privacy Notice for *Regulations.gov* at *http://www.regulations.gov/#!privacyNotice.* FOR FURTHER INFORMATION CONTACT: Tim Hoffmann, Product Management, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility, Stop 0812, Room 421, P.O. Box 419205, Kansas City, MO 64141-6205, telephone

(816)926-7730. SUPPLEMENTARY INFORMATION: Background FCIC amends the Common Crop Insurance Regulations (7 CFR part 457) by revising 7 CFR 457.8 Common Crop Insurance Regulations, Basic Provisions. The changes to the policy made in this rule are applicable for the 2017 and succeeding crop years for all crops with a contract change date on or after June 22, 2016, and for the 2018 and succeeding crop years for all crops with a contract change date prior to June 22, 2016. FCIC is issuing this final rule without opportunity for prior notice and comment. The Administrative Procedure Act exempts rules “relating to agency management or personnel or to public property, loans, grants, benefits, or contracts” from the statutory requirement for prior notice and opportunity for public comment (5 U.S.C. 553(a)(2)). However, FCIC is providing a 60-day comment period and invites interested persons to participate in this rulemaking by submitting written comments. FCIC may consider the comments received and may conduct additional rulemaking based on the comments. The changes to the Common Crop Insurance Regulations, Basic Provisions (7 CFR part 457) are as follows:

(a)Section 1—FCIC is revising the definition of “practical to replant.” Concerns have been raised regarding the definition of “practical to replant” and the difficulty and inconsistency that can occur in administering the practical to replant provisions of the crop insurance policy. Approved insurance providers have stated the provisions, as written, regarding “practical to replant” lead to different approved insurance providers reaching differing determinations as to whether it is practical to replant in the same area. FCIC is revising the definition to provide a clear, known deadline for when replanting of the crop is considered to be practical and if not replanted, coverage will not be provided for the initial crop. The definition provides an exception for adverse weather conditions that would either prohibit the physical replanting of the crop, or impact seed germination, emergence, and formation of a healthy plant.

(b)Section 15—FCIC is revising section 15 to allow the allocation of comingled first and second crop production to the associated crop acreage in proportion to the liability for the acreage that was and was not double cropped. Some producers have found challenges keeping separate records of acreage and production that was and was not double cropped because often times the acreage is in the very same field and they harvest both first and second crop production at the same time. For example, if a producer has two fields in the same unit, or one field half of which was first crop acreage and half that was double crop acreage, next to each other and on one field they plant wheat, harvest the wheat, and plant soybeans while the other field was a single crop of soybeans only, they may harvest both soybean fields at the same time making it difficult to keep the production separate. This change has previously been implemented administratively through MGR-11-003. FCIC is also revising section 15 to allow eligible double cropping acres to be based on either,

(1)the greatest number of acres double cropped in two of the last four crop years in which the first insured crop was planted; or

(2)the percentage of acres historically double cropped in two of the last four crop years in which the first insured crop was planted. Current double cropping requirements do not adequately recognize changes in growing farm operations or for added land. This change will address both land added to an operation, and account for multiple crop rotations. For example, if a producer has a 100-acre farm and has historically double cropped 50 acres planted to wheat followed by soybeans (50 percent of acres historically double cropped), and the producer purchases and plants an additional 200 acres of wheat for a total of 300 acres of planted wheat, the number of acres eligible for double cropping would be based on 50 percent, or 150 acres. If the producer has historically double cropped wheat followed by soybeans on some or even all of the acreage, there is a reasonable presumption they may continue to do so in the future. Previously, changes made to the Federal crop insurance policies codified in the Code of Federal Regulations were required to be implemented through the rulemaking process. Such action was not required by the Administrative Procedures Act because contracts were exempt from notice and comment rulemaking and the crop insurance policy is a contract. However, a prior Secretary of Agriculture published a notice in the **Federal Register** stating that the Department of Agriculture would, to the maximum extent practicable, use the notice and comment rulemaking process when making program changes, including those involving contracts. FCIC has complied with this notice over the subsequent years. Recently, the current Secretary of Agriculture has published a notice in the **Federal Register** rescinding the prior notice, thereby making contracts again exempt from the notice and comment rulemaking process. This exemption applies to the 30 day notice prior to implementation of a rule. Therefore, the policy changes made by this final rule are effective upon publication in the **Federal Register** . Executive Order 12866 This rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, it has not been reviewed by the OMB. Paperwork Reduction Act of 1995 Pursuant to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, subchapter I), the collections of information in this rule have been approved by OMB under control number 0563-0053. E-Government Act Compliance FCIC is committed to complying with the E-Government Act of 2002, 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. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Executive Order 13132 It has been determined under section 1(a) of Executive Order 13132, Federalism, that this rule does not have sufficient implications to warrant consultation with the States. The provisions contained in this rule will not have a substantial direct effect on States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Executive Order 13175 This rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes. The Federal Crop Insurance Corporation has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under E.O. 13175. If a Tribe requests consultation, the Federal Crop Insurance Corporation will work with the Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions and modifications identified herein are not expressly mandated by Congress. Regulatory Flexibility Act FCIC certifies that this regulation will not have a significant economic impact on a substantial number of small entities. Program requirements for the Federal crop insurance program are the same for all producers regardless of the size of their farming operation. For instance, all producers are required to submit an application and acreage report to establish their insurance guarantees and compute premium amounts, and all producers are required to submit a notice of loss and production information to determine the indemnity amount for an insured cause of crop loss. Whether a producer has 10 acres or 1000 acres, there is no difference in the kind of information collected. To ensure crop insurance is available to small entities, the Federal Crop Insurance Act

(FCIA)authorizes FCIC to waive collection of administrative fees from limited resource farmers. FCIC believes this waiver helps to ensure that small entities are given the same opportunities as large entities to manage their risks through the use of crop insurance. A Regulatory Flexibility Analysis has not been prepared since this regulation does not have a significant impact on a substantial number of small entities, and, therefore, this regulation is exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605). Federal Assistance Program This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See 2 CFR part 415, subpart C. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988 on civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of this rule will preempt State and local laws to the extent such State and local laws are inconsistent herewith. With respect to any direct action taken by FCIC or action by FCIC directing the insurance provider to take specific action under the terms of the crop insurance policy, the administrative appeal provisions published at 7 CFR part 11 must be exhausted before any action against FCIC for judicial review may be brought. Environmental Evaluation This action is not expected to have a significant economic impact on the quality of the human environment, health, or safety. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed. List of Subjects in 7 CFR Part 457 Crop insurance, Reporting and recordkeeping requirements. Final Rule Accordingly, as set forth in the preamble, the Federal Crop Insurance Corporation amends 7 CFR part 457 as follows: PART 457—COMMON CROP INSURANCE REGULATIONS 1. The authority citation for 7 CFR part 457 continues to read as follows: Authority: 7 U.S.C. 1506(l) and 1506(o). 2. Amend § 457.8, in the Common Crop Insurance Policy, as follows: a. In section 1 by revising the definition of “practical to replant;” and b. In section 15 by revising paragraphs

(h)and (i). The revisions and additions reads as follows: § 457.8 The application and policy. Common Crop Insurance Policy 1. Definitions. *Practical to replant.* Our determination, after loss or damage to the insured crop, based on all factors, including, but not limited to moisture availability, marketing window, condition of the field, and time to crop maturity, that replanting the insured crop will allow it to attain maturity prior to the calendar date for the end of the insurance period. It will be considered practical to replant within or prior to the late planting period, or on or prior to the final planting date if no late planting period is applicable, unless we determine it is physically impossible to replant the acreage or there is no chance of seed germination, emergence, and formation of a healthy plant. 15. Production Included in Determining an Indemnity and Payment Reductions.

(h)You may receive a full indemnity, or a full prevented planting payment for a first insured crop when a second crop is planted on the same acreage in the same crop year, if each of the following conditions are met, regardless of whether or not the second crop is insured or sustains an insurable loss:

(1)Planting two or more crops for harvest in the same crop year in the area is generally recognized by agricultural experts or organic agricultural experts;

(2)The second or more crops are customarily planted after the first insured crop for harvest on the same acreage in the same crop year in the area;

(3)Additional coverage insurance offered under the authority of the Act is available in the county on the two or more crops that are double cropped;

(4)In the case of prevented planting, the second crop is not planted on or prior to the final planting date or, if applicable, prior to the end of the late planting period for the first insured crop;

(5)You provide records, acceptable to us, of acreage and production specific to the double cropped acreage proving that:

(i)You have double cropped acreage in at least two of the last four crop years in which the first insured crop was planted; if you acquired additional acreage, you may apply the percentage of acres that you have previously double cropped to the total acreage now in your operation using the following calculation:

(A)Determine the number of acres of the first insured crop that were double cropped in each of the years for which records are provided (For example, records are provided showing: 100 acres of wheat planted in 2015 and 50 of those acres were double cropped with soybeans; and 100 acres of wheat planted in 2016 and 70 of those acres were double cropped with soybeans);

(B)Divide each result of section 15(h)(5)(i)(A) by the number of acres of the first insured crop that were planted in each respective year (In the example above, 50 divided by 100 equals 50 percent of the first insured crop acres were double cropped in 2015 and 70 divided by 100 equals 70 percent were double cropped in 2016);

(C)Add the results of section 15(h)(5)(i)(B) and divide by the number of years the first insured crop was double cropped (In the example above, 50 plus 70 equals 120 divided by 2 equals 60 percent); and

(D)Multiply the result of 15(h)(5)(i)(C) by the number of insured acres of the first insured crop (In the example above, 60 percent of the wheat acres insured in 2017 and 60 percent of the second crop acres insured in 2017 are eligible for double cropping history); or

(ii)The applicable acreage was double cropped (by one or more other producers, and the producer(s) will allow you to use their records) for at least two of the last four crop years in which the first insured crop was grown on it; and

(6)If you do not have records of acreage and production specific to the double cropped acreage, as required in section 15(h)(5), but instead have records that combine production from acreage you double cropped with records of production you did not double crop, we will allocate the first and second crop production to the specific acreage in proportion to the liability for the acreage that was and was not double cropped.

(i)If you provided acceptable records in accordance with section 15(h), your double cropping history is based on the acres historically cropped:

(1)If the records you provided are from acreage you double cropped in at least two of the last four crop years, you may apply your history of double cropping to any acreage of the insured crop in the county ( *e.g.,* if you have double cropped 100 acres of wheat and soybeans in the county and you acquire an additional 100 acres in the county, you can apply that history of double cropped acreage to any of the 200 acres in the county as long as it does not exceed 100 acres); or

(2)If the records you provided are from acreage that one or more other producers double cropped in at least two of the last four crop years, you may only use the history of double cropping for the same physical acres from which double cropping records were provided ( *e.g.,* if a neighbor has double cropped 100 acres of wheat and soybeans in the county and you acquire your neighbor's 100 double cropped acres and an additional 100 acres in the county, you can only apply your neighbor's history of double cropped acreage to the same 100 acres that your neighbor double cropped). Signed in Washington, DC, on June 16, 2016. Brandon Willis, Manager, Federal Crop Insurance Corporation. [FR Doc. 2016-14735 Filed 6-21-16; 8:45 am]

Connectionstraces to 8

Traces to 8 documents

U.S. Code