Unknown. Final rule
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/register/2016/06/23/2016-14821·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-2016-06-23.xml --- 81 121 Thursday, June 23, 2016 Contents Agricultural Marketing Agricultural Marketing Service RULES Grapes Grown in a Designated Area of Southeastern California: Increased Assessment Rate, 40781-40783 2016-14824 United States Standards for Grades of Processed Raisins, 40779-40780 2016-14821 Agriculture Agriculture Department See Agricultural Marketing Service Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings:
Architectural and Transportation Barriers Compliance Board, 40847 2016-14889 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement RULES Oil and Gas and Sulphur Operations in the Outer Continental Shelf; Technical Corrections; Correction, 40812-40813 2016-14850 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Medicare Clinical Diagnostic Laboratory Tests Payment System, 41036-41101 2016-14531 Civil Rights Civil Rights Commission NOTICES Meetings:
Indiana Advisory Committee, 40847-40848 2016-14857 Montana Advisory Committee, 40848-40849 2016-14858 North Carolina Advisory Committee, 40848 2016-14268 Coast Guard Coast Guard RULES Drawbridge Operations: Willamette River, Portland, OR, 40813 2016-14846 Safety Zones: Pleasure Beach Bridge, Bridgeport, CT, 40814-40816 2016-14908 San Francisco Giants Fireworks, San Francisco Bay, San Francisco, CA, 40813-40814 2016-14911 NOTICES Waterway Suitability Assessment for Construction and Operation of Liquefied Gas Terminals;
Sabine-Neches Waterway, Vidor, TX, 40891-40892 2016-14910 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40849 2016-14838 Corporation Corporation for National and Community Service RULES Civil Monetary Penalties Inflation Adjustments, 40819-40820 2016-14675 Economic Development Economic Development Administration NOTICES Petitions by Firms for Determination of Eligibility to Apply for Trade Adjustment Assistance, 40850 2016-14855 Education Department Education Department NOTICES Applications for New Awards:
Promoting Student Resilience, 40877-40884 2016-14907 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40886 2016-14864 Applications to Export Liquefied Natural Gas: Cameron LNG, LLC, 40884-40886 2016-14869 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Tennessee; Redesignation of the Shelby County 2008 8-Hour Ozone Nonattainment Area to Attainment, 40816-40819 2016-14807 Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources:
Commercial and Industrial Solid Waste Incineration Units, 40956-41034 2016-13687 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Indiana; Redesignation of the Indiana Portion of the Louisville Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter, 40834-40838 2016-14806 Iowa; Infrastructure SIP Requirements for the 1997 and 2006 Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards, 40825-40827 2016-14897 Ohio;
Infrastructure SIP Requirements for the 2012 PM2.5 NAAQS, 40827-40834 2016-14894 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Fokker Services B.V. Airplanes, 40823-40825 2016-14754 NOTICES Requests to Release Airport Properties, 40938 2016-14635 Federal Communications Federal Communications Commission RULES Service by Email for Notice of Petitions for Review and Appeals, 40820-40822 2016-14096 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;
Sunshine Act, 40888 2016-14996 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 40888 2016-15028 Federal Energy Federal Energy Regulatory Commission RULES Reactive Power Requirements for Non-Synchronous Generation, 40793-40809 2016-14764 NOTICES Combined Filings, 40886-40888 2016-14862 2016-14863 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40938-40953 2016-14890 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 40888 2016-14861 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Migratory Bird Subsistence Harvest Household Survey, 40915-40917 2016-14843 Endangered and Threatened Wildlife and Plants Permit Applications: Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail; Mammen Parcel, Community of Los Osos, San Luis Obispo County, CA, 40917-40918 2016-14853 Marine Mammals;
Incidental Take During Specified Activities: Proposed Incidental Harassment Authorization for Pacific Walruses in Alaska and Associated Federal Waters, 40902-40915 2016-14847 Meetings: Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 40900-40902 2016-14870 Food and Drug Food and Drug Administration NOTICES International Conference on Harmonisation: Electronic Transmission of Postmarket Individual Case Safety Reports for Drugs and Biologics, etc., 40890-40891 2016-14845 Invitation to Participate in Account Management Pilot for the Import Trade Auxiliary Communication System, 40889 2016-14874 Meetings:
Pediatric Oncology Subcommittee of the Oncologic Drugs Advisory Committee; Amendment, 40889-40890 2016-14827 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Subzone Expansion: Tesla Motors, Inc., Foreign-Trade Zone 18, San Jose, CA, 40850 2016-14809 General Services General Services Administration RULES General Services Administration Acquisition Regulations: Transactional Data Reporting, 41104-41139 2016-14728 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See U.S.
Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ginnie Mae Multiclass Securities Program Documents, 40897-40899 2016-14926 Rental Assistance Demonstration Documents, 40899 2016-14924 Final Policy Statements: Tribal Government-to-Government Consultation Policy, 40893-40897 2016-14896 Proposal to Establish Intergovernmental Advisory Committee, 40899-40900 2016-14895 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Energy Resource Development Program Grants, 40918-40919 2016-14841 Industry Industry and Security Bureau RULES Validated End-User Authorization in the People's Republic of China: Advanced Micro Devices, Inc., 40783-40785 2016-14902 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau NOTICES Meetings: Invasive Species Advisory Committee, 40919-40920 2016-14860 Internal Revenue Internal Revenue Service RULES Inversions and Related Transactions;
Correction, 2016-14648 40810-40812 2016-14649 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Prestressed Concrete Steel Rail Tie Wire from Mexico, 40850-40851 2016-14913 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand;
Scheduling of Expedited Five-Year Reviews, 40923-40924 2016-14883 Iron Construction Castings from Brazil, Canada, and China; Scheduling of Full Five-Year Reviews, 40921-40922 2016-14878 Seamless Refined Copper Pipe and Tube from China and Mexico, 40922-40923 2016-14891 Meetings; Sunshine Act, 40924 2016-14950 Justice Department Justice Department See Justice Programs Office Justice Programs Justice Programs Office NOTICES Draft Test Procedures for the Gun Safety Technology Challenge, 40924-40925 2016-14925 Labor Department Labor Department See Workers Compensation Programs Office Land Land Management Bureau NOTICES Meetings:
Alaska Resource Advisory Council; Cancellation, 40920 2016-14849 Grand Staircase-Escalante National Monument Advisory Committee, 40920 2016-14852 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 40926-40927 2016-14979 2016-15058 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40954 2016-14872 2016-14906 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council;
Science Committee; Astrophysics Subcommittee, 40927 2016-14832 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40927-40928 2016-14882 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Records Preservation, 40928 2016-14887 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States: Monkfish;
Framework Adjustment 9, 40838-40844 2016-14888 Fisheries Off West Coast States: Coastal Pelagic Species Fisheries; Annual Specifications, 40844-40846 2016-14839 NOTICES Permits: Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations, 40870-40876 2016-14866 Takes of Marine Mammals: Gustavus Ferry Terminal Improvements Project, 40852-40870 2016-14886 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Permit Applications: Tennessee Valley Authority;
Clinch River Nuclear Site, 40929-40930 2016-14865 Program-Specific Guidance about Licenses Authorizing Distribution to General Licensees, 40928-40929 2016-14867 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Legal Processes, 40876-40877 2016-14856 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40930 2016-14842 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 40930-40932 2016-14836 2016-14885 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS North Korea;
Continuation of National Emergency (Notice of June 21, 2016), 40775-40776 2016-15036 Western Balkans; Continuation of National Emergency (Notice of June 21, 2016), 40777 2016-15041 Reclamation Reclamation Bureau NOTICES Central Valley Project Improvement Act Water Management Plans, 40920-40921 2016-14654 Securities Securities and Exchange Commission RULES Commission Interpretation Regarding Automated Quotations under Regulation NMS, 40785-40793 2016-14876 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 40935-40937 2016-14840 Registrations as a National Securities Exchange: Investors' Exchange, LLC; Findings, Opinion, and Order of the Commission, 41142-41170 2016-14875 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 40932-40935 2016-14837 State Department State Department NOTICES Meetings: Dominican Republic-Central America-United States Free Trade Agreement Environmental Affairs Council, 40937 2016-14927 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration Treasury Treasury Department See Internal Revenue Service Customs U.S.
Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Arrival and Departure Record and Electronic System for Travel Authorization, 40892-40893 2016-14848 Workers' Workers Compensation Programs Office NOTICES Meetings: Advisory Board on Toxic Substances and Worker Health —Subcommittee on Industrial Hygienists and Contract Medical Consultants and Their Reports, 40925-40926 2016-14834 Separate Parts In This Issue Part II Environmental Protection Agency, 40956-41034 2016-13687 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 41036-41101 2016-14531 Part IV General Services Administration, 41104-41139 2016-14728 Part V Securities and Exchange Commission, 41142-41170 2016-14875 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. 81 121 Thursday, June 23, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 52 [Document Number AMS-FV-14-0087, FV-16-329] United States Standards for Grades of Processed Raisins AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service
(AMS)of the U.S. Department of Agriculture
(USDA)is revising the United States Standards for Grades of Processed Raisins by removing five references to the term “midget” throughout the standards. These changes will modernize and clarify the standards by removing dual terminology for the same requirement. DATES: Effective July 25, 2016. FOR FURTHER INFORMATION CONTACT: Lindsay Mitchell at Standardization Branch, Specialty Crops Inspection Division, Specialty Crops Program, Agricultural Marketing Service, U.S. Department of Agriculture, National Training and Development Center, Riverside Business Park, 100 Riverside Parkway, Suite 101, Fredericksburg, VA 22406, or at phone
(540)361-1120; fax
(540)361-1199; or, email *Lindsay.Mitchell@ams.usda.gov.* Copies of the proposed U.S. Standards for Grades of Processed Raisins are available on the Internet at *http://www.regulations.gov.* The current U.S. Standards for Grades of Processed Raisins are available on the Specialty Crops Inspection Division Web site at *http://www.ams.usda.gov/grades-standards.* SUPPLEMENTARY INFORMATION: The changes remove the dual nomenclature terminology “small or midget” for the same requirement from the U.S. Standards for Grades of Processed Raisins. These revisions also affect the grade requirements under the marketing order, 7 CFR parts 989, issued under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601-674) and applicable imports. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits, including potential economic, environmental, public health and safety effects, and distributive impacts and equity. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. Executive Order 13175 This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act and Paperwork Reduction Act Pursuant to the requirements of the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), AMS has considered the economic impact of these revisions on small entities, and prepared the following final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so small businesses will not be unduly or disproportionately burdened. Marketing orders issued under the Act, and the rules issued thereunder, are unique in that they are brought about through group action of small entities acting on their own behalf. There are approximately 3,000 California raisin producers and 28 handlers subject to regulation under the marketing order. The Small Business Administration defines small agricultural producers as those with annual receipts less than $750,000, and defines small agricultural service firms as those with annual receipts less than $7,500,000 (13 CFR 121.201). Based on shipment data and other information provided by the Raisin Administrative Committee (RAC), which administers the Federal marketing order for raisins produced from grapes grown in California, most producers and approximately 18 handlers of California raisins may be classified as small entities. The RAC represents the entire California raisin industry; no other state produces raisins commercially. This action should not have any impact on handlers' or growers' benefits or costs. The action will clarify AMS grade standards by eliminating the use of the term “midget” and consistently using the term “small” for raisins graded in that category. The industry has used the two terms interchangeably for years. The proposed grade standards will be applied uniformly by all handlers. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this rule will not change the information collection and recordkeeping requirements previously approved, and will impose no additional reporting or recordkeeping burden on domestic producers, first handlers, and importers of processed raisins. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. The rule will impact marketing programs that regulate the handling of processed raisins under 7 CFR part 989. Raisins under a marketing order must meet certain requirements set forth in the grade standards. In addition, raisins are subject to section 8e import requirements under the Agricultural Marketing Act of 1937, as amended (7 U.S.C. 601-674), which requires that imported raisins meet grade, size, and quality under the applicable marketing order (7 CFR part 999). Background AMS continually reviews all fruit and vegetable grade standards to ensure their usefulness to the industry, and to modernize language and remove duplicative terminology. On May 13, 2013, AMS received a petition from the Little People of America stating that they “are trying to raise awareness around and eliminate the use of the word midget.” The petition further stated that, “Though the use of the word midget by the USDA when classifying certain food products is benign, Little People of America, and the dwarfism community, hopes that the USDA would consider phasing out the term midget.” AMS determined that the processed raisin grade standard contained “small or midget” terminology for the same requirement. Before developing these proposed revisions, AMS solicited comments and suggestions about the grade standards from the RAC, which represents the entire California raisin industry. On August 14, 2014, the RAC approved the removal of the term midget from the standards. On August 21, 2015, AMS published a Proposed Rule in the **Federal Register** (80 FR 50803) soliciting comments on removing five references to the term “midget” from the standards. Eight comments were submitted by October 20, 2015, the closing date of the public comment period. Five of the eight comments fully supported the revisions; three did not. Five commenters, one of which represents the dwarfism community, fully support the revisions. Four of them believe the issue is not about political correctness, but, rather, is a matter of common decency and respect. They also believe eliminating the term “midget” from USDA documents will raise awareness that the term is socially unacceptable. In addition, one commenter believes it is redundant to have two names for the same size category. All agree the term “midget” is unneeded and should be removed. Two of the three opposing commenters believe the USDA should address more important issues and not concern themselves with being “politically correct.” The third stated that even though they understand the concern of Little People of America, they believe addressing the issue is unnecessary, since, in their purchasing experience, they have never encountered raisins identified by size. The USDA and RAC support the Little People of America in the removal of the term “midget” from the raisin standards as a matter of common decency, that there is limited use of the term by industry, and because it is redundant as there is also the term “small” for the size category. No changes have been made to the rule based on the comments. Based on the information gathered, AMS is removing five references to the term “midget” in the following sections: 52.1845(b) and (c), 52.1850(a)(2) and (a)(3), and Table I. The revisions will modernize and help clarify the language of the standard by removing dual terminology for the same requirement. List of Subjects in 7 CFR Part 52 Food grades and standards, Food labeling, Frozen foods, Fruit juices, Fruits, Reporting and recordkeeping requirements, Vegetables. For reasons set forth in the preamble, 7 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 2. In § 52.1845, paragraphs
(b)and
(c)are revised to read as follows: § 52.1845 Sizes of seedless raisins.
(b)*Small* size raisins means that 95 percent, by weight, of all the raisins will pass through round perforations 24/64 -inch in diameter, and not less than 70 percent, by weight, of all raisins will pass through round perforations 22/64 -inch in diameter.
(c)*Mixed* size raisins means a mixture that does not meet either the requirements for “select” size or for “small” size. 3. In § 52.1846, Table I is amended under the heading “Substandard development and undeveloped” by removing the entry for “Small (Midget) size” and adding in its place an entry for “Small size” to read as follows: § 52.1846 Grades of seedless raisins. Table I—Allowances for Defects in Type I, Seedless Raisins and Type II, Golden Seedless Raisins Defects U.S. Grade A U.S. Grade B U.S. Grade C * * * * * * * Substandard development and undeveloped Total Total Total * * * * * * * Small size 2 3 5 * * * * * * * 4. In § 52.1850, paragraphs (a)(2) and
(3)are revised to read as follows: § 52.1850 Sizes of raisins with seeds—except layer or cluster.
(a)* * *
(2)*Small* size raisins means that all of the raisins will pass through round perforations 34/64 -inch in diameter and not less than 90 percent, by weight, of all the raisins will pass through round perforations 22/64 -inch in diameter.
(3)*Mixed* size raisins means a mixture does not meet either the requirements for “select” size or for “small” size. Dated: June 17, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-14821 Filed 6-22-16; 8:45 am]
Connectionstraces to 5
6 references not yet in our index
- 7 CFR 52
- 7 USC 601-674
- 5 USC 601-612
- 7 CFR 989
- 7 CFR 999
- 7 USC 1621-1627
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Cite7 CFR 52
Cite7 USC 601-674
Cite5 USC 601-612
Cite7 CFR 989
Cite7 CFR 999
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