Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-07-18.xml --- 81 137 Monday, July 18, 2016 Contents Editorial Note: In the printed version of the **Federal Register** Table of Contents for Friday, July 15, 2016, FR Doc. 2016-16756 was incorrectly listed under the Commission on Education for the Deaf. This document should have appeared under Drug Enforcement Agency. Agricultural Marketing Agricultural Marketing Service RULES Suspensions and Revisions of Incoming Size-Grade Requirements:

Olives Grown in California, 46567-46570 2016-16704 PROPOSED RULES Increased Assessment Rates: Almonds Grown in California, 46616-46619 2016-16814 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Rural Business-Cooperative Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Importation of Sheep, Goats, and Certain Other Ruminants, 46619-46639 2016-16816 NOTICES International Trade Data System Test:

Electronic Submission to the Automated Commercial Environment of Data Using the Partner Government Agency Message Set, 46640 2016-16932 Antitrust Division Antitrust Division NOTICES Membership Changes under the National Cooperative Research and Production Act: Open Mobile Alliance, 46702 2016-16779 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Supervisory Highlights: Summer Edition, 46652-46657 2016-16787 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 46675-46682 2016-16882 2016-16872 2016-16873 2016-16874 Statements of Organization, Functions, and Delegations of Authority, 46677 2016-16884 Children Children and Families Administration NOTICES Privacy Act; Systems of Records, 46682-46693 2016-16812 Civil Rights Civil Rights Commission NOTICES Meetings: Illinois Advisory Committee, 46642 2016-16902 Coast Guard Coast Guard RULES Drawbridge Operations: Black Warrior River, Eutaw, AL, 46599-46600 2016-16864 Safety Zones:

Seafair Air Show Performance, 2016, Seattle, WA, 46601 2016-16870 Security Zones: Seattle's Seafair Fleet Week Moving Vessels, 2016, Puget Sound, WA, 46600-46601 2016-16871 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Meetings: Mutual Savings Association Advisory Committee, 46765-46766 2016-16958 Defense Department Defense Department See Engineers Corps NOTICES Meetings:

Government-Industry Advisory Panel, 46657-46659 2016-16931 Education Department Education Department RULES Equity Assistance Centers, 46808-46817 2016-16811 Final Priorities: Equity Assistance Centers, 46817-46819 2016-16810 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2017-2018 Free Application for Federal Student Aid, 46659-46661 2016-16930 Applications for New Awards: Equity Assistance Centers, 46820-46826 2016-16809 Employment and Training Employment and Training Administration NOTICES Worker Adjustment Assistance Eligibility;

Amended Certifications: AK Steel Corp. Ashland Works, Ashland, KY, 46703-46704 2016-16832 Day and Zimmermann, Inc., Parsons, KS, 46705 2016-16839 LPL Financial, LLC, San Diego, CA, 46704 2016-16835 Mitsubishi Motors North America, Inc., Normal, IL, 46711-46712 2016-16836 PetroChoice, LLC, Chisholm, MN, 46703 2016-16842 Worker Adjustment Assistance Eligibility; Determinations, 46706-46711 2016-16841 Worker Adjustment Assistance Eligibility; Reconsiderations: Owens-Brockway Glass Container, Inc., Oakland, CA, 46704 2016-16837 Worker Adjustment Assistance;

Amended Certifications: D Plus H USA Corp., Portland, OR, 46705 2016-16831 Worker Adjustment Assistance; Investigations, 46712-46713 2016-16830 Worker and Alternative Trade Adjustment Assistance Eligibility: Micro Power Electronics, Inc., Beaverton, OR, 46705-46706 2016-16838 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Final Coverage Determination; Test Procedures for Miscellaneous Refrigeration Products, 46768-46805 2016-14389 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Lake Okeechobee Watershed Project Okeechobee, Highlands, Charlotte, Glades, Martin and St. Lucie Counties, FL, 46659 2016-16920 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Determination of Attainment of the 1-Hour Ozone National Ambient Air Quality Standard in the San Joaquin Valley Nonattainment Area, 46608-46612 2016-16792 Louisiana; Permitting of Greenhouse Gases, 46606-46608 2016-16791 Oregon;

Extension of the Attainment Date for the Oakridge, OR, 24-hour PM2.5 Nonattainment Area, 46612-46613 2016-16789 NOTICES Meetings: Work Group under the Auspices of the Chartered Science Advisory Board, 46672 2016-16929 Requests for Information: Oil and Natural Gas Sector; Emerging Technologies, 46670-46672 2016-16927 Federal Aviation Federal Aviation Administration NOTICES Meetings: Aircraft Emergency Locator Transmitters, 46757 2016-16934 RTCA Special Committee 225, Rechargeable Lithium Battery and Battery Systems, 46757-46758 2016-16926 Waivers of Aeronautical Land-Use Assurances, 46756-46757 2016-16937 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receiverships: 1st Regents Bank, Andover, MN, 46673 2016-16890 First Peoples Bank, Port Saint Lucie, FL, 46673 2016-16888 Plantation Federal Bank, Pawleys Island, SC, 46673 2016-16889 Federal Election Federal Election Commission NOTICES Filing Dates:

Pennsylvania Special Election in the 2nd Congressional District, 46673-46674 2016-16821 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46664-46666 2016-16899 Combined Filings, 46662-46664, 46668-46669 2016-16877 2016-16878 2016-16879 2016-16880 Environmental Reviews: Texas Eastern Transmission, LP; Access South, Adair Southwest, and Lebanon Extension Projects, 46666-46667 2016-16900 Meetings:

Wickiup Hydro Group, LLC; Schedule Change, 46666 2016-16898 Qualifying Conduit Hydropower Facilities: Sheridan, WY, 46669-46670 2016-16896 Records Governing Off-the-Record Communications, 46661-46662 2016-16881 Refund Effective Dates: Panda Liberty, LLC, 46664 2016-16894 PJM Interconnection, LLC, 46664 2016-16895 Staff Attendances, 46667-46668 2016-16897 Federal Highway Federal Highway Administration NOTICES Funding Availability: Tribal Transportation Program Safety Funding, 46758-46764 2016-16875 Federal Maritime Federal Maritime Commission NOTICES Meetings;

Sunshine Act, 46674 2016-16961 Fish Fish and Wildlife Service NOTICES Permits: Endangered Species, 46698-46699 2016-16862 Marine Mammals, 46698 2016-16863 Food and Drug Food and Drug Administration RULES Food Additives Permitted for Direct Addition to Food for Human Consumption: Vitamin D2 and Vitamin D3, 46578-46582 2016-16738 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Clinical Laboratory Improvement Amendments Act Waiver Applications, 46693-46694 2016-16886 Meetings:

Refurbishing, Reconditioning, Rebuilding, Remarketing, Remanufacturing, and Servicing of Medical Devices Performed by Third-Party Entities and Original Equipment Manufacturers; Workshop, 46694-46695 2016-16887 Food Safety Food Safety and Inspection Service RULES Requirements for the Disposition of Non-Ambulatory Disabled Veal Calves, 46570-46577 2016-16904 Foreign Trade Foreign-Trade Zones Board NOTICES Limited Production Activities; Authorizations: Gulfstream Aerospace Corp., Foreign-Trade Zone 168, Dallas/Fort Worth, TX, 46642-46643 2016-16371 Forest Forest Service NOTICES New Fee Sites, 46640-46641 2016-16750 General Services General Services Administration NOTICES Privacy Act;

Systems of Records, 46674-46675 2016-16868 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES Nondiscrimination in Health Programs and Activities; Correction, 46613-46614 2016-16680 Homeland Homeland Security Department See Coast Guard Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming, 46700 2016-16919 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service RULES Arbitrage Guidance for Tax-Exempt Bonds, 46582-46599 2016-16558 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Oil Country Tubular Goods from the Republic of Korea, 46645-46647 2016-16923 Stainless Steel Sheet and Strip From the People's Republic of China, 46643-46645 2016-16947 Welded ASTM A-312 Stainless Steel Pipe from the Republic of Korea, 46647-46649 2016-16945 NAFTA Panel Reviews, 46647 2016-16844 International Trade Com International Trade Commission NOTICES Complaints: Certain Quartz Slabs, 46701-46702 2016-16845 Meetings; Sunshine Act, 46700-46701 2016-17012 2016-17013 Justice Department Justice Department See Antitrust Division NOTICES Proposed Consent Decrees under the Clean Water Act, 46702-46703 2016-16885 Labor Department Labor Department See Employment and Training Administration NOTICES Determinations of Submission under the United States-Colombia Free Trade Agreement, 46713-46714 2016-16828 Land Land Management Bureau NOTICES Plats of Surveys:

Oregon/Washington, 46700 2016-16876 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 46714-46715 2016-17081 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46715 2016-16827 Meetings; Sunshine Act, 46715 2016-17045 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decision of Inconsequential Noncompliance; Approvals: Continental Tire the Americas, LLC, 46764-46765 2016-16843 National Institute National Institutes of Health NOTICES Meetings:

Kidney Interagency Coordinating Committee, 46696-46697 2016-16907 National Eye Institute, 46695-46696 2016-16833 National Institute of Allergy and Infectious Diseases, 46697 2016-16834 Requests for Information: Technologies Used to Identify Substances with the Potential to Cause Acute Systemic Toxicity, 46696 2016-16840 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States; Northeast Multispecies Fishery: Georges Bank Cod Trimester Total Allowable Catch Area Closure for the Common Pool Fishery, 46615 2016-16891 International Fisheries:

Pacific Tuna Fisheries; 2016 Bigeye Tuna Longline Fishery Closure in the Eastern Pacific Ocean, 46614-46615 2016-16893 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46650-46651 2016-16903 Meetings: Gulf of Mexico Fishery Management Council, 46651-46652 2016-16915 New England Fishery Management Council, 46650, 46652 2016-16910 2016-16913 Pacific Fishery Management Council; Webinar, 46651 2016-16909 Western Pacific Fishery Management Council, 46649-46650 2016-16914 National Science National Science Foundation NOTICES Permit Applications:

Antarctic Conservation Act, 46715-46716 2016-16869 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Renewals: Board of Regents of the University of California, Irvine Nuclear Reactor Facility, 46716-46718 2016-16933 Meetings: Advisory Committee on the Medical Uses of Isotopes, 46716 2016-16905 Ocean Energy Management Ocean Energy Management Bureau RULES Regulatory Guidance: Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental Shelf—Requiring Additional Security, 46599 2016-16846 Postal Regulatory Postal Regulatory Commission NOTICES Market Test of Experimental Product-Customized Delivery, 46718-46719 2016-16823 New Postal Products, 46718 2016-16822 Rural Business Rural Business-Cooperative Service NOTICES Meetings:

Rural Business Lending National Stakeholder Forum 2016—Business and Industry Guaranteed Loan Program, 46641-46642 2016-16921 Securities Securities and Exchange Commission NOTICES Meetings: Equity Market Structure Advisory Committee, 46744-46745 2016-16892 Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc., 46745-46746 2016-16860 Bats BZX Exchange, Inc., 46725-46728, 46738-46739, 46747-46749 2016-16849 2016-16850 2016-16861 Bats EDGX Exchange, Inc., 46719-46721 2016-16848 C2 Options Exchange, Inc., 46746-46747 2016-16854 Chicago Board Options Exchange, Inc., 46721-46724 2016-16852 2016-16853 International Securities Exchange, LLC, 46728-46730 2016-16855 Investors Exchange, LLC, 46730-46731 2016-16866 Miami International Securities Exchange, LLC, 46734-46737 2016-16858 NASDAQ BX, Inc., 46739-46744 2016-16857 NASDAQ PHLX, LLC, 46731-46734 2016-16859 NASDAQ Stock Market, LLC, 46724-46725 2016-16851 NYSE MKT, LLC, 46749-46751 2016-16856 Small Business Small Business Administration NOTICES Disaster Declarations:

Connecticut, 46751-46752 2016-16818 Oklahoma, 46752 2016-16825 Texas, 46752 2016-16826 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46752-46754 2016-16865 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Mental Health Services National Advisory Council, 46697 2016-16829 Center for Substance Abuse Prevention National Advisory Council, 46698 2016-16820 Trade Representative Trade Representative, Office of United States NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: African Growth and Opportunity Act; Annual Review of Country Eligibility for Benefits under AGOA in Calendar Year 2017, 46755-46756 2016-16957 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service U.S. Institute United States Institute of Peace NOTICES Meetings, 46766 2016-16785 Veteran Affairs Veterans Affairs Department RULES Hospital Care and Medical Services for Camp Lejeune Veterans, 46603-46606 2016-16917 Prescriptions in Alaska and U.S.

Territories and Possessions, 46601-46602 2016-16908 Separate Parts In This Issue Part II Energy Department, 46768-46805 2016-14389 Part III Education Department, 46808-46826 2016-16811 2016-16810 2016-16809 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. 81 137 Monday, July 18, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Docket No.

AMS-SC-16-0031; SC16-932-1 IR] Olives Grown in California; Suspension and Revision of Incoming Size-Grade Requirements AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. SUMMARY: This rule implements a recommendation from the California Olive Committee (Committee) to suspend the incoming size-grade authority under the California olive marketing order (order), which regulates the handling of olives in California. The rule also makes conforming changes to the corresponding size-grade requirements in the order's rules and regulations to adapt them to the suspension.

The Committee locally administers the order and is comprised of California olive producers and handlers operating within the production area. The suspension and revisions are intended to allow the Committee time to develop new incoming size-grade authority that will reflect currently-available technology and meet the industry's future needs. DATES: Effective July 19, 2016; comments received by September 16, 2016 will be considered prior to issuance of a final rule. ADDRESSES:

Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax:

(202)720-8938; or Internet: *http://www.regulations.gov.* All comments should reference the document number and the date and page number of this issue of the **Federal Register** and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.regulations.gov.* All comments submitted in response to this rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Peter Sommers, Marketing Specialist, or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone:

(559)487-5901, Fax:

(559)487-5906; or Email: *PeterR.Sommers@ams.usda.gov* or *Jeffrey.Smutny@ams.usda.gov.* Small businesses may request information on complying with this regulation by contacting Antoinette Carter, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or Email: *Antoinette.Carter@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement 148 and Order No. 932, both as amended (7 CFR part 932), regulating the handling of olives grown in California, hereinafter referred to as the “order.” The agreement and order are effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture

(USDA)is issuing this interim rule in conformance with Executive Orders 12866, 13563, and 13175. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule suspends the incoming size-grade authority of the marketing order and revises the corresponding size-grade requirements in the order's rules and regulations. The current authority establishes a range of size designations and average count ranges per pound into which the varieties of olives must fall in order to be size-certified by the Federal or Federal-State Inspection Service. The incoming size-grade regulations do not reflect the size-grading capabilities of newer technology available to California olive handlers. Currently, the order mandates that sizing of olives be based on count ranges and average counts per pound, while the new technology sizes olives using their associated mass and volume. Thus, the current size-grade requirements and the sizing capabilities of the new technology are incompatible. This recommendation was passed unanimously by the Committee at a meeting on February 17, 2016. The incoming regulations include a requirement for olives to be weighed upon receipt. This regulation is not being suspended, since handlers need to weigh the bins of incoming olives so that each producer has a record of their total deliveries to handlers. Thus, this relaxation will require continued weighing of olives but will suspend the requirement that olives be size-graded upon receipt. By relaxing the sizing requirement, handlers will be able to voluntarily size olives to make accurate payments to their producers on their total deliveries, ensure that the olives they place into their storage tanks are uniform in size for efficient processing, and utilize any olive size for limited-use styles. Even though there will be no incoming size requirements, handlers will continue to be bound by mandatory inspection and certification of outgoing size requirements listed in the U.S. Standards for Grade of Canned Ripe Olives (7 CFR part 52). Outgoing inspection, based on weight and count, will continue to be used to verify compliance with the U.S. Standards of the previously sorted olives. Limited-use styles include olives that are no longer in whole form and are sliced, segmented (wedged), chopped, halved, and broken pitted styles. When incoming regulation is in effect, the Committee has authority to identify size-grade categories of olives that are eligible to be used in limited-use styles. With the suspension of the incoming size-grade requirement, handlers will be able to use any size olive for limited-use styles. Therefore, the suspension of incoming size-grade regulation relaxes the requirements for limited-use. This suspension is necessary in order to provide the industry, and their USDA partners, the opportunity to work on new size-grading requirements that will address and work in tandem with new sizing technology. This rule suspends language in § 932.51 related to size-grade requirements. In addition, this rule revises language in § 932.151, where “weight” is used to replace “size-grading,” and removes certain references to the “inspection service” or replaces the term with “Committee.” With this change, while incoming regulation is suspended, the Committee will receive information directly from handlers on incoming olive receipts from growers, rather than through the Inspection Service. Section 932.51 of the order specifies that incoming olives be weighed and size-graded under the supervision of the Federal or Federal-State Inspection Service. The size designations set forth are those found in the U.S. Standards for Grade of Canned Ripe Olives (7 CFR part 52) and include additional size designations specified in § 932.51. Section 932.51 also establishes authority for handlers to use limited-use olives. As previously stated, once the suspension is in effect, handlers will be able to use any olives in the production of limited-use styles. As noted above, weight certification will still be required under § 932.51 for all olives received by handlers, so that producers will be able to confirm their total deliveries to handlers. Section 932.151 of the order's rules and regulations specifies the requirements for incoming olives, which are—weighing, size-grading, and certifying of canning olives and non-canning olives (culls). The olive industry has been involved in a technological shift since 2012. In addition to electronic reporting technology, which eliminates burdensome paper reports, the industry has begun moving toward more cost-effective and accurate sizing technology. New technology sorts olives by measuring the volume and mass of each olive directly, rather than by count per pound and approximate count per pound. As technology changes and improves, better methods of classifying olives by size need to be in place. With the technology now available, handlers report a 30-percent reduction in labor costs. Those reduced costs contribute to making California olive handlers more competitive with other olive-processing countries. Since new technology represents a significant departure from existing size-grading techniques, the Committee believes, with industry support, that the correct course of action is to suspend the incoming size-grade requirements. This will give the industry, working with their USDA partners, the time to develop size-grade requirements that reflect changes in technology. This suspension requires a modification of two Committee forms, Weight and Grade Report (COC-3c) and the Report of Limited and Undersize and Cull Olives Inspection and Disposition (COC-5). Both are approved for use under OMB No. 0581-0178, Generic Vegetables and Specialty Crops, and used by the Federal or Federal-State Inspection Service to certify sizes of incoming olives and limited-use style sizes. In addition, the COC-3c is specified as being an inspection certificate. Since this rule suspends the incoming size-grading requirements, there is no need for the inspection service to certify sizes of olives or issue an inspection certificate. Following the publication of this rule, the COC-3c will be used by handlers to report to the Committee the incoming weights and volume size distribution of the sample. The COC-5 will be used by handlers to certify limited, undersize, and cull olive disposition. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are two handlers subject to regulation under the marketing order and approximately 1,000 olive producers in the production area. Small agricultural service firms are defined by the Small Business Administration

(SBA)as those having annual receipts of less than $7,500,000, and small agricultural producers are defined as those having annual receipts of less than $750,000 (13 CFR 121.201). Based upon information from the Committee and the National Agricultural Statistics Service (NASS), the average producer price for the 2013-14 crop year (the last year information was available) was $1,150 per ton of canning-size olives and $385 per ton for limited-use size olives. The total assessable volume was 85,668 tons. Canning sizes represented 88 percent of the assessable olive volume, while limited-use sizes represented 12 percent of the assessable olive volume. Based on production, producer prices, and the total number of California olive producers, the average annual producer revenue is less than $750,000. Thus, the majority of olive producers may be classified as small entities. Both of the handlers may be classified as large entities. This relaxation is expected to positively impact both handlers and producers. Handlers will be able to use new technology as it becomes available to voluntarily size-grade incoming fruit more accurately, helping them be more competitive. Producers will benefit from more-accurate sizing, potentially resulting in higher handler payments to producers. This relaxation will also provide the industry with the opportunity to develop new mandatory sizing requirements conducive to alternative sizing capabilities. The Committee's Incoming Inspection Workgroup initially discussed this recommendation and its alternatives on January 25, 2016, as did the Inspection Subcommittee prior to the Committee meeting on February 17, 2016. The Committee also considered alternatives to this action, but concluded that the correct course of action would be to recommend suspension. For all the reasons cited herein, the alternative to continue mandatory size-grading was not considered viable, would not give handlers the flexibility they need, and was rejected. This rule suspends the size-grade requirements of the incoming regulations in § 932.51, beginning with the 2016-2017 crop year. It also revises the rules and regulations in § 932.151 allowing for the continued certification of olives by weight and replaces references to the inspection service with the Committee. In addition, minor modifications are being made to the COC 3 and COC 5 forms. The suspension and revisions are intended to allow the Committee time to develop new requirements that address advancing technology and equipment; help reduce handling costs, keeping the California industry competitive with other olive-processing countries; and increase handler efficiency. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements are approved by the Office of Management and Budget

(OMB)under OMB No. 0581-0178 (Generic Vegetables and Specialty Crops). Minor changes to those requirements are necessary as a result of this action. AMS has submitted a request to the Office of Management and Budget

(OMB)to make minor changes to forms COC-3c and COC-5. The four changes to form COC-3c include removing the block entitled “Cert No.”; deleting the words “inspection certificate” from the block entitled “California Olive Committee”; deleting the statement “This lot was weighed, sampled, and size graded under the direct supervision of the Federal-State Inspection Program” and deleting the signature and date lines associated with that statement; and lastly, removing the words “OFFICIAL INSPECTION CERTIFICATE” and adding the words “Handler Use Only”. The changes to form COC-5 include changing the words “(5) REQUEST FOR INSPECTION” to “(5) DISPOSITION” and removing the words “(7) INSPECTION CERTIFICATION: The olives inspected conform to the information listed above” and deleting the space for the inspector's signature and the date. Additionally, changes to the form's instructions include removing the words “to be inspected” from the GENERAL instruction, and deleting the instruction for ITEM (7). AMS is committed to complying with the E-Government Act, 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. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Furthermore, the Committee's meeting was widely publicized throughout the California olive industry, and all interested persons were invited to attend the meeting and encouraged to participate in Committee deliberations. Like all Committee and subcommittee meetings, the January 25, 2016, and February 17, 2016, meetings were public meetings, and all entities, both large and small, were able to express their views on this issue. Also, the Committee has a number of appointed subcommittees that review specific issues and make recommendations to the Committee. The Committee's Inspection Subcommittee met on February 17, 2016, prior to the full Committee meeting on that same day, and discussed this issue in detail. That meeting was the result of a special working group meeting on January 25, 2016. The working group was tasked with reviewing the inspection protocol and related issues, and reporting their findings and recommendations to the Inspection Subcommittee. All three meetings were public meetings, and both large and small entities were encouraged to participate and express their views. Finally, interested persons are invited to submit comments on this interim rule, including the regulatory and informational impacts of this action on small businesses. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/rules-regulations/moa/small-businesses.* Any questions about the compliance guide should be sent to Antoinette Carter at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. This rule invites comments on the suspension and revision of incoming size-grade requirements under the California olive marketing order. Any comments received will be considered prior to the finalization of this rule. After consideration of all relevant material presented, including the Committee's recommendation, and other information, it is found that this interim rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 60 days after publication in the **Federal Register** because: the Committee unanimously recommended these changes at a public meeting; this is a relaxation of the marketing order requirements; and this rule provides a 30-day comment period. Any comments received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 932 Marketing agreements, Olives, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 932 is amended as follows: PART 932—OLIVES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 932 continues to read as follows: Authority: 7 U.S.C. 601-674. § 932.51 [Amended] 2. In § 932.51, suspend indefinitely paragraphs (a)(1)(ii) through (a)(5). 3. Amend § 932.151 by revising paragraphs (a), (b), (c), (d), (e)(1), (2), and (4), and (f)(1) to read as follows: § 932.151 Incoming regulations.

(a)*Inspection stations.* Natural condition olives shall be weighed only at inspection stations which shall be a plant of a handler or other place having facilities for weighing such olives: *Provided,* That such location and facilities are satisfactory to the committee: *Provided further,* That upon prior application to, and approval by, the committee, a handler may receive olives at an inspection station other than the one where the lot was weighed.

(b)*Lot identification.*

(1)Immediately upon receipt of each lot of natural condition olives, the handler shall complete Form COC 3A or 3C, weight and grade report or such other lot identification form as may be approved by the committee, which shall contain at least the following:

(i)Lot number;

(ii)Date;

(iii)Variety; and

(iv)Number and type containers.

(2)The handler shall maintain identity of such lot of olives with its corresponding lot weight and grade report.

(c)*Weighing.* Each lot of natural condition olives shall be separately weighed to determine the net weight of olives.

(d)*Handler incoming responsibility* —(1) *General.* The handler is responsible for the proper performance of all actions connected with the identification of lots of olives, the weighing of boxes or bins, the taking of samples, and the furnishing of necessary personnel for the carrying out of such actions.

(2)*Certification.*

(i)For each lot of olives that are weighed, the handler shall complete Form COC-3A or 3C, weight and grade report, which shall contain at least the following:

(A)Name of handler;

(B)Name of producer;

(C)County of production;

(D)Applicable lot number;

(E)Weight certificate number;

(F)Net weight;

(G)Number and type of containers;

(H)Date received;

(I)Time received; and

(J)Weight of sample.

(ii)The completed Form COC-3A or 3C shall be furnished to the committee, which shall certify thereon that the lot was weighed as required by § 932.51 if in accordance with the facts.

(e)*Disposition of noncanning olives* —(1)(i) *Notification and inspection of noncanning olives.* Prior to disposition of noncanning olives the handler shall complete Form COC-5, report of limited and undersize and cull olives inspection and disposition, which shall contain the following:

(A)Type and number of containers;

(B)Type of olives (undersize or culls);

(C)Net weight;

(D)Variety;

(E)Outlet (green olives, olive oil, etc.); and

(F)Consignee.

(ii)Before disposition of such olives, the completed Form COC-5 shall be furnished to the committee.

(2)*Control and surveillance.* Noncanning olives that have been reported on Form COC-5 shall, unless such olives are disposed of immediately after receipt, be identified by fixing to each bin or pallet of boxes a COC control card which may be obtained from the committee. Such olives shall be kept separate and apart from other olives in the handler's possession and shall be disposed of only in the outlet shown on Form COC-5.

(4)*Olives not subject to incoming regulation requirements.* Except as otherwise prescribed in § 932.51(b), any lot of olives to be used solely in the production of green olives or canned ripe olives of the “tree ripened” type shall not be subject to incoming regulation: *Provided,* That the applicable requirements of § 932.51(b) are met and the handler notifies the committee, in writing, that such lot is to be so used. Notice may be given by writing on the weight certificate “Lot to be used solely for use in the production of green olives or tree ripened olives” and a copy of such weight certificate given to the committee.

(f)*Partially exempted lots.*

(1)Pursuant to § 932.55, any handler may process any lot of natural condition olives for use in the production of packaged olives which has not first been weighed as an individual lot as required by § 932.51(a)(1)(i) but was combined with any other lot or lots of natural condition olives, only if:

(i)All the olives in the combined lot are delivered to the handler in the same day;

(ii)The total net weight of the olives delivered to the handler by any person in such day does not exceed 500 pounds;

(iii)Each such person had authorized combination of his lot with other lots; and

(iv)The combined lot of the natural condition olives is weighed as required by § 932.51(a)(1)(i) prior to processing the olives. Dated: July 11, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-16704 Filed 7-15-16; 8:45 am]

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