Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-08-12.xml --- 81 156 Friday, August 12, 2016 Contents Agricultural Marketing Agricultural Marketing Service RULES National Dairy Promotion and Research Program; Amendments to the Order, 53245-53247 2016-19140 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Federal Crop Insurance Corporation See Forest Service See National Agricultural Statistics Service NOTICES Statement of Principles on Industrial Hemp, 53395-53396 2016-19146 Animal Animal and Plant Health Inspection Service RULES National Poultry Improvement Plan and Auxiliary Provisions, 53247-53252 2016-19245 PROPOSED RULES Importation of Plants:

Orchids in Growing Media From the Republic of Korea, 53334-53336 2016-19224 NOTICES Environmental Impact Statements; Availability, etc.: Fruit Fly Eradication Program, 53398-53399 2016-19223 Findings of No Significant Impact, etc.: Okanagan Specialty Fruits, Inc., Extension of Nonregulated Status for Non-Browning Arctic Apple Event NF872 Apple, 53396-53398 2016-19222 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement PROPOSED RULES Oil and Gas and Sulfur Operations:

Decommissioning Costs for Pipelines, Outer Continental Shelf, 53348-53353 2016-19057 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 53402-53403 2016-19311 Coast Guard Coast Guard RULES Drawbridge Operation Regulations; CFR Correction, 53271 2016-19344 Drawbridge Operations: Rockaway Inlet, Queens, NY, 53270-53271 2016-19189 Special Local Regulations: Allegheny River Mile 0.0-1.5; Pittsburgh, PA, 53269-53270 2016-19138 Commerce Commerce Department See First Responder Network Authority See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 2016-19235 53466-53467 2016-19236 Commodity Futures Commodity Futures Trading Commission RULES Written Acknowledgment of Customer Funds from Federal Reserve Banks, 53266-53268 2016-19211 PROPOSED RULES Chief Compliance Officer Annual Report Requirements for Futures Commission Merchants, Swap Dealers, and Major Swap Participants: Filing Dates, 53343-53348 2016-19231 NOTICES Federal Reserve Banks from Sections of the Commodity Exchange Act; Exemptions, 53467-53475 2016-19210 Drug Drug Enforcement Administration RULES Applications to Become Registered under the Controlled Substances Act to Manufacture Marijuana to Supply Researchers in the U.S., 53846-53848 2016-17955 PROPOSED RULES Denial of Petition to Initiate Proceedings to Reschedule Marijuana, 53688-53845 2016-17954 2016-17960 NOTICES Statement of Principles on Industrial Hemp, 53395-53396 2016-19146 Education Department Education Department RULES Final Priorities:

Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind Program, 53271-53280 2016-19273 NOTICES Applications for New Awards: Promoting Student Resilience, 53481 2016-19254 Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind Program, 53476-53481 2016-19270 Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind Program;

Correction, 53475-53476 2016-19269 Energy Department Energy Department PROPOSED RULES Procedural Rules for DOE Nuclear Activities, 53337-53342 2016-19103 NOTICES Requests for Information: Energy Savings Performance Contract Energy Sales Agreement, 53481-53482 2016-19232 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Idaho; Stationary Source Permitting Revisions, 53290-53294 2016-19122 Indiana;

Abengoa Bioenergy of Indiana, Commissioner's Order, 53297-53300 2016-19032 Louisiana; Interstate Transport of Air Pollution for the 2008 Ozone National Ambient Air Quality Standards, 53308-53309 2016-19148 Sacramento Metropolitan Air Quality Management District, CA, 53280-53284 2016-18900 San Joaquin Valley, CA, 53294-53297, 53300-53308 2016-18898 2016-18903 Texas; Interstate Transport of Air Pollution for the 2008 Ozone National Ambient Air Quality Standards, 53284-53290 2016-19151 Wisconsin;

Interstate Transport Requirements for the 2008 Ozone NAAQS, 53309-53311 2016-19025 National Priorities List: National Oil and Hazardous Substances Pollution Contingency Plan: Deletion of the Jackson Steel Superfund Site, 53311-53315 2016-19130 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Colorado—Motor Vehicle Inspection and Maintenance, Clean Screen Program and the Low Emitter Index, On-Board Diagnostics, 53370-53378 2016-18878 Indiana;

Abengoa Bioenergy of Indiana, Commissioner's Order, 53378-53379 2016-19030 Washington; Updates to Incorporation by Reference and Miscellaneous Revisions, 53362-53365 2016-19031 Wyoming—Primary Air Quality Standards, Minor Source Baseline Date, Incorporation by Reference, and 2008 Ozone NAAQS Infrastructure Requirements, 53365-53370 2016-18869 National Priorities List: National Oil and Hazardous Substances Pollution Contingency Plan: Deletion of the Jackson Steel Superfund Site, 53380-53381 2016-19142 Pesticide Petitions:

Residues of Pesticide Chemicals in or on Various Commodities, 53379-53380 2016-19239 NOTICES Environmental Impact Statements; Availability, etc., 53482 2016-19247 Farm Credit Farm Credit Administration NOTICES Equal Employment Opportunity and Diversity, 53482-53483 2016-19196 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 53255-53261 2016-18169 BAE Systems (Operations) Limited Airplanes, 53252-53255 2016-18821 Class D Airspace;

Revocations: North, SC, 53264-53265 2016-19001 Class E Airspace; Establishments: Harvey, ND, 53265-53266 2016-19006 Linton, ND, 53262-53263 2016-19011 Platte, SD, 53263-53264 2016-18996 PROPOSED RULES Class E Airspace; Amendments: Kahului, HI, 53342-53343 2016-19004 NOTICES Petitions for Exemptions; Summaries: Boeing Executive Flight Operations, 53537 2016-19237 Mr. Karl Beutner, 53538 2016-19238 TransPac Aviation Academy, 53537-53538 2016-19242 USA Jet Airlines, 53536-53537 2016-19240 Federal Communications Federal Communications Commission PROPOSED RULES Greater Flexibility in Data Communications:

Amateur Radio Service, 53388-53391 2016-19085 Federal Crop Federal Crop Insurance Corporation RULES Submission of Policies, Provisions of Policies, Rates of Premium, and Non-Reinsured Supplemental Policies, 53658-53686 2016-18743 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership: 10474 First Federal Bank, Lexington, KY, 53483 2016-19101 Federal Election Federal Election Commission NOTICES Filing Dates: Hawaii Special Election in the 1st Congressional District, 53484 2016-19205 Meetings;

Sunshine Act, 53483-53484 2016-19305 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: MD 28/MD 198 Corridor Study, Montgomery and Prince George's County, MD, 53538-53539 2016-19197 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Licensing Applications for Motor Carrier Operating Authority, 53539-53540 2016-18988 Federal Railroad Federal Railroad Administration RULES System Safety Program, 53850-53905 2016-18301 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53484-53486 2016-19230 FIRSTNET First Responder Network Authority NOTICES Environmental Impact Statements; Availability, etc.: Central Region of the Nationwide Public Safety Broadband Network; Public Meetings, 53403-53404 2016-19265 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: San Miguel Island Fox, Santa Rosa Island Fox, Santa Cruz Island Fox, Santa Catalina Island Fox, 53315-53333 2016-18778 PROPOSED RULES Migratory Bird Hunting:

Regulations for the 2017-18 Hunting Season; Supplement, 53391-53394 2016-19221 Food and Drug Food and Drug Administration NOTICES Guidance for Industry: Dietary Supplements; New Dietary Ingredient Notifications and Related Issues, 53486-53489 2016-19306 Statement of Principles on Industrial Hemp, 53395-53396 2016-19146 Forest Forest Service NOTICES Meetings: Flathead Resource Advisory Committee, 2016-19217 53399-53402 2016-19225 2016-19303 Glenn and Colusa County Resource Advisory Council, 53401 2016-18958 Southwest Mississippi Resource Advisory Committee, 53400 2016-19160 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Administrative Dispute Resolutions: 340B Drug Pricing Program, 53381-53388 2016-18969 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Health Center Program Application Forms, 53489-53491 2016-19301 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 53501-53503 2016-18871 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53544 2016-18635 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ammonium Nitrate from the Russian Federation, 53433 2016-19248 Certain Hot-Rolled Steel Flat Products from Brazil, 53416-53419 2016-19376 Certain Hot-Rolled Steel Flat Products from the Republic of Korea, 53439-53441 2016-19377 Certain Hot-Rolled Steel Flat Products from the Republic of Turkey, 53433-53436 2016-19379 Cut-to-Length Carbon Steel Plate from the People's Republic of China, 53412-53414 2016-19250 Lightweight Thermal Paper from the People's Republic of China, 53431-53433 2016-19258 Pasta from Italy, 53404-53406 2016-19129 Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan, 53441-53443 2016-19136 Solid Urea from the Russian Federation, 53414-53416 2016-19261 Determinations of Sales at Less Than Fair Value:

Certain Hot-Rolled Steel Flat Products from Australia, 53406-53408 2016-19375 Certain Hot-Rolled Steel Flat Products from Brazil, 53424-53428 2016-19381 Certain Hot-Rolled Steel Flat Products from Japan, 53409-53412 2016-19378 Certain Hot-Rolled Steel Flat Products from the Netherlands, 53421-53424 2016-19371 Certain Hot-Rolled Steel Flat Products from the Republic of Korea, 53419-53421 2016-19380 Certain Hot-Rolled Steel Flat Products from the Republic of Turkey, 53428-53431 2016-19373 Certain Hot-Rolled Steel Flat Products from the United Kingdom, 53436-53439 2016-19374 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Computer Cables, Chargers, Adapters, Peripheral Devices and Packaging Containing the Same, 53505-53506 2016-19188 Meetings; Sunshine Act, 53505 2016-19407 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Gunnison Sage-Grouse Rangewide Draft Resource Management Plan;

Colorado and Utah, 53503-53505 2016-19100 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Merchant Marine Medals and Awards; Renewal, 53540-53541 2016-19262 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel MATTARAY, 53542 2016-19263 Vessel PWD #315, 53542-53543 2016-19257 Vessel SURGE, 53541-53542 2016-19266 Vessel TENACITY, 53541 2016-19249 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53402 2016-19218 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 53506-53507 2016-19204 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Highway National Highway Traffic Safety Administration NOTICES Meetings: National Emergency Medical Services Advisory Council, 53543-53544 2016-19215 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 53492 2016-19194 National Advisory Council on Minority Health and Health Disparities, 53492 2016-19190 National Human Genome Research Institute, 53492-53493 2016-19193 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 53491-53492 2016-19192 National Institute of Biomedical Imaging and Bioengineering, 53491 2016-19191 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53465 2016-19157 Meetings: New England Fishery Management Council, 53463-53465 2016-19251 2016-19252 Pacific Island Fisheries, 53464 2016-19253 Takes of Marine Mammals: Marine Geophysical Survey in the Southeast Pacific Ocean, 2016-2017, 53443-53463 2016-19145 National Telecommunications National Telecommunications and Information Administration NOTICES Environmental Impact Statements; Availability, etc.: Central Region of the Nationwide Public Safety Broadband Network;

Public Meetings, 53403-53404 2016-19265 Meetings: BroadbandUSA Webinar Series, 53465-53466 2016-19149 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Guidance: License Amendment Requests for Changes to Emergency Response Organization Staffing and Augmentation, 53508 2016-19212 Termination of Operating Licenses for Nuclear Reactors; Withdrawal, 53507-53508 2016-19195 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Confined Spaces in Construction:

Approval of Collections of Information, 53268 2016-18965 Presidio Presidio Trust NOTICES Meetings: Presidio Institute Advisory Council, 53508-53509 2016-19200 Securities Securities and Exchange Commission RULES Reporting and Dissemination of Security-Based Swap Information, 53546-53655 2016-17032 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2016-19181 2016-19182 2016-19183 53509, 53517, 53521, 53529-53530, 53533 2016-19207 2016-19208 Applications:

Blackrock Funds, et al., 53512-53517 2016-19184 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Stock Exchange, Inc., 53519-53521, 53523-53524 2016-19172 2016-19173 ICE Clear Credit LLC, 53530-53531 2016-19170 Investors Exchange LLC, 53509-53512 2016-19171 Miami International Securities Exchange LLC, 53527-53529 2016-19174 New York Stock Exchange LLC, 53531-53533 2016-19176 NYSE Arca, Inc., 53518-53519, 53524-53527 2016-19175 2016-19177 NYSE MKT, LLC, 53521-53523 2016-19178 Small Business Small Business Administration NOTICES Disaster Declarations:

Tennessee, 53534 2016-19180 Texas; Amendment 2, 53534 2016-19169 Texas; Amendment 3, 53534 2016-19168 Texas; Amendment 4, 53533-53534 2016-19179 Substance Substance Abuse and Mental Health Services Administration NOTICES Advancing the Care of Pregnant and Parenting Women with Opioid Use Disorder and their Infants: A Foundation for Clinical Guidance, 53493-53494 2016-19187 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53494-53496 2016-19206 2016-19214 Surface Transportation Surface Transportation Board NOTICES Amended Leases and Operation Exemptions:

Southwestern Railroad, Inc. from BNSF Railway Co., 53535-53536 2016-19228 Discontinuance of Service Exemptions: Pacific Harbor Line, Inc,, Los Angeles County, CA, 53535 2016-19233 Union Pacific Railroad Co., Port of Los Angeles San Pedro Subdivision, Los Angeles, CA, 53536 2016-19234 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES National Customs Automation Program Tests: Electronic Filing of Protests in the Automated Commercial Environment, 53497-53501 2016-19267 Quarterly IRS Interest Rates Used In Calculating Interest on Overdue Accounts and Refunds On Customs Duties, 53496-53497 2016-19167 Veteran Affairs Veterans Affairs Department PROPOSED RULES Schedule for Rating Disabilities; Skin Conditions, 53353-53362 2016-18695 Separate Parts In This Issue Part II Securities and Exchange Commission, 53546-53655 2016-17032 Part III Agriculture Department, Federal Crop Insurance Corporation, 53658-53686 2016-18743 Part IV Justice Department, Drug Enforcement Administration, 2016-17955 53688-53848 2016-17954 2016-17960 Part V Transportation Department, Federal Railroad Administration, 53850-53905 2016-18301 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. 81 156 Friday, August 12, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1150 [Document No. AMS-DA-14-0074] National Dairy Promotion and Research Program; Amendments to the Order AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule amends the Dairy Promotion and Research Order (Dairy Order). The amendment modifies the number of National Dairy Promotion and Research Board (Dairy Board) importer members. The total number of importer members would be reduced from 2 members to 1 member, and the domestic Dairy Board members would remain the same at 36. The Dairy Order requires that at least once every three years, after the initial appointment of importer members on the Dairy Board, the Secretary shall review the average volume of domestic production of dairy products compared to the average volume of imports of dairy products into the United States during the previous three years, and, on the basis of that review, if warranted, reapportion the importer representation on the Dairy Board to reflect the proportional shares of the United States market served by domestic production and imported dairy products.

DATES: *Effective Date:* August 12, 2016. FOR FURTHER INFORMATION CONTACT: Whitney A. Rick, Director, Promotion, Research and Planning Division, AMS, USDA, 1400 Independence Ave. SW., Room 2958-S, Stop 0233, Washington, DC 20250-0233. Phone:

(202)720-6909. Email: *Whitney.Rick@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This final rule is issued pursuant to the Dairy Production Stabilization Act (Dairy Act) of 1983 [7 U.S.C. 4501-4514], as amended. Executive Order 12866 The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This final rule is not intended to have a retroactive effect. In accordance with 7 U.S.C. 4512(a), this rule will not preempt or supersede any other program relating to dairy product promotion organized and operated under the laws of the United States or any State. The Dairy Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under 7 U.S.C. 4509, any person subject to the Dairy Order may file with the Secretary of Agriculture (Secretary) a petition stating that the Dairy Order, any provision of the Dairy Order, or any obligation imposed in connection with the Dairy Order is not in accordance with the law and request a modification of the Dairy Order or to be exempted from the Dairy Order. Such person is afforded the opportunity for a hearing on the petition. After a hearing, the Secretary would rule on the petition. The Dairy Act provides that the district court of the United States in any district in which the person is an inhabitant or has his principal place of business, has jurisdiction to review the Secretary's ruling on the petition, provided a complaint is filed not later than 20 days after the date of the entry of the ruling. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612), the Agricultural Marketing Service has considered the economic impact of this action on small entities and has certified that this final rule will not have a significant economic impact on a substantial number of small entities. The purpose of the Regulatory Flexibility Act is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The Dairy Act authorizes a national program for dairy product promotion, research and nutrition education. Congress found that it is in the public interest to authorize the establishment of an orderly procedure for financing (through assessment on all milk produced in the United States for commercial use and on imported dairy products) and carrying out a coordinated program of promotion designed to strengthen the dairy industry's position in the marketplace and to maintain and expand domestic and foreign markets and uses for fluid milk and dairy products. The Small Business Administration [13 CFR 121.201] defines such entities with fewer than 500 employees as small businesses. According to 2013 data from the U.S. Census Bureau, 98.6 percent of these types of firms had fewer than 500 employees ( *http://census.gov/econ/subs/* ). According to the U.S. Customs and Border Protection (CBP), in 2014, approximately 1,400 importers paid assessments under Section 1150.152(b) of the Dairy Order. Although data is not available concerning the sizes of these firms, it is reasonable to assume that most of them would be considered small businesses. The most common classification for dairy product importers is Grocery and Related Product Merchant Wholesalers (North American Industry Classification System, category 4244). The final rule amends the Dairy Order, Section 1150.131(c), by reducing the number of Dairy Board importer representatives from 2 members to 1 member. The amendment should not have a significant economic impact on persons subject to the Dairy Order. The changes allow representation on the Dairy Board to better reflect the volume of dairy product imports into the United States. Paperwork Reduction Act In accordance with the Office of Management and Budget

(OMB)regulation [5 CFR part 1320] which implements the Paperwork Reduction Act of 1995 [44 U.S.C. chapter 35], the information collection requirements and record keeping provisions imposed by the Dairy Order have been previously approved by OMB and assigned OMB Control No. 0581-0093. No relevant Federal rules have been identified that duplicate, overlap, or conflict with this rule. Statement of Consideration Upon publication of this rule, the Dairy Order is administered by a 37-member Dairy Board, 36 members representing 12 geographic regions within the United States and 1 member representing importers. The Dairy Order requires in Section 1150.131(f) that at least once every three years, after the initial appointment of importer representatives on the Dairy Board, the Secretary shall review the average volume of domestic production of dairy products compared to the average volume of imports of dairy products into the United States during the previous three years and, on the basis of that review, if warranted, reapportion the importer representation on the Dairy Board to reflect the proportional shares of the United States market served by domestic production and imported dairy products. This reapportionment review is the first conducted since importer members were appointed to the Dairy Board on November 2, 2011. For initial representation of importers on the Dairy Board, the Dairy Act states “In making initial appointments to the Board of importer representatives, the Secretary shall appoint 2 members who represent importers of dairy products and are subject to assessment under the order.” 7 U.S.C. 4504(b)(6)(A). For subsequent representation of importers, the Dairy Act goes on to state “At least once every 3 years after the initial appointment of importer representatives under subparagraph (A), the Secretary shall review the average volume of domestic production of dairy products compared to the average volume of imports of dairy products into the United States during the previous 3 years and, on the basis of that review, shall reapportion importer representation on the Board to reflect the proportional share of the United States market by domestic production and imported dairy products.” 7 U.S.C. 4504(b)(6)(B). Section 1150.131(f) of the Dairy Order states the basis for the comparison of domestic production of dairy products to imported products should be estimated total milk solids. The calculation of total milk solids of imported dairy products for reapportionment purposes “shall be the same as the calculation of total milk solids of imported dairy products for assessment purposes.” The reapportionment review was not conducted prior to 2015 because three full years' worth of data was not available. Using National Agricultural Statistical Service

(NASS)Annual Dairy Products Summary data, the average U.S. milk total solids for domestic dairy products for 2012 to 2014 was 23,462 billion pounds annually. Based on the total milk solids number, each of the 36 domestic Dairy Board producer members would represent 652 million pounds of total milk solids (23,462 billion pounds divided by 36 producer members equals 652 million pounds per producer). Using information received from CBP, the average total milk solids imported during 2012 to 2014 was 589 million pounds (589 million pounds divided by 1 importer member equals 589 million pounds per importer). Accordingly, Table 1 summarizes, based on U.S. total solids and imported total solids, the adopted number of Dairy Board seats for domestic and importer members. Table 1—Dairy Board Representation Based on U.S. Total Solids and Imported Total Solids Average total milk solids (lbs.) Adopted number of board seats Average total milk solids represented per board member (lbs.) Domestic Producer 23,461,555,556 36 651,709,877 Importer 589,296,653 1 589,296,653 On April 1, 2016, a proposed rule was published in the **Federal Register** [81 FR 18802] inviting comments on proposed modifications to the number of importer representatives on the Dairy Board. Interested parties were provided 30 days to comment on the proposed amendment. USDA received three timely comments from industry organizations and an individual. Of those comments, two were opposed the rule and one did not address the merits of the proposed rule. One commenter opposed reducing the number of importer members on the Dairy Board, recognizing that approximately 1,400 importers paid assessments under the Dairy Order in 2014. The commenter stated that due to the limits of the Dairy Tariff-Rate Import Quota Licensing Program placed on the volume of cheese imported into the U.S., increasing import volumes by any appreciable amount is impossible. A second commenter also opposed the proposal to reduce Dairy Board importer representation from two members to one member, and urged for the withdrawal of the proposed rule. The commenter recognized the Dairy Act requires importer representation to reflect the proportional share of the U.S. market by domestic production and imported dairy products. However, the commenter argued that increasing import volumes by any appreciable amount is impossible due to the limits placed on the volume of cheese imported into the U.S. by factors beyond the control of the market, namely quotas, tariffs and import licenses. The commenter also stated safeguard triggers require substantially higher tariffs if the triggers are breached and noted this occurred with butter in 2015 and may occur in the coming year with several cheeses. The commenter went on to state that the Trans-Pacific Partnership

(TPP)and the Transatlantic Trade and Investment Partnership

(TTIP)agreements are focused on the reduction, if not elimination of tariffs and quotas. As a result, TPP and TTIP implementation would likely result in an increase in imported dairy products, including cheese, and would make the representation of importers on the Dairy Board even more meaningful. As noted in the proposed rule, the Dairy Order requires and provides instruction on how to carry out a review to determine whether or not a reapportionment of importer members on the Dairy Board is warranted. Therefore, the proposed rule will not be withdrawn. Neither commenter disputed the method of nor the data used to conduct the reapportionment review. Similarly, an alternative process for conducting the review was not offered. Additionally, because the Secretary is required to review importer representation every three years, any increase in imported dairy products, cheese or otherwise, would be reflected in the calculations used to determine whether importer representation would increase, remain the same, or decrease. This final rule adopts the proposed rule without change, and therefore Dairy Board importer representation is decreased from two importer members to one importer member. Pursuant to 5 U.S.C. 553, it is found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because this rule should be in effect as soon as possible to appoint Dairy Board members for the 2016-2019 term. List of Subjects in 7 CFR Part 1150 Dairy products, Milk, Promotion, Research. For the reasons set forth in the preamble, 7 CFR part 1150 is amended as follows: PART 1150—DAIRY PROMOTION PROGRAM 1. The authority citation for 7 CFR part 1150 continues to read as follows: Authority: 7 U.S.C. 4501-4514 and 7 U.S.C. 7401. 2. In § 1150.131, paragraph

(c)is revised to read as follows: § 1150.131 Establishment and membership.

(c)One member of the board shall be an importer who is subject to assessments under § 1150.152(b). Dated: August 8, 2016. Elanor Starmer, Administrator. [FR Doc. 2016-19140 Filed 8-11-16; 8:45 am]

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