Unknown. Interim rule

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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-2016-08-30.xml --- 81 168 Tuesday, August 30, 2016 Contents Agricultural Marketing Agricultural Marketing Service RULES Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order: Revision of Time Frame for Continuance Referenda, 59425-59427 2016-20805 PROPOSED RULES National Organic Program: Interim Instruction on Material Review, 59521-59522 2016-20806 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Utilities Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Reclassification of Specially Denatured Spirits and Completely Denatured Alcohol Formulas and Related Amendments, 59445-59464 2016-20712 Animal Animal and Plant Health Inspection Service RULES Viruses, Serums, Toxins, and Analogous Products:

Packaging and Labeling, 59427-59436 2016-20749 PROPOSED RULES Importation of Fresh Persimmon with Calyxes from Japan into the United States, 59522-59526 2016-20724 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59627-59631 2016-20762 2016-20829 2016-20830 2016-20831 Meetings: Advisory Committee to the Director, 59626 2016-20760 Compliance with Federal Select Agent Program; Multi-Agency Informational Meeting;

Public Webcasts, 59631-59632 2016-20710 Requests for Nominations: Advisory Committee on Breast Cancer in Young Women, 59627 2016-20759 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Abstinence Education Program, 59632-59633 2016-20729 2016-20747 Civil Rights Civil Rights Commission NOTICES Meetings: Connecticut Advisory Committee, 59602 2016-20862 Michigan Advisory Committee, 59600-59601 2016-20859 New York Advisory Committee, 59601 2016-20860 Vermont Advisory Committee, 59601-59602 2016-20861 Coast Guard Coast Guard RULES Safety Zones:

Caribbean Fantasy, Vessel on Fire, Punta Salinas, Toa Baja, PR, 59484-59486 2016-20856 Chesapeake Bay, Hampton, VA, 59480-59482 2016-20855 Delaware River, Philadelphia, PA, 59479 2016-20774 Dredging, Shark River, NJ, 59482-59484 2016-20820 Special Local Regulations: Bucksport/Lake Murray Drag Boat Fall Nationals, Atlantic Intracoastal Waterway; Bucksport, SC, 59477-59479 2016-20716 NOTICES Meetings: Chemical Transportation Advisory Committee; Correction, 59644 2016-20771 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Whistleblower Awards Process, 59551-59581 2016-20745 Council Inspectors Council of the Inspectors General on Integrity and Efficiency NOTICES Senior Executive Service Performance Review Board Membership, 59605-59608 2016-20791 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements:

Costs Related to Counterfeit Electronic Parts, 59510-59515 2016-20475 Instructions for Wide Area WorkFlow Reparable Receiving Report, 59515-59517 2016-20474 Request for Audit Services in France, Germany, Netherlands, or United Kingdom, 59510 2016-20476 PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Pilot Program for Streamlining Awards for Innovative Technology Projects, 59594-59596 2016-20477 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2016-20821 59611-59613 2016-20858 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Shipment, 59624-59625 2016-20784 Meetings: Government-Industry Advisory Panel, 59612-59613 2016-20810 Reserve Forces Policy Board, 59610-59611 2016-20835 Threat Reduction Advisory Committee, 59609-59610 2016-20895 Uniform Formulary Beneficiary Advisory Panel, 59609 2016-20717 Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Drug Threat Survey, 59656-59657 2016-20785 Employee Benefits Employee Benefits Security Administration RULES Savings Arrangements Established by States for Non-Governmental Employees, 59464-59477 2016-20639 PROPOSED RULES Savings Arrangements Established by State Political Subdivisions for Non-Governmental Employees, 59581-59592 2016-20638 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Applications and Authorizations for the In-Transit Movement of Natural Gas:

Revised Procedures, 59436-59437 2016-20802 PROPOSED RULES Energy Conservation Programs for Consumer Products and Certain Commercial and Industrial Equipment: Test Procedures for Consumer and Commercial Water Heaters, 59736-59798 2016-20097 NOTICES Meetings: Environmental Management Advisory Board, 59613-59614 2016-20787 Environmental Management Site-Specific Advisory Board, Portsmouth; Cancellation, 59614 2016-20788 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Kentucky; Source Specific Revision for Louisville Gas and Electric, 59488-59490 2016-20656 Maryland; Control of Emissions from Various Processes and Fuel-Burning Equipment from Kraft Pulp Mills, 59486-59488 2016-20654 Reno, Nevada; Second 10-Year Carbon Monoxide Maintenance Plan, 59490-59499 2016-20662 Hazardous Waste Management System: Final Authorization of State Hazardous Waste Management Program Revisions; Maryland, 59503-59510 2016-20849 Revisions to Test Methods, Performance Specifications, and Testing Regulations for Air Emission Sources, 59800-59826 2016-19642 Tolerance Exemptions:

Citrus tristeza virus expressing spinach defensin proteins 2, 7, and 8, 59499-59503 2016-20547 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Reno, Nevada; Second 10-Year Carbon Monoxide Maintenance Plan, 59593-59594 2016-20655 Hazardous Waste Management System Revisions: Maryland; Final Authorization, 59594 2016-20842 NOTICES Meetings: Mobile Sources Technical Review Subcommittee, 59622 2016-20852 Requests for Nominations: Science Advisory Board Ecological Processes and Effects Committee;

Experts to Provide Advice on Methods for Deriving Water Quality Criteria for the Protection of Aquatic Life, 59621-59622 2016-20851 Farm Credit System Insurance Farm Credit System Insurance Corporation RULES Releasing Information; Availability of Records of Farm Credit System Insurance Corporation; Fees for Provision of Information, 59437-59438 2016-20767 Federal Aviation Federal Aviation Administration RULES Commercial Space Transportation Reusable Launch Vehicle and Reentry Licensing Regulations:

Technical Amendment, 59440 2016-20815 Licensing and Safety Requirements for Launch, 59438-59439 2016-20813 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 59530-59532, 59535-59539, 59546-59548 2016-20681 2016-20685 2016-20699 Bombardier, Inc. Airplanes, 59539-59540 2016-20691 Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes, 59528-59530 2016-20684 Sikorsky Aircraft Corporation Helicopters, 59526-59528 2016-20672 The Boeing Company Airplanes, 59532-59535, 59541-59546, 59548-59551 2016-20667 2016-20673 2016-20676 2016-20683 2016-20704 NOTICES Meetings:

Commercial Space Transportation Advisory Committee; Public Teleconference, 59712-59713 2016-20796 Noise Exposure Maps: Baltimore/Washington International Thurgood Marshall Airport, Anne Arundel County, MD, 59714-59715 2016-20795 Petitions for Exemption; Summaries: Fusion Flight, LLC, 59713 2016-20812 Waivers of Aeronautical Land-Use Assurance: Marshall Memorial Municipal Airport, Marshall, MO, 59713-59714 2016-20793 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59622-59623 2016-20750 Meetings: Disability Advisory Committee, 59623-59624 2016-20770 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receiverships: GreenChoice Bank, FSB Chicago, IL, 59624 2016-20769 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2016-20751 59614-59615, 59617 2016-20756 Environmental Assessments; Availability, etc.: Gulf South Pipeline Co., LP; St. Charles Parish Expansion Project, 59615-59617 2016-20752 Environmental Impact Statements;

Availability, etc.: Transcontinental Gas Pipe Line Co., LLC; Northeast Supply Enhancement Project, 59618-59620 2016-20755 Filings: C.P. Crane, LLC, 59620-59621 2016-20753 Staff Attendances, 59617 2016-20754 Federal Highway Federal Highway Administration NOTICES Assumption of Authorities, 59715-59717 2016-20818 Productive and Timely Expenditure of Funds, 59717-59718 2016-20814 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications:

Diabetes Mellitus, 59718-59729 2016-20776 2016-20777 2016-20781 2016-20782 2016-20783 Federal Railroad Federal Railroad Administration NOTICES Applications for Approval of Discontinuance or Modification of a Railroad Signal System, 59730 2016-20844 Compliance Waivers; Petitions: Delaware Coast Line Railroad, 59729 2016-20845 Nevada Northern Railway, 59730-59731 2016-20846 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 59624 2016-20773 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: 5-Year Status Reviews of 22 Southeastern Species, 59650-59652 2016-20670 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Hazard Analysis and Critical Control Point Procedures for Safe and Sanitary Processing and Importing of Juice, 59636-59638 2016-20779 Guidance: Bioequivalence Recommendations for Risperidone, 59633-59634 2016-20778 Enforcement Policy on National Health Related Item Code and National Drug Code Numbers Assigned to Devices, 59638-59639 2016-20766 Voluntary Sodium Reduction Goals: Target Mean and Upper Bound Concentrations for Sodium in Commercially Processed, Packaged, and Prepared Foods, 59640-59641 2016-20780 Meetings:

Antimicrobial Drugs Advisory Committee, 59639-59640 2016-20765 Small Business and Industry Assistance Regulatory Education for Industry Fall Conference, 59635-59636 2016-20764 Vaccines and Related Biological Products Advisory Committee, 59634-59635 2016-20763 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Subzone Status: Givaudan Flavors Corp., East Hanover, NJ, 59602-59603 2016-20840 Production Activities: Foreign-Trade Zone 26, Atlanta, GA; Eastman Kodak Co.

(Aluminum Printing Plates) Columbus, Georgia, Subzone 26N, Columbus, GA, 59603 2016-20841 Foreign-Trade Zone 76, Bridgeport, CT; ASML US, Inc. (Optical, Metrology, and Lithography System Modules), Newtown and Wilton, CT, 59603 2016-20843 Forest Forest Service NOTICES Meetings: Ketchikan Resource Advisory Committee, 59597 2016-20385 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Shipment, 59624-59625 2016-20784 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59597-59598 2016-20730 Designations to Provide Services, 59598-59599 2016-20748 Gulf Coast Ecosystem Restoration Council Gulf Coast Ecosystem Restoration Council NOTICES Initial Funded Priorities List, 59625-59626 2016-20743 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 Health Resources and Services Administration See National Institutes of Health NOTICES Findings of Research Misconduct, 59642-59643 2016-20834 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Stem Cell Therapeutic Outcomes Database, 59641-59642 2016-20758 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Community Compass TA and Capacity Building Program NOFA, 59649-59650 2016-20797 Budget-Neutral Demonstration Program for Energy and Water Conservation Improvements at Multifamily Housing Residential Units, 59646-59647 2016-20801 Ginnie Mae Multiclass Securities Program Documents Forms and Electronic Data Submissions, 59647-59649 2016-20799 Multifamily Default Status Report, 59647 2016-20798 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Bureau of Indian Education Medication Authorization and Incident Report Forms, 59653-59654 2016-20816 Grazing Permits, 59652 2016-20811 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International Trade Adm International Trade Administration NOTICES Determination of Sales at Less than Fair Value: Certain Oil Country Tubular Goods from Republic of Korea, 59603-59604 2016-20839 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Activity Tracking Devices, Systems, and Components Thereof, 59655-59656 2016-20702 Meetings; Sunshine Act, 59656 2016-20903 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Requirement that Movie Theaters Provide Notice as to Availability of Closed Movie Captioning and Audio Description, 59657-59658 2016-20775 Labor Department Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Public Land Orders:

Wyoming, National Forest System Land for Burgess Junction Visitor Center and Administrative Site; Withdrawal, 59654 2016-20718 Wyoming; National Forest System Land for Medicine Wheel/Medicine Mountain National Historic Landmark, Withdrawal, 59654-59655 2016-20715 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59731 2016-20866 Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Information to Determine Seamen's Reemployment Rights: National Emergency, 59732 2016-20874 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel AFTER HOURS, 59731-59732 2016-20865 Millenium Millennium Challenge Corporation RULES Collection of Debts, 59440-59445 2016-20800 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Shipment, 59624-59625 2016-20784 National Institute National Institute of Standards and Technology NOTICES Meetings:

Manufacturing Extension Partnership Advisory Board, 59604-59605 2016-20746 National Institute National Institutes of Health NOTICES Meetings: Diabetes Mellitus Interagency Coordinating Committee, 59643 2016-20824 National Institute of Mental Health, 59643-59644 2016-20728 National Institute on Aging, 59643-59644 2016-20726 2016-20727 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Blueline Tilefish in the South Atlantic Region;

Commercial Accountability Measures and Closure, 59517 2016-20847 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions: Exelon Generation Co., LLC; Calvert Cliffs Nuclear Power Plant, Units 1 and 2; Update Schedule for Updated Final Safety Analysis Report, 59670-59672 2016-20804 Facility Operating and Combined Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 59659-59669 2016-20391 License Amendment Applications:

Omaha Public Power District; Fort Calhoun Station, Unit No. 1, 59669-59670 2016-20807 Meetings; Sunshine Act, 59659 2016-20916 Requests for Nominations: Advisory Committee on Medical Uses of Isotopes, 59658 2016-20809 Personnel Personnel Management Office PROPOSED RULES Federal Employees Health Benefits Program: FEHB Employee Premium Contributions for Employees in Leave Without Pay or Other Nonpay Status, 59518-59521 2016-20565 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials:

Actions on Special Permit Applications, 59732-59733 2016-20590 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 59592-59593 2016-20822 2016-20823 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Women's Equality Day (Proc. 9477), 59421-59423 2016-20949 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59599-59600 2016-20725 Securities Securities and Exchange Commission NOTICES Applications:

Calvert Social Investment Fund, et al., 59688-59693 2016-20738 iShares Trust, et al., 59710-59711 2016-20739 Meetings; Sunshine Act, 59698 2016-20952 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 59700-59709 2016-20735 BOX Options Exchange, LLC, 59696 2016-20737 Financial Industry Regulatory Authority, Inc., 59676-59677 2016-20741 NASDAQ BX, Inc., 59672-59674 2016-20736 NASDAQ PHLX, LLC, 59693-59696 2016-20734 New York Stock Exchange, LLC, 59678-59688, 59699-59700 2016-20733 2016-20742 NYSE Arca, Inc., 59674-59676, 59711 2016-20731 2016-20740 NYSE MKT, LLC, 59696-59698 2016-20732 Trading Suspension Orders:

MarilynJean Interactive, Inc., 59674 2016-20924 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59712 2016-20850 Surface Transportation Surface Transportation Board NOTICES Meetings: National Grain Car Council, 59712 2016-20848 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 Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59733 2016-20857 Multiemployer Pension Plan Application To Reduce Benefits, 59733-59734 2016-20790 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Travel Document, 59645-59646 2016-20772 Customs U.S. Customs and Border Protection NOTICES Automated Commercial Environments: Sole CBP-Authorized Electronic Data Interchange System for Processing Electronic Drawback and Duty Deferral Entry and Entry Summary Filings, 59644-59645 2016-20794 Separate Parts In This Issue Part II Energy Department, 59736-59798 2016-20097 Part III Environmental Protection Agency, 59800-59826 2016-19642 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 168 Tuesday, August 30, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1217 [Document Number AMS-SC-16-0054] Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order;

Revision of Time Frame for Continuance Referenda AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule. SUMMARY: This interim rule invites comments on revising the time frame for continuance referenda under the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order). The Order is administered by the Softwood Lumber Board (Board) with oversight by the U.S. Department of Agriculture (USDA). The Order requires USDA to conduct a continuance referendum five years after the program took effect (2011).

This action revises this time frame from five years

(2016)to no later than seven years (2018). This will allow time for USDA to complete a separate rulemaking action on the Order's exemption threshold. That rulemaking is being initiated in response to a federal district court decision in *Resolute Forest Products Inc.,* v. *USDA, et al.* ( *Resolute* ). Once USDA completes that action, a continuance referendum will be conducted. The results of the exemption threshold rulemaking could impact who votes in the referendum and who pays assessments under the Order. DATES: Effective August 31, 2016. Comments received by October 31, 2016 will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this interim rule. Comments may be submitted on the Internet at: *http://www.regulations.gov* or to the Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; facsimile:

(202)205-2800. ** 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, including name and address, if provided, in the above office during regular business hours or it can be viewed at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Maureen T. Pello, Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, P.O. Box 831, Beavercreek, Oregon 97004; telephone:

(503)632-8848; facsimile

(503)632-8852; or electronic mail: *Maureen.Pello@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This interim rule is issued under the Order (7 CFR part 1217). The Order is authorized under the Commodity Promotion, Research and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425). Executive Order 12866 and Executive Order 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, distributive impacts and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules and promoting flexibility. This action has been designated as a “non-significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget

(OMB)has waived the review process. 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 will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. Executive Order 12988 This interim rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Section 524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect or preempt any other Federal or State law authorizing promotion or research relating to an agricultural commodity. Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject to an order may file a written petition with USDA stating that an order, any provision of an order, or any obligation imposed in connection with an order, is not established in accordance with the law, and request a modification of an order or an exemption from an order. Any petition filed challenging an order, any provision of an order, or any obligation imposed in connection with an order, shall be filed within two years after the effective date of an order, provision, or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. The 1996 Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have the jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of the entry of USDA's final ruling. Background This interim rule invites comments on revising the time frame for continuance referenda under the Order. The Order is administered by the Board with oversight by USDA. The Order requires USDA to conduct a continuance referendum five years after the program took effect (2011). This action revises this time frame from five years

(b)of that section requires USDA to conduct a referendum not later than seven years after assessments first begin under an order. Under § 1217.81(b)(2) of the softwood lumber Order, USDA must conduct a referendum five years after the program took effect to determine whether persons subject to assessment favor continuance of the Order, and then every five years thereafter. A referendum was initially scheduled for August 2016. USDA is conducting an analysis on the 15 million board foot exemption threshold under the Order, as specified in paragraphs

(a)and

(b)of section 1217.53. USDA is analyzing this threshold based on recent data and will publish the results of its analysis for public comment in a future rulemaking action. Once this rulemaking is completed, USDA will conduct a referendum. The results of that rulemaking could impact who votes in the referendum and who pays assessments under the program. USDA will be initiating the future rulemaking action on the Order's exemption threshold in response to a May 2016 federal district court decision in *Resolute.* All program obligations, including the collection of assessments and filing of reports, remain in effect. Therefore, USDA has postponed the August 2016 referendum and is revising paragraph

(2)in section 1217.81(b) to specify that a referendum must be conducted no later than seven years

(2018)after the program took effect. This will allow time for USDA to complete the rulemaking action on the exemption threshold under the program and conduct a referendum. Section 1217.81(b)(2) is revised accordingly. Authority for USDA to amend the Order is provided in section 1217.87 of the Order and in section 514(d) of the 1996 Act (7 U.S.C. 7413). Initial Regulatory Flexibility Act Analysis In accordance with the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), AMS is required to examine the impact of the interim rule on small entities. Accordingly, AMS has considered the economic impact of this action on such entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (domestic manufacturers and importers) as those having annual receipts of no more than $7.5 million. Based on 2015 Board data, it is estimated that there are about 375 domestic manufacturers of softwood lumber in the United States. Using an average price of $330 per thousand board feet, 1 a domestic manufacturer who ships less than about 23 million board feet per year would be considered a small entity. It is estimated that fewer than 240 domestic manufacturers, or 64 percent, ship under 23 million board feet annually. 1 Price data was obtained from Random Lengths Publications, Inc., and is a framing composite price that is designed as a broad measure of price movement in the lumber market. Random Lengths describes itself as a firm that “provides the forest products industry with unbiased, consistent and timely reports of market activity and prices, related trends, issues, and analyses.” ( *www.randomlengths.com* ). Likewise, based on 2015 U.S. Customs and Border Protection (Customs) data, it is estimated there are 890 importers of softwood lumber. About 790 importers, or 89 percent, each imported less than $7.5 million worth of softwood lumber annually. Thus, for purposes of the RFA, the majority of domestic manufacturers and importers of softwood lumber would be considered small entities. Regarding value of the commodity, with domestic consumption estimated at 43.9 billion board feet in 2015, 2 and using a price of $330 per thousand board feet, the annual domestic value for softwood lumber is about $14.5 billion. According to 2015 Customs data, the annual value for softwood lumber imports is about $5.0 billion. 2 Consumption data is from Forest Economic Advisors (FEA). FEA describes itself as a firm that “brings modern econometric techniques to the forest products industry.” ( *www.getfea.com* ). This interim rule invites comments on revising the time frame for continuance referenda under the Order. The Order is administered by the Board with oversight by USDA. Section 1217.81(b)(2) of the Order requires USDA to conduct a continuance referendum five years after the program took effect (2011). This action revises this section to change the time frame from five years

(2016)to no later than seven years (2018). This will allow time for USDA to complete a separate rulemaking action on the Order's exemption threshold. That rulemaking is being initiated in response to a federal district court decision in *Resolute.* Once USDA completes that action, a referendum will be conducted. The results of that rulemaking could impact who votes in the referendum and who pays assessments under the program. Authority for this action is provided in section 1217.87 of the Order and in section 514(d) of the 1996 Act (7 U.S.C. 7413). Regarding the economic impact of this interim rule, this change is administrative in nature. Postponing the 2016 referendum will allow time for USDA to complete a separate rulemaking action on the Order's exemption threshold and conduct a referendum as described above. The results of that rulemaking could impact who votes in the referendum and who pays assessments under the program. Regarding alternatives, conducting the referendum as initially planned in 2016 would cause confusion in the industry. USDA is currently conducting an analysis on the exemption threshold under the Order and will publish the results in a separate rulemaking action. That action is being initiated in response to *Resolute.* Once USDA completes that action, a referendum will be conducted. The results of that rulemaking action could impact who votes in the referendum. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and recordkeeping requirements that are imposed by the Order have been approved previously under OMB control number 0581-0093. This interim rule imposes no additional reporting and recordkeeping burden on domestic manufacturer and importers of softwood lumber. As with all Federal promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. Finally, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this interim rule. 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. Regarding outreach efforts, USDA announced at the Board's meeting on May 25, 2016, that the referendum scheduled for August 2016 would be postponed to a future to-be-determined date. USDA also announced at the meeting that it would publish a notice in the **Federal Register** on the postponement. After the meeting, the Board issued a newsflash to industry members advising them accordingly. A 60-day comment period is provided to allow interested persons to respond to this interim rule. All written comments received in response to this rule by the date specified will be considered prior to finalizing this action. After consideration of all relevant material presented, and other information, it is found that this interim rule, as hereinafter set forth, will tend to effectuate the declared purposes of the 1996 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 30 days after publication in the **Federal Register** because:

(1)This interim rule extends the time frame for USDA to conduct a referendum under the Order from five years

(2016)after the program took effect to no later than seven years (2018);

(2)postponing the 2016 referendum will give USDA time to complete a separate rulemaking action on the Order's exemption threshold that is being initiated in response to a May 2016 federal district court decision in *Resolute;*

(3)USDA announced at the Board's meeting on May 25, 2016, that the 2016 referendum would be postponed, and the Board subsequently issued a newsflash to industry members advising them of the postponed referendum; and

(4)this rule provides a 60-day comment period and any comments received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 1217 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Promotion, Reporting and recordkeeping requirements, Softwood lumber. For the reasons set forth in the preamble, 7 CFR part 1217 is amended as follows: PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER 1. The authority citation for 7 CFR part 1217 continues to read as follows: Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401. 2. In § 1217.81, revise paragraph (b)(2) to read as follows: § 1217.81 Referenda.

(b)* * *

(2)No later than seven years after this Order becomes effective and every five years thereafter, to determine whether softwood lumber manufacturers for the U.S. market favor the continuation of the Order. The Order shall continue if it is favored by a majority of domestic manufacturers and importers voting in the referendum who also represent a majority of the volume of softwood lumber represented in the referendum who, during a representative period determined by the Secretary, have been engaged in the domestic manufacturing or importation of softwood lumber; Dated: August 25, 2016. Elanor Starmer, Administrator. [FR Doc. 2016-20805 Filed 8-29-16; 8:45 am]

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