Rules and Regulations. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-12-14.xml --- 81 240 Wednesday, December 14, 2016 Contents Agricultural Marketing Agricultural Marketing Service RULES Promotion, Research, and Information Orders: Egg Research and Promotion Rules and Regulations to Update Patents, Copyrights, Trademarks, and Information Provisions, 90185-90186 2016-29988 PROPOSED RULES Perishable Agricultural Commodities Act: Growers' Trust Protection Eligibility and Clarification of Written Notification, 90255-90258 2016-29983 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Records of Acquisition and Disposition, Collectors of Firearms, 90385-90386 2016-29955 Architectural Architectural and Transportation Barriers Compliance Board RULES Americans with Disabilities Act Accessibility Guidelines for Transportation Vehicles, 90600-90629 2016-28867 Army Army Department PROPOSED RULES Release of Official Information and Appearance of Witnesses in Litigation, 90270-90292 2016-29835 Census Bureau Census Bureau NOTICES Confidentiality Pledge;

Revisions, 90319-90322 2016-30014 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Conditions for Coverage for End-Stage Renal Disease Facilities—Third Party Payment, 90211-90228 2016-30016 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 90360-90361 2016-30024 Children Children and Families Administration RULES Adoption and Foster Care Analysis and Reporting System, 90524-90597 2016-29366 Civil Rights Civil Rights Commission NOTICES Meetings:

Virginia Advisory Committee, 90319 2016-29913 Coast Guard Coast Guard RULES Drawbridge Operations: Sacramento River, Sacramento, CA, 90198 2016-29986 Commerce Commerce Department See Census Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Department Defense Department See Army Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 90338-90339 2016-30023 Arms Sales, 90332-90341 2016-29954 2016-29962 2016-29970 2016-29973 Meetings:

Judicial Proceedings Since Fiscal Year 2012 Amendments Panel, 90341-90342 2016-29979 Drug Drug Enforcement Administration RULES Marihuana Extract Drug Code, 90194-90196 2016-29941 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Computer and Information Literacy Study 2018 Field Test Questionnaires Change Request, 90354-90355 2016-29925 National Public Education Financial Survey 2016-2018:

Common Core of Data, 90342-90343 2016-29924 Applications for New Awards: Opening Doors, Expanding Opportunities, 90343-90354 2016-29936 Engineers Engineers Corps PROPOSED RULES Danger Zones and Restricted Areas: East Pearl River, within Acoustic Buffer Area of John C. Stennis Space Center, and Adjacent to Lands, Hancock County, MS, 90292-90294 2016-30013 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Texas; Nonattainment and Reclassification of Houston-Galveston-Brazoria 2008 8-hour Ozone Nonattainment Area, 90207-90211 2016-29999 PROPOSED RULES Renewables Enhancement and Growth Support Rule, 90294-90295 2016-29896 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting and Recordkeeping Requirements under EPA's Natural Gas STAR Methane Challenge Program, 90355-90356 2016-30062 Removal of Certain Inert Ingredients from the l Substance List for Pesticide Products, 90356-90358 2016-30043 Federal Aviation Federal Aviation Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Aging Aircraft Program, Widespread Fatigue Damage, 90407 2016-30007 Aircraft Registration, 90406-90407 2016-30011 Automatic Dependent Surveillance Broadcast Out Performance Requirements to Support Air Traffic Control Service, 90408 2016-29993 Aviation Research Grants Program, 90409 2016-30010 Commercial Aviation Safety Team Safety Enhancements, 90408 2016-29995 Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations, 90406 2016-29996 Notice of Landing Area Proposal, 90407 2016-30012 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 90358 2016-30022 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 90358-90360 2016-29946 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Listing Determinations for Five Poecilotheria Tarantula Species from Sri Lanka, 90297-90314 2016-30059 NOTICES Endangered Species Recovery Permit Applications, 90377-90378 2016-29971 John H. Chafee Coastal Barrier Resources System: Final Revised Maps for Louisiana, Puerto Rico, and U.S. Virgin Islands, 90375-90377 2016-30050 Food and Drug Food and Drug Administration RULES Amendments to Accreditation of Third-Party Certification Bodies to Conduct Food Safety Audits and to Issue Certifications to Provide for User Fee Program, 90186-90194 2016-30033 PROPOSED RULES Guidance:

Fruit Juice and Vegetable Juice as Color Additives in Food, 90267-90270 2016-29968 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 90363 2016-30035 Food Safety Modernization Act: Third-Party Certification Program User Fee Rate for Fiscal Year 2017, 90363-90365 2016-30034 Guidance: Public Notification of Emerging Postmarket Medical Device Signals, 90365-90367 2016-29989 Meetings: Patient-Focused Drug Development for Sarcopenia, 90361-90363 2016-29998 Food Safety Food Safety and Inspection Service NOTICES Meetings:

Codex Alimentarius Commission Committee on Spices and Culinary Herbs, 90318-90319 2016-29945 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 90409-90410 2016-29961 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Substance Abuse and Mental Health Services Administration PROPOSED RULES World Trade Center Health Program:

Petition 012—Atherosclerosis; Finding of Insufficient Evidence, 90295-90297 2016-29816 NOTICES Meetings: National Advisory Committee on Children and Disasters and National Preparedness and Response Science Board, 90369-90370 2016-30049 Requirements and Registrations: Privacy Policy Snapshot Challenge, 90367-90369 2016-29718 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Civil Rights Compliance Form, 90372-90373 2016-30002 Housing Housing and Urban Development Department RULES Housing Counseling: New Certification Requirements, 90632-90660 2016-29822 NOTICES FHA Direct Endorsement Program Timeframe for Conducting Pre-Endorsement Review, 90373-90375 2016-29757 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Wilton Rancheria Fee-to-Trust and Casino Project, Sacramento County, CA, 90379-90380 2016-29991 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Seamless Refined Copper Pipe and Tube from the People's Republic of China, 90322-90325 2016-29975 Meetings: Advisory Committee on Supply Chain Competitiveness, 90326 2016-29937 Environmental Technologies Trade Advisory Committee, 90325-90326 2016-29947 International Trade Com International Trade Commission NOTICES Complaints: Certain Liquid Crystal Ewriters and Components Thereof, 90384-90385 2016-29972 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Justice Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Office for Victims of Crime Training and Technical Assistance Center—Trafficking Information Management System, 90386-90387 2016-29956 Justice Programs Justice Programs Office NOTICES Meetings: Federal Advisory Committee on Juvenile Justice, 90387 2016-29953 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Spring Creak Mine, Big Horn County, MT, 90380-90383 2016-29969 Realty Actions:

Proposed Amendment to Noncompetitive Land Use Lease MTM 74913, Montana, 90383-90384 2016-29964 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation Supplements: Revised Voucher Submission and Payment Process, 90228-90229 2016-29951 National Archives National Archives and Records Administration NOTICES Records Schedules, 90387-90388 2016-29867 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards:

Minimum Sound Requirements for Hybrid and Electric Vehicles, 90416-90522 2016-28804 National Institute National Institute of Standards and Technology NOTICES Requests for Information: Identification of New Capabilities Needed by Hollings Manufacturing Extension Partnership Program, 90326-90328 2016-30009 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Commercial Retention Limit for Blacknose Sharks and Non-Blacknose Small Coastal Sharks in Atlantic Region, 90241-90246 2016-29984 Fisheries of the Northeastern United States:

Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 16, 90246-90254 2016-29811 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagic Resources in Gulf of Mexico and Atlantic Region; Amendment 26, 90314-90317 2016-30046 NOTICES 2017 Annual Determination to Implement Sea Turtle Observer Requirement, 90330-90332 2016-29948 Funding Availabilities: Gulf of Mexico Coast Conservation Corps Program, 90328-90330 2016-29926 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Establishment of Atomic Safety and Licensing Board:

DTE Electric Co., 90388-90389 2016-29881 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Procedures for Handling Retaliation Complaints under Section 31307 of Moving Ahead for Progress in 21st Century Act, 90196-90198 2016-29914 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Death of John H. Glenn, Jr. (Proc. 9552), 90661-90663 2016-30262 Human Rights Day and Human Rights Week (Proc. 9553), 90665-90666 2016-30265 EXECUTIVE ORDERS Government Agencies and Employees:

Homeland Security, Department of; Order of Succession, Amending (EO 13753), 90667-90668 2016-30272 Northern Bering Sea; Climate Resilience (EO 13754), 90669-90674 2016-30277 Securities Securities and Exchange Commission NOTICES Applications: ALAIA Market Linked Trust and Beech Hill Securities, Inc., 90390-90391 2016-29932 Hartford Life Insurance Co., et al., 90394-90402 2016-29933 2016-29934 Self-Regulatory Organizations; Proposed Rule Changes: NYSE Arca, Inc., 90391-90394 2016-29938 NYSE MKT LLC, 90389-90390, 90402-90403 2016-29939 2016-29940 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 90403 2016-29923 Disaster Declarations: Pennsylvania, 90403 2016-29928 State Department State Department NOTICES Meetings: International Maritime Organization Sub-Committee on Pollution Prevention and Response, 90404-90405 2016-29942 International Maritime Organization Sub-Committee on Ship Design and Construction, 90404 2016-29943 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Mental Health Services, 90370 2016-29949 Surface Transportation Surface Transportation Board RULES Rules Relating to Board-Initiated Investigations, 90229-90240 2016-29902 NOTICES Requests for Nominations:

Railroad-Shipper Transportation Advisory Council, 90405-90406 2016-29974 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration PROPOSED RULES Use of Mobile Wireless Devices for Voice Calls on Aircraft, 90258-90267 2016-29830 Treasury Treasury Department See Foreign Assets Control Office Customs U.S. Customs and Border Protection NOTICES Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties, 90370-90372 2016-30057 Veteran Affairs Veterans Affairs Department RULES Advanced Practice Registered Nurses, 90198-90207 2016-29950 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Declaration of Status of Dependents, 90411 2016-29980 Nonprofit Research and Education Corporations Data Collection, 90413-90414 2016-29978 Request for Information to Make Direct Payment to Child Reaching Majority, 90412 2016-29981 Residency Verification Report—Veterans and Survivors, 90411-90412 2016-29982 Submission of School Catalog to State Approving Agency, 90413 2016-29977 Meetings: Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 90411 2016-30025 Reasonable Charges for Medical Care or Services: 2017 Calendar Year Update and National Average Administrative Prescription Drug Charge Update, 90410-90411 2016-30008 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 90416-90522 2016-28804 Part III Health and Human Services Department, Children and Families Administration, 90524-90597 2016-29366 Part IV Architectural and Transportation Barriers Compliance Board, 90600-90629 2016-28867 Part V Housing and Urban Development Department, 90632-90660 2016-29822 Part VI Presidential Documents, 90661-90663, 90665-90674 2016-30262 2016-30265 2016-30272 2016-30277 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. 81 240 Wednesday, December 14, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1250 [Doc. No. AMS-LPS-15-0042] Amendment to the Egg Research and Promotion Rules and Regulations To Update Patents, Copyrights, Trademarks, and Information Provisions AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule amends the Patents, Copyrights, Trademarks, Publications, and Product Formulations

(IP)language of the Egg Research and Promotion Rules and Regulations (Regulations) to conform with commodity research and promotion program orders created under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). DATES: Effective January 13, 2017. FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Research and Promotion Division; Livestock, Poultry, and Seed Program; AMS, USDA; 1400 Independence Avenue SW., Room 2610-S; Washington, DC 20250; telephone

(202)720-5705; fax

(202)720-1125; or email *Kenneth.Payne@ams.usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 The Office of Management and Budget

(OMB)has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 This rule was reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have a retroactive effect. This action will not preempt any state or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. The Egg Research and Consumer Information Act

(Act)[7 U.S.C. 2701 *et seq.* ] provides that administrative proceedings be filed before parties may consider suit in court. Under section 14 of the Act [7 U.S.C. 2713], a person subject to the Egg Promotion and Research Order (Order) may file a petition with the Department of Agriculture

(USDA)stating that the Order, any provision of the Order, or any obligation imposed in connection with the Order, is not in accordance with the law and request a modification of the Order or an exemption from the Order. The petitioner is afforded the opportunity for a hearing on the petition. After a hearing, USDA would rule on the petition. The Act provides that district courts of the U.S. in any district in which such person is an inhabitant, or has their principal place of business, has jurisdiction to review USDA's ruling on the petition, if a complaint for this purpose is filed within 20 days after the date of the entry of the ruling. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act

(RFA)[5 U.S.C. 601-612], the Agricultural Marketing Service

(AMS)has determined that this rule will not have a significant economic impact on a substantial number of small entities as defined by RFA. The purpose of RFA is to fit regulatory action to scale on businesses subject to such action so that small businesses will not be disproportionately burdened. As such, these changes will not impose a significant impact on persons subject to the program. According to the American Egg Board (Board), in 2015, approximately 181 egg producers were subject to the provisions of the Order, including paying assessments. Under the current Order, producers in the 48 contiguous States of the U.S. and the District of Columbia who own more than 75,000 laying hens currently pay a mandatory assessment of 10 cents per 30-dozen case of eggs sold. Egg handlers are responsible for collecting and remitting assessments to the Board. According to the Board, of those 181 egg producers, about 138 egg handlers collect assessments. Assessments under the program are used by the Board to finance promotion, research, and consumer information programs designed to increase consumer demand for eggs in domestic and international markets. In 13 CFR part 121, the Small Business Administration

(SBA)defines small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms as those having annual receipts of no more than $7 million. Under this definition, the vast majority of egg producers that would be affected by this rule would not be considered small entities. Producers owning 75,000 or fewer laying hens are eligible to be exempt from this program. This rule does not impose additional recordkeeping requirements on egg producers or handlers. There are no Federal rules that duplicate, overlap, or conflict with this rule. Paperwork Reduction Act In accordance with OMB regulation 5 CFR part 1320, which implements the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], the information collection and recordkeeping requirements that are imposed by the Order and Rules and Regulations have been approved previously under OMB control number 0581-0093. This rule does not result in a change to those information collection and recordkeeping requirements. Background The Act established a national egg research and promotion program—administered by the Board—that is financed through industry assessments and subject to oversight by USDA's AMS. This program of promotion, research, and consumer information is designed to strengthen the position of eggs in the marketplace and to establish, maintain, and expand markets for eggs. Under the current Regulations initially established in 1976, any IP financed by assessment funds or other revenues of the Board shall become property of the U.S. Government as represented by the Board. The language does not allow for alternative ownership arrangements. In addition, there is no explicit allowance for alternative ownership arrangements in cases where the Board is not providing all of the funding for a project. According to the Board, the current language in the Order has made negotiating contracts for shared ownership of IP rights with research entities difficult and in some cases impossible. Specifically, a majority of university policies typically reflect a requirement for the university to own any IP created under research projects they conduct, even if the project is funded with outside money. These university policies have made it difficult for the Board to contract with universities for research due to the IP ownership requirements contained in the Order. As a result, USDA is amending § 1250.542 of the Regulations to incorporate language utilized by research and promotion boards created under the 1996 Act that would provide the Board with flexibility in negotiating over the ownership of IP rights. The research and promotion boards created under the 1996 Act have utilized this language to negotiate ownership rights over IP to effectively expend assessment funds to promote agricultural commodities. Summary of Comments AMS published the notice of proposed rulemaking in the **Federal Register** on March 16, 2016 [81 FR 14021]. The comment period ended on May 16, 2016. AMS received one timely comment from a university. The commenter expressed that it is the policy of the university to retain ownership of intellectual property generated through research funded by external parties and encouraged AMS to adopt policies and rules that closely follow the standard approaches articulated in Federal Government grants. However, the egg research and promotion program is not a grant program and is not subject to Federal grants policy. In addition, the Board does not receive Federal funding. All funds are received from egg producers required under the enabling legislation to pay an assessment to the Board to fund programs designed to increase demand for eggs and egg products both domestically and internationally. Accordingly, AMS did not incorporate the Federal grants policy into the final rule. List of Subjects in 7 CFR Part 1250 Administrative practice and procedure, Advertising, Agricultural research, Eggs and egg products, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 1250 is amended as follows: PART 1250—EGG RESEARCH AND PROMOTION 1. The authority citation of 7 CFR part 1250 continues to read as follows: Authority: 7 U.S.C. 2701-2718; 7 U.S.C. 7401. 2. Revise § 1250.542 to read as follows: § 1250.542 Patents, Copyrights, Inventions, Trademarks, Information, Publications, and Product Formulations.

(a)Except as provided in paragraph

(b)of this section, any patents, copyrights, inventions, trademarks, information, publications, or product formulations developed through the use of funds collected by the Board under the provisions of this subpart shall be the property of the U.S. Government, as represented by the Board, and shall, along with any rents, royalties, residual payments, or other income from the rental, sales, leasing, franchising, or other uses of such patents, copyrights, inventions, trademarks, information, publications, or product formulations, inure to the benefit of the Board; shall be considered income subject to the same fiscal, budget, and audit controls as other funds of the Board; and may be licensed subject to approval by the Secretary. Upon termination of this subpart, § 1250.358 shall apply to determine disposition of all such property.

(b)Should patents, copyrights, inventions, trademarks, information, publications, or product formulations be developed through the use of funds collected by the Board under this subpart and funds contributed by another organization or person, the ownership and related rights to such patents, copyrights, inventions, trademarks, information, publications, or product formulations shall be determined by an agreement between the Board and the party contributing funds towards the development of such patents, copyrights, inventions, trademarks, information, publications, or product formulations in a manner consistent with paragraph

(a)of this section. Dated: December 8, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-29988 Filed 12-13-16; 8:45 am]

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