Proposed Rules. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-05-03.xml --- 82 84 Wednesday, May 3, 2017 Contents Agriculture Agriculture Department See Grain Inspection, Packers and Stockyards Administration See Rural Housing Service Centers Disease Centers for Disease Control and Prevention NOTICES Issuance of Final Guidance Publications, 20606 2017-08887 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: FY 2018 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements, 20750-20792 2017-08563 Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2018, 20690-20747 2017-08428 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commission Fine Commission of Fine Arts NOTICES Meetings, 20589 2017-08781 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 20589 2017-08974 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consumer Focus Groups, 20589-20590 2017-08914 Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 20591-20592 2017-08915 Procedures for Export of Noncomplying Products, 20590-20591 2017-08913 Safety Standard for Multi-Purpose Lighters, 20591 2017-08916 Court Court Services and Offender Supervision Agency for the District of Columbia NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 20592-20594 2017-08911 Defense Department Defense Department NOTICES Meetings: Government-Industry Advisory Panel, 20594-20595 2017-08949 U.S. Court of Appeals for Armed Forces Proposed Rules Changes, 20595-20596 2017-08893 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 20596 2017-08996 Delaware Delaware River Basin Commission NOTICES Meetings:

Delaware River Basin Commission, 20596-20597 2017-08919 Drug Drug Enforcement Administration RULES Schedules of Controlled Substances: Temporary Placement of 4-Fluoroisobutyryl Fentanyl into Schedule I, 20544-20548 2017-08943 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Teacher Incentive Fund Annual Performance Report, 20600-20601 2017-08895 Privacy Act; Systems of Records, 20597-20600 2017-08950 Energy Department Energy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Energy Priorities and Allocations System, 20601-20602 2017-08936 Meetings: Environmental Management Site-Specific Advisory Board, Savannah River Site, 20601 2017-08926 Self-Certifications: Coal Capability under Powerplant and Industrial Fuel Use Act, 20602 2017-08736 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 20602-20603 2017-08991 Federal Aviation Federal Aviation Administration PROPOSED RULES Amendment of Class D and E Airspace:

Battle Creek, MI, 20554-20555 2017-08856 Federal Communications Federal Communications Commission PROPOSED RULES Petitions for Reconsiderations of Actions in Rulemaking Proceedings, 20558 2017-08858 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20603-20605 2017-08889 2017-08954 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: National Advisory Council, 20609-20610 2017-08917 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Walton County; Bay County, FL, 20686 2017-08910 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 20605 2017-08940 Federal Railroad Federal Railroad Administration RULES Training, Qualification, and Oversight for Safety-Related Railroad Employees, 20549-20553 2017-08944 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 20605-20606 2017-08890 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 20606 2017-08854 Grain Inspection Grain Inspection, Packers and Stockyards Administration RULES United States Standards for Barley, 20541-20544 2017-08942 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency Interior Interior Department See National Park Service NOTICES Requests for Nominations:

Royalty Policy Committee, 20610 2017-08934 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Aluminum Foil from People's Republic of China, 20559-20560 2017-08966 Export Trade Certificates of Review: Fox Petroleum USA Corp., 20560-20561 2017-08941 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: 100- to 150-Seat Large Civil Aircraft from Canada, 20634-20635 2017-08894 Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same, 20633-20634 2017-08923 Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof, 20635-20636 2017-08924 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Supplemental Fraud Survey to the National Crime Victimization Survey 2017, 20636-20637 2017-08882 Labor Department Labor Department See Occupational Safety and Health Administration Legal Legal Services Corporation PROPOSED RULES Bonding Requirements for Recipients, 20555-20558 2017-08857 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 20637 2017-08888 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institute of Standards and Technology NOTICES Meetings:

National Advisory Committee on Windstorm Impact Reduction, 20561-20562 2017-08881 National Institute National Institutes of Health NOTICES Meetings: National Institute of Allergy and Infectious Diseases, 20606-20607 2017-08946 2017-08947 National Institute of Mental Health, 20607-20608 2017-08937 2017-08938 National Institute on Minority Health and Heath Disparities, 20607 2017-08939 Requirements and Registration for Antimicrobial Resistance Rapid, Point-of-Need Diagnostic Test Challenge, 20608-20609 2017-08920 National Mediation National Mediation Board NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20637-20639 2017-08927 National Oceanic National Oceanic and Atmospheric Administration NOTICES Applications for Exempted Fishing Permits, 20562-20563 2017-08906 Meetings: Sanctuary System Business Advisory Council, 20587 2017-08921 Takes of Marine Mammals: Incidental to Site Characterization Surveys off Coast of New Jersey, 20563-20587 2017-08918 National Park National Park Service NOTICES Inventory Completions: Allen County-Fort Wayne Historical Society, Fort Wayne, IN, 20632-20633 2017-08874 Department of Anthropology at Indiana University, Bloomington, IN, 20624-20625 2017-08865 Field Museum of Natural History, Chicago, IL;

Correction, 20610-20611 2017-08873 Fowler Museum at UCLA, Los Angeles, CA, 20625-20627 2017-08869 Grand Canyon National Park, Grand Canyon, AZ; Correction, 20628 2017-08860 History Colorado, formerly Colorado Historical Society, Denver, CO, 20622-20623 2017-08872 Human Remains Repository, Department of Anthropology, University of Wyoming, Laramie, WY, 20612-20615 2017-08868 Kansas State Historical Society, Topeka, KS, 20627-20628 2017-08867 Nebraska State Historical Society, Lincoln, NE, 20618-20619 2017-08861 Office of the State Archaeologist, University of Iowa, Iowa City, IA, 20617-20618 2017-08871 Peabody Museum of Natural History, Yale University, New Haven, CT, 20611-20612 2017-08875 San Diego Museum of Man, San Diego, CA, 20628-20629 2017-08877 Tennessee Department of Environment and Conservation, Division of Archaeology, Nashville, TN, 20620-20621 2017-08870 Tennessee Valley Authority, Knoxville, TN;

Correction, 20621, 20629-20630 2017-08862 2017-08863 University of Pennsylvania Museum of Archaeology and Anthropology, Philadelphia, PA, 20631-20632 2017-08864 Repatriation of Cultural Items: Fish and Wildlife Service, Alaska Region, Anchorage, AK, 20630-20631 2017-08880 Museum of Northern Arizona, Flagstaff, AZ, 20623-20624 2017-08859 Peabody Museum of Natural History, Yale University, New Haven, CT, 20621-20622 2017-08876 Placer County Museums, Auburn, CA, 20619-20620 2017-08878 Robert S.

Peabody Museum of Archaeology, Phillips Academy, Andover, MA, 20615-20616 2017-08879 Worcester Society of Natural History d.b.a. EcoTarium, Worcester, MA, 20616-20617 2017-08866 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License amendment applications: Department of the Air Force, Robins Air Force Base, GA, Proposed Decommissioning Plan, 20639-20642 2017-08935 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness, 20548-20549 2017-08754 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Global Intellectual Property Academy Surveys, 20587-20589 2017-08897 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 20642 2017-08948 Postal Service Postal Service NOTICES Product Changes: Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 20642-20643 2017-08883 Priority Mail Negotiated Service Agreement, 20643 2017-08884 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Asian American and Pacific Islander Heritage Month (Proc. 9595), 20793-20796 2017-09073 Jewish American Heritage Month (Proc. 9596), 20797-20798 2017-09074 Loyalty Day (Proc. 9602), 20809-20810 2017-09082 National Charter Schools Week (Proc. 9600), 20805-20806 2017-09078 National Foster Care Month (Proc. 9597), 20799-20800 2017-09075 National Physical Fitness and Sports Month (Proc. 9598), 20801-20802 2017-09076 Older Americans Month (Proc. 9599), 20803-20804 2017-09077 Small Business Week (Proc. 9601), 20807-20808 2017-09079 EXECUTIVE ORDERS America-First Offshore Energy Strategy;

Implementation Efforts (EO 13795), 20815-20818 2017-09087 Committees; Establishment, Renewal, Termination, etc.: American Technology Council; Establishment (EO 13794), 20811-20813 2017-09083 Rural Housing Service Rural Housing Service NOTICES Meetings: Multi-Family Housing Program 2017 Industry Forums; Teleconferences, 20559 2017-08885 Securities Securities and Exchange Commission NOTICES Applications: Commonwealth Annuity and Life Insurance Company, et al., 20664-20671 2017-08904 Exemption Applications:

New York Stock Exchange LLC, NYSE MKT LLC, NYSE Arca, Inc., and NYSE National, Inc., 20671-20673 2017-08891 Self-Regulatory Organizations; Proposed Rule Changes: Fixed Income Clearing Corp., 20652-20656, 20685 2017-08903 2017-08907 Investors Exchange LLC, 20648-20652 2017-08902 NASDAQ Stock Market LLC, 20673-20685 2017-08899 New York Stock Exchange LLC, 20643-20645 2017-08901 NYSE Arca, Inc., 20656-20664 2017-08900 The Options Clearing Corp., 20645-20648 2017-08892 Small Business Small Business Administration NOTICES Conflict of Interest Exemptions:

Central Valley Fund III (SBIC), LP, 20685-20686 2017-08909 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Authorization to Disclose Personal Information to a Third Party (Insurance), 20688 2017-08931 Mandatory Status of Dependents, 20687-20688 2017-08930 Request for Employment Information in Connection with Claim for Disability Benefits, 20686 2017-08932 Statement in Support of Claim, 20687 2017-08933 Status of Dependents Questionnaire;

Correction, 20686-20687 2017-08929 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 20690-20747 2017-08428 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 20750-20792 2017-08563 Part IV Presidential Documents, 20793-20813, 20815-20818 2017-09073 2017-09074 2017-09075 2017-09076 2017-09077 2017-09078 2017-09079 2017-09082 2017-09083 2017-09087 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. 82 84 Wednesday, May 3, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Parts 800 and 810 United States Standards for Barley AGENCY: Grain Inspection Packers and Stockyards Administration, USDA.

ACTION: Final rule. SUMMARY: The Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA) is revising the U.S. Standards for Barley (barley standards) under the United States Grain Standards Act (USGSA) by revising the definitions of other terms to remove Six-rowed Blue Malting barley and the reference to kernels with white aleurone layers. Further, GIPSA is revising the barley standards to add the factors injured-by mold and mold-damaged kernels to the subclass Six-rowed Malting barley.

Finally, GIPSA is revising the grade requirements for Two-rowed Malting Barley and Six-rowed Malting barley, and removing those for Six-rowed Blue Malting barley. DATES: This rule is effective August 1, 2018. FOR FURTHER INFORMATION CONTACT: Barry Gomoll, 202-720-8286. Persons with disabilities who require alternative means for communication (Braille, large print, audio tape, etc.) should contact the USDA Target Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Background Barley is defined in the U.S. Standards for Barley as grain that, before the removal of dockage, consists of 50 percent or more of whole kernels of cultivated barley ( *Hordeum vulgare* L.) and not more than 25 percent of other grains for which standards have been established under the USGSA (7 U.S.C. 71-87k). The term “barley” as used in these standards does not include hull-less barley or black barley. In 2015, U.S. barley producers harvested 3.1 million acres of barley, producing 214.3 million bushels of the grain. Beer production in the United States accounts for approximately 56 percent of total domestic use; feed and industrial uses account for about 36 percent of domestic use; and whiskey, food and seed account for about 8 percent of domestic use (2005-2014 average). Barley is also exported for feed and malting purposes, typically accounting for less than five percent of total barley usage. Section 76 of the USGSA authorizes GIPSA to establish and maintain the standards for barley and other grains regarding kind, class, quality, and condition (7 U.S.C. 76(a)). The barley standards facilitate the marketing of barley, define U.S. barley quality, and define commonly used industry terms in the domestic and global marketplace. Also, the barley standards contain basic principles such as the basis of determination used for a particular quality factor analysis, as well as specify grades, grade requirements, special grades, and special grade requirements. The barley standards were established on August 24, 1926, were last revised in 1997, and appear in the USGSA regulations at 7 CFR 810.201 through 810.207. Changes to Barley Standards This final rule makes several revisions to the barley standards. The term “Blue Malting barley” and references to kernels with white aleurone layers are being removed from the definitions and the subclass Six-rowed Blue Malting barley is being removed from the barley standards (7 CFR 810.202 and 810.204). These references are being removed because

(1)blue aleurone barley is no longer used by the malting and brewing industry in the United States,

(2)no blue aleurone malting varieties are grown for export, and

(3)United States production of blue aleurone malting barley is minimal. Further, the grade requirement tables for Six-rowed Malting barley and Two-rowed Malting barley are being harmonized to have the same grade limits for all factors except for test weight and thin barley. The following changes are being made to the grade requirements for Six-rowed Malting barley: • The minimum limit for barley of suitable malting types for grade numbers 1 and 2 is increased. • The minimum percentage of sound barley for all grades is increased. • Maximum limits of wild oats are added to all grades. The following changes are being made to the grade requirements for Two-rowed Malting barley: • Maximum limits of damaged kernels are added to all grades. • Maximum limits of other grains are added to all grades. • The maximum limits for skinned and broken kernels are lowered for grade numbers 1, 2, and 3. Along with the changes to the grade requirements, the definition of Six-rowed Malting barley is being revised to include limits for injured-by-mold kernels and mold-damaged kernels. These changes are being made as the result of producer and industry comments in response to an Advance Notice of Proposed Rulemaking published on October 4, 2011, in the **Federal Register** (76 FR 61287). The comments stated that historical differences between six-rowed and two-rowed barley varieties have declined significantly and both classes are grown for the same uses. Commenters recommended that the standards for the classes should be harmonized with each other. The exceptions to this are the factors test weight and thin barley, for which genetic differences still exist between six-rowed and two-rowed varieties. Inspection Plan Tolerances Additionally, these changes to the grade standards make it necessary to update the tolerances for the inspection of shiplot, unit train, and lash barges in single lots. These types of lots are inspected using a statistically based inspection plan, which uses tolerances to allow slight deviation in quality. These tolerances, published in Table 1 and Table 2 of section 800.86(c)(2), are being updated to reflect the harmonization of the standards. Proposed Rule Comment Review On July 25, 2014, GIPSA issued a proposed rule requesting comments on proposed changes to the barley standards (79 FR 43281). GIPSA received two comments in response to this proposed rule. One comment came from a malting barley industry group. The comment expressed agreement with the changes in the proposed rule, commenting that the changes in the barley standards provide consistency for barley trading and insurance purposes. The other comment came from a farmer who grows wheat and barley. The comment expressed concern that, by adding limits for injured-by-mold and mold-damaged kernels to Six-rowed Malting barley, the proposed rule might impose more restrictions on growers of barley. Since mold is primarily a storage issue, these additions should not place any further burden on barley producers. Furthermore, the inclusion of these factors in the barley standards should allow crop insurance to cover losses to farmers in the event that mold damage does occur, protecting the farmers from rejection of their crop by buyers. Effective Date As specified in the USGSA (7 U.S.C. 76(b)), amendments to the standards cannot become effective less than 1 calendar year after public notification, unless in the judgment of the Secretary, the public health, interest, or safety require that they become effective sooner. Following this section of the USGSA, GIPSA has determined that it is in the public interest to make this final rule effective on August 1, 2018, in order to coincide with the start of the barley marketing year. Executive Orders 12866 and 13771, and Regulatory Flexibility Act This rule does not meet the definition of a significant regulatory action contained in section 3(f) of Executive Order 12866, and is not subject to review by the Office of Management and Budget (OMB). Additionally, because this rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. *See* OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017). Under the requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), GIPSA has considered the economic impact of this action on small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. The Small Business Administration

(SBA)defines small businesses by their North American Industry Classification System Codes (NAICS). This rule affects customers of GIPSA's official inspection and weighing services in the domestic and export grain markets such as grain elevators/merchants (NAICS 424510), those in the malt manufacturing industry (NAICS 311213), and official grain inspection agencies. GIPSA is revising the barley standards in the Definitions of Other Terms by removing Six-rowed Blue Malting barley and the reference to kernels with white aleurone layers. In addition, the change adds injured-by-mold and mold-damaged kernels to the definition of Six-rowed Malting barley. The definition change also revises the grade and grade requirements for Two-rowed Malting barley. Further, the grade and grade requirements for Six-rowed Malting barley and Six-rowed Blue Malting barley are revised. Under the provisions of the USGSA, grain exported from the United States must be officially inspected and weighed. GIPSA provides mandatory inspection and weighing services at 45 export facilities in the United States and 7 facilities for U.S. grain transshipped through Canadian ports. Five delegated State agencies provide mandatory inspection and weighing services at 13 facilities. All of these facilities are owned by multi-national corporations, large cooperatives, or public entities that do not meet the requirements for small entities established by the SBA. Further, the regulations are applied equally to all entities. The USGSA (7 U.S.C. 87f-1) requires the registration of all persons engaged in the business of buying grain for sale in foreign commerce. In addition, those persons who handle, weigh, or transport grain for sale in foreign commerce must also register. Section 800.30 of the USGSA regulations (7 CFR 800.30) define a foreign commerce grain business as a person who regularly engage in buying for sale, handling, weighing, or transporting grain totaling 15,000 metric tons or more during the preceding or current calendar year. At present, there are 108 registrants registered to export grain. GIPSA believes that most of the 108 registrants are large businesses and very few are small businesses. GIPSA also provides domestic and miscellaneous inspection and weighing services at other than export locations. Such services are provided by official state and private agencies. Approximately 217 different applicants receive domestic inspection services each year and approximately 150 different locations receive track scale tests as a miscellaneous service each year. Most users of the official inspection and weighing services do not meet the requirements for small entities nor do the agencies that provide such services. Further, GIPSA is required by statute to make services available and to recover, as nearly as practicable, the costs of providing such services. There would be no additional reporting, record keeping, or other compliance requirements imposed upon small entities as a result of this rulemaking. Further, GIPSA has not identified any other Federal rules that may duplicate, overlap or conflict with this rulemaking. Therefore, GIPSA has determined that this rulemaking will not have a significant economic impact on a substantial number of small entities as defined in the RFA. Executive Order 12988 This rulemaking has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. The USGSA provides in section 87g that no subdivision may require or impose any requirements or restrictions concerning the inspection, weighing, or description of grain under the USGSA. Otherwise, this rule would not preempt any State or local laws, or regulations, or policies unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Executive Order 13175 This rulemaking has been reviewed with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. GIPSA has received no requests for official services for barley from any Tribal Government. Therefore, GIPSA believes that this rule would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications. Paperwork Reduction Act In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and recordkeeping requirements included in this rulemaking has previously been approved by the OMB under control number 0580-0013. GIPSA is committed to complying with the Government Paperwork Elimination Act, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to maximum extent possible. E-Government Compliance GIPSA 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. List of Subjects 7 CFR Part 800 Administrative practice and procedure, Conflict of interests, Exports, Freedom of information, Grains, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. 7 CFR Part 810 Exports, Grain. For reasons set out in the preamble 7 CFR parts 800 and 810 are amended as follows: PART 800—GENERAL REGULATIONS 1. The authority citation for part 800 continues to read as follows: Authority: 7 U.S.C. 71-87k. 2. In § 800.86, Table 1 and Table 2 in paragraph (c)(2) are revised to read as follows: § 800.86 Inspection of shiplot, unit train, and lash barge grain in single lots.

(c)* * *

(2)* * * Table 1—Grade Limits

(GL)and Breakpoints

(BP)for Six-Rowed Malting Barley Grade Minimum limits of— Test weight per bushel (pounds) GL BP Suitable malting types (percent) GL BP Sound barley 1 (percent) GL BP Maximum limits of— Damaged kernels 1 (percent) GL BP Wild oats (percent) GL BP Foreign material (percent) GL BP Other grains (percent) GL BP Skinned and broken kernels (percent) GL BP Thin barley (percent) GL BP U.S. No. 1 47.0 −0.5 97.0 −1.0 98.0 −0.8 2.0 0.8 1.0 0.6 0.5 0.1 2.0 0.8 4.0 1.1 7.0 0.6 U.S. No. 2 45.0 −0.5 97.0 −1.0 98.0 −0.8 3.0 0.9 1.0 0.6 1.0 0.4 3.0 0.9 6.0 1.4 10.0 0.9 U.S. No. 3 43.0 −0.5 95.0 −1.3 96.0 −1.1 4.0 1.1 2.0 0.8 2.0 0.5 5.0 1.3 8.0 1.5 15.0 0.9 U.S. No. 4 43.0 −0.5 95.0 −1.3 93.0 −1.1 5.0 1.3 3.0 0.9 3.0 0.6 5.0 1.3 10.0 1.6 15.0 0.9 1 Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley. Table 2—Grade Limits

(GL)and Breakpoints

(BP)for Two-Rowed Malting Barley Grade Minimum limits of— Test weight per bushel (pounds) GL BP Suitable malting types (percent) GL BP Sound barley 1 (percent) GL BP Maximum limits of— Damaged kernels 1 (percent) GL BP Wild oats (percent) GL BP Foreign material (percent) GL BP Other grains (percent) GL BP Skinned and broken kernels (percent) GL BP Thin barley (percent) GL BP U.S. No. 1 50.0 −0.5 97.0 −1.0 98.0 −0.8 2.0 0.8 1.0 0.6 0.5 0.1 2.0 0.8 4.0 1.1 5.0 0.4 U.S. No. 2 48.0 −0.5 97.0 −1.0 98.0 −0.8 3.0 0.9 1.0 0.6 1.0 0.4 3.0 0.9 6.0 1.4 7.0 0.5 U.S. No. 3 48.0 −0.5 95.0 −1.3 96.0 −1.1 4.0 1.1 2.0 0.8 2.0 0.5 5.0 1.3 8.0 1.5 10.0 0.9 U.S. No. 4 48.0 −0.5 95.0 −1.3 93.0 −1.1 5.0 1.3 3.0 0.9 3.0 0.6 5.0 1.3 10.0 1.6 10.0 0.9 1 Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley. Note: Malting barley must not be infested in accordance with § 810.107(b) and must not contain any special grades as defined in § 810.206. Six- and two-rowed barley varieties not meeting the above requirements must be graded in accordance with standards established for the class Barley. PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN 3. The authority citation for part 810 continues to read as follows: Authority: 7 U.S.C. 71-87k. 4. In § 810.202, paragraph (c)(1) is revised to read as follows: § 810.202 Definition of other terms.

(c)* * *

(1)*Malting barley* is divided into the following two subclasses:

(i)*Six-rowed Malting barley* has a minimum of 95.0 percent of a six-rowed suitable malting type that contains not more than 1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-damaged kernels. Six-rowed Malting barley must not be infested, blighted, ergoty, garlicky, or smutty as defined in § 810.107(b) and § 810.206.

(ii)*Two-rowed Malting barley* has a minimum of 95.0 percent of a two-rowed suitable malting type that contains not more than 1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-damaged kernels. Two-rowed Malting barley must not be infested, blighted, ergoty, garlicky, or smutty as defined in § 810.107(b) and § 810.206. 5. Section 810.204 is revised to read as follows: § 810.204 Grades and grade requirements for Six-rowed Malting barley. Grade Minimum limits of— Test weight per bushel (pounds) Suitable malting types (percent) Sound barley 1 (percent) Maximum limits of— Damaged kernels 1 (percent) Wild oats (percent) Foreign material (percent) Other grains (percent) Skinned and broken kernels (percent) Thin barley (percent) U.S. No. 1 47.0 97.0 98.0 2.0 1.0 0.5 2.0 4.0 7.0 U.S. No. 2 45.0 97.0 98.0 3.0 1.0 1.0 3.0 6.0 10.0 U.S. No. 3 43.0 95.0 96.0 4.0 2.0 2.0 5.0 8.0 15.0 U.S. No. 4 43.0 95.0 93.0 5.0 3.0 3.0 5.0 10.0 15.0 1 Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley. Note: Malting barley must not be infested in accordance with § 810.107(b) and must not contain any special grades as defined in § 810.206. Six-rowed Malting barley varieties not meeting the requirements of this section must be graded in accordance with standards established for the class Barley. 6. Section 810.205 is revised to read as follows: § 810.205 Grades and grade requirements for Two-rowed Malting barley. Grade Minimum limits of— Test weight per bushel (pounds) Suitable malting types (percent) Sound barley 1 (percent) Maximum limits of— Damaged kernels 1 (percent) Wild oats (percent) Foreign material (percent) Other grains (percent) Skinned and broken kernels (percent) Thin barley (percent) U.S. No. 1 50.0 97.0 98.0 2.0 1.0 0.5 2.0 4.0 5.0 U.S. No. 2 48.0 97.0 98.0 3.0 1.0 1.0 3.0 6.0 7.0 U.S. No. 3 48.0 95.0 96.0 4.0 2.0 2.0 5.0 8.0 10.0 U.S. No. 4 48.0 95.0 93.0 5.0 3.0 3.0 5.0 10.0 10.0 1 Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley. Note: Malting barley must not be infested in accordance with § 810.107(b) and must not contain any special grades as defined in § 810.206. Six-rowed Malting barley and Six-rowed Blue Malting barley varieties not meeting the requirements of this section must be graded in accordance with standards established for the class Barley. Mark C. Craig, Acting Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 2017-08942 Filed 5-2-17; 8:45 am]

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