Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-09-12.xml --- 82 175 Tuesday, September 12, 2017 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES Requests for Information: Improving Customer Service, 42781 2017-19337 AIRFORCE Air Force Department NOTICES Records of Decisions: Establishment and Modification of Oregon Military Training Airspace, 42803 2017-19312 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Report of Multiple Sale or Other Disposition of Certain Rifles, 42836-42837 2017-19335 Animal Animal and Plant Health Inspection Service RULES Imports: Bone-In Ovine Meat from Uruguay, 42729-42733 2017-19225 Fresh Persimmon with Calyxes from Japan into United States, 42727-42729 2017-19226 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bees and Related Articles, 42782-42783 2017-19280 Environmental Assessments;

Availability, etc.: Oral Rabies Vaccine Trial, 42781-42782 2017-19227 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Meetings: Community Bank Advisory Council, 42803 2017-19324 Centers Medicare Centers for Medicare & Medicaid Services RULES Adjustment of Civil Monetary Penalties for Inflation: Correcting Amendment, 42748-42749 2017-19311 Civil Rights Civil Rights Commission NOTICES Meetings: South Dakota Advisory Committee, 42784 2017-19260 Coast Guard Coast Guard RULES Drawbridge Operations:

Carquinez Strait, Martinez, CA, 42735 2017-19254 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Office Copyright Office, Library of Congress RULES Affixation and Position of Copyright Notice, 42735-42738 2017-19285 Defense Department Defense Department See Air Force Department Drug Drug Enforcement Administration PROPOSED RULES Schedules of Controlled Substances: Temporary Placement of ortho-Fluorofentanyl, Tetrahydrofuranyl Fentanyl, and Methoxyacetyl Fentanyl into Schedule I, 42754-42757 2017-19283 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Evaluation of ESSA Title I, Part C, Migrant Education Programs (Study Instruments), 42804-42805 2017-19325 Middle Grades Longitudinal Study of 2017-18 Main Study Base Year, Operational Field Test First Follow-up, and Tracking and Recruitment for Main Study First Follow-up, 42803-42804 2017-19229 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Energy Efficiency and Conservation Block Grant Financing Programs, 42805 2017-19281 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Kentucky; Revisions to Ambient Air Quality Standards, 42746-42748 2017-19212 Montana; Regional Haze Federal Implementation Plan, 42738-42746 2017-19210 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Approval of Air Plan Revisions, Placer County and Ventura County Air Pollution Control Districts, 42765-42767 2017-19213 Delaware;

Reasonably Available Control Technology State Implementation Plan under 2008 Ozone National Ambient Air Quality Standard, 42767-42772 2017-19215 Idaho; Particulate Matter Standard Infrastructure Requirements, 42772-42780 2017-19346 NOTICES List Decisions under the Clean Water Act, 42808-42809 2017-19350 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: General Electric Company Turbofan Engines, 42752-42754 2017-19250 Federal Communications Federal Communications Commission RULES Noncommercial Educational Station Fundraising for Third-Party Non-Profit Organizations, 42749-42750 2017-19218 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 42809-42813 2017-19219 2017-19220 2017-19221 2017-19222 2017-19223 Federal Emergency Federal Emergency Management Agency NOTICES Disaster Declarations: Nebraska, 42829 2017-19266 Emergencies and Related Determinations: Louisiana, 42828 2017-19262 Major Disasters and Related Determinations: Idaho, 42828-42829 2017-19263 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 42806 2017-19245 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Hudson Energy Services, LLC, 42806 2017-19246 Just Energy Pennsylvania Corp., 42808 2017-19247 Just Energy Texas I Corp., 42808 2017-19248 Records Governing Off-the-Record Communications, 42806-42807 2017-19249 Requests for Waivers: Black Marlin Pipeline Co., 42807 2017-19244 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in Tennessee, 42876 2017-19173 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 42813 2017-19334 Federal Reserve Federal Reserve System RULES Restrictions on Qualified Financial Contracts of Systemically Important U.S.

Banking Organizations and U.S. Operations of Systemically Important Foreign Banking Organizations: Revisions to Definition of Qualifying Master Netting Agreement and Related Definitions, 42882-42926 2017-19053 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42814-42815 2017-19217 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 42815 2017-19211 Food and Drug Food and Drug Administration NOTICES Center for Devices and Radiological Health Premarket Approval Application Critical to Quality Pilot Program, 42815-42818 2017-19258 Guidance:

Evaluation and Reporting of Age, Race, and Ethnicity Data in Medical Device Clinical Studies, 42819-42821 2017-19259 International Drug Scheduling: Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Ocfentanil, Carfentanil, Pregabalin, Tramadol, Cannabidiol, Ketamine, and Eleven Other Substances, 42818-42819 2017-19261 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 42878-42879 2017-19243 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities:

Mead Johnson and Co., LLC, dba Mead Johnson Nutritional, Foreign-Trade Zone 43, Battle Creek, MI, 42784-42785 2017-19295 MSD International GMBH (Puerto Rico Branch), LLC, Foreign-Trade Zone 7, Mayaguez, PR, 42785 2017-19298 Subzone Applications: Ekornes Inc., Foreign-Trade Zone 44, Morris County, NJ, 42784 2017-19297 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Practitioner Data Bank for Adverse Information on Physicians and Other Health Care Practitioners, 42821-42823 2017-19252 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection NOTICES Determinations: Illegal Immigration Reform and Immigrant Responsibility Act, 42829-42831 2017-19234 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Fee or Roster Personnel (Appraisers and Inspectors) Designation and Appraisal Reports, 42831-42832 2017-19327 FHA-Insured Mortgage Loan Servicing of Delinquent, Default and Foreclosure with Service Members Act, 42831 2017-19326 Interior Interior Department See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China, 42792-42794 2017-19292 Certain Frozen Fish Fillets from Socialist Republic of Vietnam, 42785-42788 2017-19288 Emulsion Styrene-Butadiene Rubber from Brazil, Republic of Korea, Mexico, and Poland, 42790-42792 2017-19287 Large Residential Washers from Republic of Korea, 42788-42790 2017-19290 Determinations of Sales at Less Than Fair Value:

Carbon and Alloy Steel Wire Rod from Belarus, 42796-42798 2017-19286 Certain Carbon and Alloy Steel Wire Rod from Russian Federation and United Arab Emirates, 42794-42796 2017-19289 Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Federal Republic of Germany, India, Italy, Republic of Korea, People's Republic of China, and Switzerland, 42788 2017-19291 International Trade Com International Trade Commission NOTICES Complaints: Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies, 42835-42836 2017-19224 Investigations;

Determinations, Modifications, and Rulings, etc.: High Pressure Steel Cylinders from China, 42836 2017-19282 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration NOTICES Proposed Consent Decrees under the Clean Air Act, 42838 2017-19332 Proposed Consent Decrees under the Clean Water and Resource Conservation and Recovery Acts:, 42837-42838 2017-19300 Labor Department Labor Department See Mine Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Hoist Operators' Physical Fitness, 42838-42839 2017-19238 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Onshore Oil and Gas Operations and Production, 42832-42834 2017-19284 Terminated Oil and Gas Leases; Proposed Reinstatements: Utah, 42834 2017-19345 Library Library of Congress See Copyright Office, Library of Congress Mine Mine Safety and Health Administration PROPOSED RULES Examinations of Working Places in Metal and Nonmetal Mines, 42757-42765 2017-19380 2017-19381 NASA National Aeronautics and Space Administration NOTICES Meetings:

Earth Science Advisory Committee, 42839 2017-19307 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42842 2017-19331 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 42839-42841 2017-19330 Records Schedules, 42841-42842 2017-19279 National Institute National Institutes of Health NOTICES Government-Owned Inventions;

Availability for Licensing, 42823-42824 2017-19313 Meetings: Center for Scientific Review, 42824 2017-19230 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 42823 2017-19232 National Institute on Aging, 42824-42825 2017-19231 National Institute on Drug Abuse, 42825 2017-19233 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: National Sea Grant Advisory Board, 42800-42801 2017-19336 North Pacific Fishery Management Council, 42802 2017-19319 Pacific Fishery Management Council, 42801-42802 2017-19318 Permanent Advisory Committee to Advise U.S.

Commissioners to Western and Central Pacific Fisheries Commission, 42800 2017-19242 South Atlantic Fishery Management Council, 42798-42800 2017-19321 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Approval of Foreign Travel, 42842-42843 2017-19333 Facility Operating and Combined Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 42844-42857 2017-19214 Petitions:

Northern States Power Co.—Minnesota; Entergy Operations, Inc.; FirstEnergy Nuclear Operating Co.; Virginia Electric and Power Co.; TEX Operations Co., LLC, et al., 42857-42858 2017-19216 Pension Benefit Pension Benefit Guaranty Corporation RULES Bylaws, 42733-42735 2017-19308 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 42858-42859 2017-19323 Postal Service Postal Service NOTICES International Product Changes: GEPS 8 Contracts, 42859-42860 2017-19237 Product Changes:

First-Class Package Service Negotiated Service Agreement, 42860 2017-19278 Priority Mail and First-Class Package Service Negotiated Service Agreement, 42861 2017-19277 Priority Mail Express and Priority Mail Negotiated Service Agreement, 42860 2017-19276 Priority Mail Express Negotiated Service Agreement, 42861 2017-19275 Priority Mail Negotiated Service Agreement, 42860-42861 2017-19274 2017-19269 2017-19270 2017-19271 2017-19272 2017-19273 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 42783-42784 2017-19175 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42783-42784 2017-19175 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42783-42784 2017-19175 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42870-42871 2017-19235 Applications:

Active Weighting Funds ETF Trust and Active Weighting Advisors, LLC, 42869-42870 2017-19236 Meetings; Sunshine Act, 42865 2017-19445 Self-Regulatory Organizations; Proposed Rule Changes: NYSE American, LLC, 42866-42869 2017-19239 NYSE Arca, Inc., 42861-42866 2017-19240 2017-19241 Small Business Small Business Administration NOTICES Disaster Declarations: Mississippi, 42871 2017-19317 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

Bosch to Bloemaert: Early Netherlandish Drawings from Museum Boijmans van Beuningen, Rotterdam, 42871-42872 2017-19256 Mark Tobey: Threading Light, 42871 2017-19257 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42825-42826 2017-19251 Tennessee Tennessee Valley Authority NOTICES Records of Decisions: Multiple Reservoir Land Management Plans, 42872-42874 2017-19310 Trade Representative Trade Representative, Office of United States NOTICES Determinations under African Growth and Opportunity Act;

Correction, 42875-42876 2017-19253 Requests for Nominations: Trade and Environment Policy Advisory Committee, 42874-42875 2017-19296 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42877-42878 2017-18828 Treasury Treasury Department See Foreign Assets Control Office See United States Mint Customs U.S. Customs and Border Protection PROPOSED RULES Reducing Regulation and Controlling Regulatory Costs, 42751-42752 2017-19167 NOTICES Commercial Gaugers and Laboratories;

Accreditations and Approvals: Intertek USA, Inc., Baytown, TX, 42826 2017-19264 Intertek USA, Inc., Savannah, GA, 42826-42827 2017-19265 Intertek USA, Inc., Yabucoa, PR, 42827-42828 2017-19267 U.S. Mint United States Mint NOTICES Product Pricing: 2017 American Liberty 225th Anniversary Silver Four-Medal Set, 42879-42880 2017-19316 Veteran Affairs Veterans Affairs Department NOTICES Fiscal Year 2015 Service Contract Inventory Report and Fiscal Year 2016 Service Contract Proposed Analysis, 42880 2017-19228 Separate Parts In This Issue Part II Federal Reserve System, 42882-42926 2017-19053 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. 82 175 Tuesday, September 12, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2015-0098] RIN 0579-AE27 Importation of Fresh Persimmon With Calyxes From Japan Into the United States AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the regulations concerning the importation of fruits and vegetables to allow the importation of fresh persimmon with calyxes from Japan into the United States. As a condition of entry, the persimmon must be produced in accordance with a systems approach that includes requirements for orchard certification, orchard pest control, post-harvest safeguards, fruit culling, traceback, and sampling.

The persimmons will also have to be accompanied by a phytosanitary certificate with an additional declaration stating that they were produced under, and meet all the components of, the agreed upon systems approach and were inspected and found to be free of quarantine pests. This action will allow the importation of fresh persimmons with calyxes from Japan while continuing to protect against the introduction of plant pests into the United States. DATES: Effective October 12, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Senior Regulatory Policy Coordinator, Regulatory Policy and Coordination, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231;

(301)851-2103. SUPPLEMENTARY INFORMATION: Background Under the regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-78, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) prohibits or restricts the importation of fruits and vegetables into the United States from certain parts of the world to prevent plant pests from being introduced into or disseminated within the United States. On August 30, 2016, we published in the **Federal Register** (81 FR 59522-59526, Docket No. APHIS-2015-0098) a proposal 1 to amend the regulations to allow the importation of fresh persimmon with calyxes from Japan into the United States under a systems approach that includes requirements for orchard certification, orchard pest control, post-harvest safeguards, fruit culling, traceback, and sampling. 1 To view the proposed rule, pest risk analysis (PRA), risk management document (RMD), and the comments we received, go to *https://www.regulations.gov/docket?D=APHIS-2015-0098.* We solicited comments concerning our proposal for 60 days ending October 31, 2016. We received three comments by that date, from members of the public and the Hawaii Department of Agriculture (HDOA). The comments are discussed below. One commenter requested that we not allow any biological materials into the United States to eliminate the risks associated with exotic plant pests and diseases. Another commenter asked if the demand for persimmon with calyxes was high enough in the United States to justify the risks associated with the importation of the fruit from Japan. The commenter suggested that our resources would be better invested in the domestic production of fresh persimmon fruit. Under the Plant Protection Act (PPA), APHIS' primary charge with regard to international import trade is to identify and manage the phytosanitary risks associated with importing commodities. When we determine that the risk associated with the importation of a commodity can be successfully mitigated, it is our responsibility to make provisions to import that commodity. For the reasons explained in the RMD and the proposed rule, we have determined that the phytosanitary measures required by this rule are sufficient to mitigate the risks associated with the importation of persimmons from Japan. The HDOA requested that fresh persimmon with calyxes from Japan be fumigated with an appropriate and effective chemical prior to importation to mitigate the risks associated with several pests like *Pseudococcus cryptus* and *Scirtothrips dorsalis,* which are two pests associated with Japanese persimmon that are found in certain regions of Hawaii. Alternatively, the HDOA requested that the proposal only apply to the continental United States, keeping in place the prohibition on the importation of persimmon with calyxes from Japan into Hawaii. The PRA rated *P. cryptus* and *S. dorsalis* as having `High' risk for all of the United States (including Hawaii). The risk mitigation measures considered this and concluded that the systems approach was adequate to address the risk associated with the importation of persimmon with calyxes from Japan and, therefore, fumigation is not a necessary mitigation option. As discussed in the RMD, the pest control used for persimmons in Japan will follow the guidelines jointly agreed to by APHIS and the national plant protection organization

(NPPO)of Japan and will include inspections and oversight. These guidelines are mandatory for persimmon producers in Japan who wish to export their persimmons to the United States. As such, we have determined that the systems approach will be effective at mitigating the risk of these quarantine pests following the pathway and being introduced into Hawaii or any other State and that it is not necessary to limit consignments to the continental United States. The HDOA also noted that persimmons in Hawaii are commercially produced and cultivated as a specialty crop, with the fruit retailing locally for higher than the projected price of persimmons from Japan, which could negatively impact Hawaii's persimmon industry. The U.S. Department of Agriculture's weekly records on advertised fruit and vegetable retail prices confirm that retail prices of fresh persimmon sold in Hawaii sharply increase every January, generally from below $2 per pound in December to over $5 per pound in January. However, given Japan's premium export prices and limited export volumes, impacts of the rule on retail prices of fresh persimmon in Hawaii are expected to be minor. The HDOA expressed concern that proposed § 319.56-76(c)(2) does not explain how persimmons produced in accordance with the regulations would be segregated from persimmons that are not produced in accordance with those requirements. Additionally, the HDOA expressed concern that the sanitation practices of packinghouses that process different lots of persimmons are omitted from the requirements. The NPPO of Japan and APHIS will develop an operational workplan that details the activities that the packinghouses will carry out to meet the requirements of the systems approach. The operational workplan will include detailed segregation and sanitation protocols to ensure that all consignments intended for importation into the United States are free from quarantine pests and disease. Therefore, for the reasons discussed in the proposed rule, we are adopting the proposed rule as a final rule without change. Note: In the proposed rule, the system approach for persimmons with calyxes from Japan was designated as § 319.56-76; however, that section has since been utilized. Therefore, the systems approach will be added as § 319.56-79. Executive Orders 12866 and 13771 and Regulatory Flexibility Act This final rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. Further, because this rule is not significant, it does not trigger the requirements of Executive Order 13771. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The analysis is summarized below. Copies of the full analysis are available on the *Regulations.gov* Web site (see footnote 1 in this document for a link to *Regulations.gov* ) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT . Most U.S. persimmon production takes place in California, where 2013 production totaled about 35,700 metric tons

(MT)valued at about $40 million, triple the 2011 level of production. U.S. persimmon imports in 2014 totaled 1,757 MT valued at about $3 million, $2 million of which were imported from Israel and $0.4 million from Spain. The United States is a net exporter of fresh persimmon, with the value of exports totaling about $6 million in 2014. Japan's persimmon acreage and production have been gradually declining over the last decade. A very small percentage of Japan's persimmon (about 0.2 percent of production) was exported in 2014, totaling about 578 MT and valued at $2.4 million, primarily to Southeast Asia. The average export price of fresh persimmon from Japan was $4.13 per kilogram

(KG)in 2014. This price is considerably higher than the average price paid by the United States for fresh persimmon imports, about $1.70 per KG in 2014, and the average farm-gate price for persimmon produced in California, about $1.11 per KG in 2013. The wide price differential between persimmon exported from Japan and persimmon imported or produced by the United States suggests that the competitiveness of persimmon from Japan in the U.S. market will be limited. Japan's Ministry of Agriculture, Forestry and Fisheries expects 30 to 50 MT of fresh persimmons to be exported to the United States in the first year, and the same or additional amounts in following years. This level of imports, valued at about $124,000 to $207,000 based on the average export price of $4.13 per KG in 2014, would have little economic impact on U.S. entities, large or small, all the more so given their likely high price compared to the average price of persimmons imported from elsewhere. The Small Business Administration's

(SBA)small-entity standard for entities involved in fruit farming is $750,000 or less in annual receipts (NAICS 111339). It is probable that most or all U.S. persimmon producers are small businesses by the SBA standard. We expect any impact of the rule for these entities will be minimal, given Japan's expected small share of the U.S. persimmon market. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule allows fresh persimmon with calyxes to be imported into the United States from Japan. State and local laws and regulations regarding persimmon with calyxes imported under this rule will be preempted while the fruit is in foreign commerce. Fresh fruits are generally imported for immediate distribution and sale to the consuming public, and remain in foreign commerce until sold to the ultimate consumer. The question of when foreign commerce ceases in other cases must be addressed on a case-by-case basis. No retroactive effect will be given to this rule, and this rule will not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act In accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the new requirements included in this final rule, which were filed under 0579-0455, have been submitted for approval to the Office of Management and Budget (OMB). When OMB notifies us of its decision, if approval is denied, we will publish a document in the **Federal Register** providing notice of what action we plan to take. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance 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. For information pertinent to E-Government Act compliance related to this rule, please contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at

(301)851-2483. List of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we are amending 7 CFR part 319 as follows: PART 319—FOREIGN QUARANTINE NOTICES 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 2. Section 319.56-79 is added to read as follows: § 319.56-79 Persimmons with calyxes from Japan. Fresh persimmons ( *Diospyros kaki* Thunb.) may be imported into the United States only under the conditions described in this section. These conditions are designed to prevent the introduction of the following quarantine pests: *Adisciso kaki* Yamamoto, a fungus; *Colletotrichum horii* B. Weir & P.R. Johnst, a fungus; *Conogethes puntiferalis* (Guenée), a yellow peach moth; *Crisicoccus matsumotoi* (Siraiwa), a mealybug; *Cryptosporiopsis kaki*

(Hara)Weinlm, a fungus; *Homonopsis illotana* (Kennel), a moth; *Lobesia aeolopa* (Meyrick), a moth; fungi *Mycosphaerella nawae* Hiura & Ikata, *Pestalotia diospyri* Syd. and P. Syd., *Pestalotiopsis acaciae* (Thumen) Yokoyama & Kaneko, *Pestalotiopsis crassiuscula* Steyaert, * Phoma kakivora* Hara, and *Phoma loti* Cooke; *Ponticulothrips diospyrosi* (Haga & Okajima), a thrip; *Pseudococcus cryptus* (Hempel), a mealybug; *Scirtothrips dorsalis* (Hood), a thrip; * Stathmopoda masinissa* (Meyrick), a moth; *Tenuipalpus zhizhilashviliae* (Reck), a mite; and *Thrips coloratus* (Schmutz), a thrip.

(a)*General requirements.*

(1)The national plant protection organization

(NPPO)of Japan must provide an operational workplan to APHIS that details the activities that the NPPO of Japan will, subject to APHIS' approval of the workplan, carry out to meet the requirements of this section. The operational workplan must include and describe the quarantine pest survey intervals and other specific requirements as set forth in this section.

(2)*Commercial consignments.* Persimmons from Japan may be imported in commercial consignments only.

(b)*Places of production requirements.*

(1)All places of production that participate in the export program must be approved by and registered with the Japan NPPO.

(2)The NPPO of Japan must visit and inspect the place of production monthly beginning at blossom drop and continuing until the end of the shipping season for quarantine pests. Appropriate pest controls must be applied in accordance with the operational workplan. If the NPPO of Japan finds that a place of production is not complying with the requirements of this section, no fruit from the place of production will be eligible for export to the United States until APHIS and the NPPO of Japan conduct an investigation and appropriate remedial actions have been implemented.

(3)Harvested fruit must be transported to the packinghouse in containers marked to identify the place of production from which the consignment of fruit originated.

(c)*Packinghouse requirements.*

(1)All packinghouses that participate in the export program must be approved by and registered with the Japanese NPPO.

(2)During the time the packinghouse is in use for exporting persimmons to the United States, the packinghouse may only accept persimmons from registered approved production sites and the fruit must be segregated from fruit intended for other markets.

(3)All damaged or diseased fruit must be culled at the packinghouse.

(4)Boxes or other containers in which the fruit is shipped must be marked to identify the place of production where the fruit originated and the packinghouse where it was packed.

(5)The NPPO of Japan must monitor packinghouse operations to verify that the packinghouses are complying with the requirements of the systems approach. If the NPPO of Japan finds that a packinghouse is not complying with the requirements of this section, no fruit from the packinghouse will be eligible for export to the United States until APHIS and the NPPO of Japan conduct an investigation and appropriate remedial actions have been implemented.

(d)*Sampling.* Inspectors from the NPPO of Japan must inspect a biometric sample of the fruit from each consignment at a rate to be determined by APHIS. The inspectors must visually inspect for quarantine pests listed in the operational workplan required by paragraph

(a)of this section and must cut fruit to inspect for quarantine pests that are internal feeders. If quarantine pests are detected in this inspection, the consignment will be prohibited from export to the United States.

(e)*Phytosanitary certificate.* Each consignment of persimmons must be accompanied by a phytosanitary certificate of inspection issued by the Japan NPPO with an additional declaration stating that the fruit in the consignment were grown, packed, and inspected and found to be free of pests in accordance with the requirements of 7 CFR 319.56-79. (Approved by the Office of Management and Budget under control number 0579-0455) Done in Washington, DC, this 6th day of September 2017. Michael C. Gregoire, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2017-19226 Filed 9-11-17; 8:45 am]

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