Unknown. Final rule

5,132 words·~23 min read·/register/2018/02/14/2018-02884

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-2018-02-14.xml --- 83 31 Wednesday, February 14, 2018 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See National Agricultural Statistics Service See Natural Resources Conservation Service RULES Fees for Official Inspection and Official Weighing Services under the United States Grain Standards Act, 6451-6455 2018-02884 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Importation of Eggplant From Israel, 6507 2018-03084 Centers Disease Centers for Disease Control and Prevention NOTICES Proposed Additions to National Institute for Occupational Safety and Health Hazardous Drug List 2018, etc., 6563-6573 2018-02957 Children Children and Families Administration PROPOSED RULES CLASS Condition of Head Start Designation Renewal System; Withdrawal, 6506 2018-02901 Head Start Designation Renewal System Improvements, 6503-6506 2018-02902 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Home Visiting Career Trajectories, 6574 2018-03093 Office of Refugee Resettlement Cash and Medical Assistance Program Quarterly Report on Expenditures and Obligations, 6573-6574 2018-03091 Civil Rights Civil Rights Commission NOTICES Meetings: Montana Advisory Committee, 6509 2018-03053 Coast Guard Coast Guard NOTICES Meetings: Merchant Mariner Medical Advisory Committee, 6604-6605 2018-02943 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Corporation Corporation for National and Community Service PROPOSED RULES Senior Corps:

Senior Companion Program, Foster Grandparent Program, Retired and Senior Volunteer Program, 6740-6756 2018-01462 Defense Department Defense Department See Navy Department Education Department Education Department RULES Student Assistance General Provisions: Federal Perkins Loan Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, and Teacher Education Assistance for College and Higher Education Grant Program, 6458-6470 2018-03090 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: OSERS Peer Review Data Form, 6536-6537 2018-02971 Quarterly Cumulative Caseload Report, 6535-6536 2018-02970 Survey of Postgraduate Outcomes for Foreign Language and Area Studies Fellowship Program, 6537 2018-02959 Eligibility Designations and Applications for Waiver of Eligibility Requirements: Programs under Parts A and F of Title III of Higher Education Act and Programs under Title V of HEA, 6537-6541 2018-02955 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board, Hanford, 6541 2018-03037 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 6541-6542 2018-03038 Environmental Management Site-Specific Advisory Board, Portsmouth, 6542 2018-03039 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arkansas; Infrastructure State Implementation Plan Requirements for National Ambient Air Quality Standards, 6470-6472 2018-02892 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Kentucky: Removal of Reliance on Reformulated Gasoline in Kentucky Portion of Cincinnati-Hamilton Area, 6496-6503 2018-03078 Texas; Disapproval of Interstate Transport State Implementation Plan Revision for 2006 24-hour Fine Particulate Matter National Ambient Air Quality Standards; Withdrawal, 6503 2018-02893 Texas; Interstate Transport Requirements for 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 6493-6496 2018-02894 Texas;

Revisions to Permitting and Public Participation for Air Quality Permit Applications, 6491-6493 2018-02891 Public Hearings: Response to June 1, 2016, Clean Air Act Petition from Connecticut, 6490-6491 2018-03171 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: GE Aviation Czech s.r.o. Turboprop Engines, 6455-6456 2018-02994 PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 6477-6480 2018-03026 NOTICES Airport Property Disposals:

Manchester-Boston Regional Airport, Manchester, NH, 6672 2018-02942 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6558-6563 2018-02997 2018-02998 2018-02999 2018-03000 2018-03001 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 6563 2018-03166 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Post Disaster Survivor Preparedness Research, 6611-6612 2018-03073 Flood Hazard Determinations; Changes, 6605-6611 2018-03074 2018-03077 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Algonquin Power (Beaver Falls), LLC, 6550-6551 2018-03007 Colorado Interstate Gas Co., LLC, 6553-6554 2018-02962 Consumers Energy Co. and DTE Electric Co., 6542-6544 2018-03010 Gulf South Pipeline Co., LP, 6547-6548 2018-03006 Kenai Hydro, LLC, 6544 2018-03011 Changes to Filing Instructions:

Transparency Provisions of Section 23 of Natural Gas Act, 6552 2018-02966 Combined Filings, 6545, 6547-6549, 6552-6553 2018-03020 2018-03021 2018-03066 2018-03067 Environmental Assessments; Availability, etc.: Questar Southern Trail Pipeline Co., Navajo Tribal Utility Authority Southern Trail Pipeline Abandonment Project, 6555-6557 2018-03005 Environmental Reviews: East Cheyenne Gas Storage, LLC; Lewis Creek Amendment, 6554-6555 2018-03012 Filings: ISO New England Inc., 6547 2018-03009 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Carlsbad Energy Center, LLC, 6551 2018-03023 ColGreen North Shore, LLC, 6553 2018-03024 License Applications: EONY Generation, Ltd., 6549-6550 2018-03008 Meetings: American Electric Power Service Corp. v. Midcontinent Independent System Operator, Inc., et al.; Conference Call, 6544-6545 2018-02963 Permit Applications: BM Energy Park, LLC, 6545-6546 2018-02960 Petitions for Declaratory Orders: Tristate NLA, LLC, 6546-6547 2018-03022 Requests Under Blanket Authorizations: Columbia Gas Transmission, LLC, 6551-6552 2018-02961 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers;

Exemption Applications: National Electrical Contractors Association, 6680-6681 2018-03063 Parts and Accessories Necessary for Safe Operation, Lamps and Reflective Devices; Exemption Applications: STEMCO LP, 6718-6722 2018-03033 Qualification of Drivers; Exemption Applications: Diabetes, 6692-6694, 6697-6698, 6712-6716, 6722-6724 2018-03030 2018-03032 2018-03047 2018-03056 2018-03069 Diabetes Mellitus, 6674-6680, 6685-6692, 6700-6701, 6704-6712, 6725-6729 2018-03031 2018-03046 2018-03055 2018-03057 2018-03059 2018-03068 Epilepsy and Seizure Disorders, 6716-6718, 6729-6730 2018-03058 2018-03065 Hearing, 6673-6674, 6698-6699, 6701-6704 2018-03035 2018-03044 2018-03045 2018-03070 Vision, 6681-6685, 6694-6697, 6724-6725 2018-03034 2018-03054 2018-03064 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 6563 2018-03082 Food and Drug Food and Drug Administration PROPOSED RULES Postmarketing Safety Reports for Approved New Animal Drugs; Electronic Submission Requirements, 6480-6490 2018-02757 NOTICES Determinations of Regulatory Review Periods for Purposes of Patent Extensions: BELEODAQ, 6576-6577 2018-03041 IBRANCE, 6581-6582 2018-03029 JARDIANCE, 6583-6585 2018-02992 JUVEDERM VOLUMA XC, 6574-6576 2018-03017 KERYDIN, 6579-6581 2018-02993 OSURNIA, 6577-6579 2018-02991 Meetings:

Utilizing Innovative Statistical Methods and Trial Designs in Rare Disease Settings; Public Workshop, 6582-6583 2018-02990 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 6615 2018-03189 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Volkswagen Group of America, LLC, Foreign-Trade Zone 134, Chattanooga, TN, 6510 2018-03051 Subzone Applications: Orgill, Inc., Foreign-Trade Zone 102, St. Louis, MO, 6510 2018-03049 SDI USA, LLC, Foreign-Trade Zone 76, Bridgeport, CT, 6510 2018-03050 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 Indian Health Service See National Institutes of Health NOTICES Privacy Act;

Systems of Records, 6587-6600 2018-02933 2018-03014 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Professions Student Loan Program and Nursing Student Loan Program Administrative Requirements, 6585-6587 2018-02958 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Indian Affairs Indian Affairs Bureau NOTICES Application Deadline:

Tribal Self-Governance Program in Fiscal Year 2019 or Calendar Year 2019, 6612 2018-03075 Indian Gaming: Extension of Tribal-State Class III Gaming Compact (Rosebud Sioux Tribe and State of South Dakota), 6613 2018-03072 Proclaiming Certain Lands as Reservations: Nottawaseppi Huron Band of Potawatomi, 6612-6613 2018-03076 Indian Health Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Indian Health Service Information Security Ticketing and Incident Reporting, 6600-6601 2018-03018 Indian Health Service Loan Repayment Program, 6601-6602 2018-03019 Industry Industry and Security Bureau NOTICES Denials of Export Privileges:

Justin Gage Jangraw, 6510-6511 2018-03071 Interior Interior Department See Indian Affairs Bureau NOTICES Meetings: Royalty Policy Committee, 6613 2018-02939 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pasta from Turkey, 6516-6518 2018-02899 Oil Country Tubular Goods from Republic of Turkey, 6511-6513 2018-02898 Wooden Bedroom Furniture from the People's Republic of China, 6515-6516 2018-02896 Xanthan Gum from the People's Republic of China, 6513-6515 2018-02915 International Trade Com International Trade Commission NOTICES Complaints:

Certain Digital Video Receivers and Related Hardware and Software Components, 6613-6614 2018-03092 Justice Department Justice Department See Foreign Claims Settlement Commission National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6508-6509 2018-02940 National Council National Council on Disability NOTICES Meetings; Sunshine Act, 6615 2018-03196 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6615-6616 2018-02941 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reports, Forms, and Record Keeping Requirements, 6730-6731 2018-03028 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 6603-6604 2018-02948 National Heart, Lung, and Blood Institute, 6602 2018-02949 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 6603 2018-02950 2018-02951 National Institute of General Medical Sciences, 6602-6603 2018-02952 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Pacific Cod in Bering Sea Subarea of Bering Sea and Aleutian Islands Management Area, 6473-6474 2018-03087 Fisheries Off West Coast States: Coastal Pelagic Species Fisheries; Amendment 16 to the Coastal Pelagic Species Fishery Management Plan, 6472-6473 2018-03040 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6518 2018-02947 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Documentation of Fish Harvest, 6520-6521 2018-02946 Meetings:

Advisory Committee to United States Delegation to International Commission for Conservation of Atlantic Tunas, 6520 2018-03081 Fisheries of South Atlantic; Southeast Data, Assessment, and Review, 6521-6522 2018-03015 Hydrographic Services Review Panel, 6518-6519 2018-02968 Mid-Atlantic Fishery Management Council, 6522 2018-03016 Requests for Nominations: Hydrographic Services Review Panel, 6519-6520 2018-02969 Takes of Marine Mammals Incidental to Specified Activities: U.S. Navy 2018 Ice Exercise Activities in Beaufort Sea and Arctic Ocean, 6522-6532 2018-03080 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6616-6619 2018-03002 National Resources Natural Resources Conservation Service NOTICES Deauthorization of Federal Funding: South Branch Potomac River Subwatershed of Potomac River Watershed, Highland County, VA, and Pendleton and Grant Counties, WV, 6509 2018-02944 Navy Navy Department RULES Certifications and Exemptions under International Regulations for Preventing Collisions at Sea, 6458 C1--2018--02554 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6535 2018-03062 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Disposal of Greater-than-Class C and Transuranic Waste: Public Meeting, 6475-6477 2018-03085 NOTICES License Amendment Applications: Florida Power and Light Co., St. Lucie Plant, Unit Nos. 1 and 2, 6621-6624 2018-03003 Very Low-Level Radioactive Waste Scoping Study, 6619-6621 2018-03083 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Medal of Technology and Innovation Nomination Application, 6534-6535 2018-02989 Patent Prosecution Highway Program, 6532-6533 2018-02988 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Competitive Postal Products, 6758-6788 2018-02932 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 6664-6665 2018-02975 Cboe C2 Exchange, Inc., 6650-6651 2018-02980 Cboe Exchange, Inc., 6662-6663 2018-02979 Depository Trust Co., 6624-6627, 6629-6630, 6639-6646, 6653-6654 2018-02977 2018-02978 2018-02982 2018-02983 2018-02984 Fixed Income Clearing Corp., 6654-6660 2018-02985 ICE Clear Europe, Ltd., 6660-6662 2018-02974 Miami International Securities Exchange, LLC, 6630-6633 2018-02986 Nasdaq ISE, LLC, 6626 2018-02981 National Securities Clearing Corp., 6633-6639 2018-02987 NYSE Arca, Inc., 6627-6629 2018-02976 Options Clearing Corp., 6646-6653 2018-02972 2018-02973 Small Business Small Business Administration NOTICES Surrender of Licenses of Small Business Investment Companies:

Eagle Fund I, LP, 6666 2018-03088 First New England Capital, LP, 6665 2018-03089 Social Social Security Administration NOTICES Privacy Act; Matching Programs, 6666-6667 2018-02956 State Department State Department RULES International Traffic in Arms: South Sudan, 6457-6458 2018-02995 NOTICES Meetings: United States-Morocco Free Trade Agreement Environment Chapter Implementation, Working Group on Environmental Cooperation, and Public Session, 6667-6668 2018-03117 Tennessee Tennessee Valley Authority NOTICES Environmental Impact Statements;

Availability, etc.:, 6668-6669 2018-03027 Meetings; Sunshine Act, 6669-6670 2018-03138 Trade Representative Trade Representative, Office of United States NOTICES Procedures to Consider Additional Requests for Exclusion of Particular Products from Solar Products Safeguard Measure, 6670-6672 2018-03048 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Treasury Treasury Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6732-6737 2018-02954 2018-03052 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Terrorism Risk Insurance Program, 6731-6732 2018-03086 Separate Parts In This Issue Part II Corporation for National and Community Service, 6740-6756 2018-01462 Part III Postal Regulatory Commission, 6758-6788 2018-02932 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. 83 31 Wednesday, February 14, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE 7 CFR Part 800 Fees for Official Inspection and Official Weighing Services Under the United States Grain Standards Act (USGSA) AGENCY: Agricultural Marketing Service, GIPSA, USDA.

ACTION: Final rule. SUMMARY: USDA, on behalf of the Agricultural Marketing Service

(AMS)is announcing the fee schedule for official inspection and weighing services performed under the United States Grain Standards Act (USGSA), as amended, in order to comply with FGIS regulations and the Agriculture Reauthorizations Act of 2015, and publishing the annual review of Schedule A fees calculation and the resulting fees that went into effect on January 1, 2018. DATES: Effective February 14, 2018. ADDRESSES: Submit comments or notice of intent to submit comments by any of the following methods: • *Postal Mail:* Please send your comment addressed to Kendra Kline, AMS, USDA, 1400 Independence Avenue SW, Room 2043-S, Washington, DC 20250-3614. • *Hand Delivery or Courier:* Kendra Kline, AMS, USDA, 1400 Independence Avenue SW, Room 2043-S, Washington, DC 20250-3614. • *Internet:* Go to *http://www.regulations.gov.* Follow the on-line instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Denise Ruggles, FGIS Executive Program Analyst, USDA AMS; Telephone:

(816)659-8406; Email: *Denise.M.Ruggles@ams.usda.gov.* SUPPLEMENTARY INFORMATION: USGSA authorizes the Secretary of Agriculture to provide official grain inspection and weighing services and to charge and collect reasonable fees for performing these services. The fees collected are to cover, as nearly as practicable, costs for performing these services, including associated administrative and supervisory costs. The fees are in the regulations at 7 CFR 800.71. On December 30, 2016, Grain Inspection, Packers and Stockyards Administration (GIPSA) published in the **Federal Register** (81 FR 96339) a final rule amending 7 CFR 800.71 in accordance with the Reauthorizations Act of 2015, which requires Federal Grain Inspection Service

(FGIS)to conduct an annual review of the fees and operating reserve for the purposes of the annual adjustment of the fees. GIPSA/AMS Merger The Secretary delegated to the Under Secretary for Marketing and Regulatory Programs

(MRP)authorities “related to grain inspection, packers and stockyards.” 7 CFR 2.22(a)(3)(i)-(vi). In 7 CFR 2.81, the Under Secretary for MRP further delegated these authorities to the Administrator of GIPSA. In a November 14, 2017 Secretary's Memorandum, the Secretary directed that the authorities at 7 CFR 2.81 be re-delegated to the Administrator of AMS, and that the delegations to the Administrator of GIPSA be revoked. The delegations to the Under Secretary of MRP related to grain inspection, packers and stockyards at 7 CFR 2.22(a)(3) remain unchanged. As part of the reorganization, GIPSA (and FGIS) were merged into AMS. Exemption From Notice and Comment In publishing this final rule, we are dispensing with the usual notice of proposed rulemaking and public comment procedures contained in 5 U.S.C. 553. We have determined that, under 5 U.S.C. 553(b)(3)(B), good cause exists for dispensing with the notice of proposed rulemaking and public comment procedures for this rule. Specifically the rulemaking comports with and is consistent with the statutory adjustment of fees in section 7 of the USGSA (7 U.S.C. 79(j)) and the regulations at 7 CFR 800.71 with no issue of policy discretion. Accordingly, we have determined that opportunity for prior comment is unnecessary and contrary to the public interest, and we are issuing this revised regulation as a final rule that will apply to all national tonnage fees, local tonnage fees, and fees for service in 2018. Fee Calculations The regulations require FGIS annually review the national tonnage fees, local tonnage fees, and fees for service. After calculating the tonnage fees according to the regulatory formula in section 800.71(b)(1), FGIS then reviews the amount of funds in the operating reserve at the end of the fiscal year (FY2017 in this case) to ensure that it has 4 1/2 months of operating expenses as required by section 800.71(b)(2) of the regulations. If the operating reserve has more, or less than 4 1/2 months of operating expenses, then FGIS must adjust all Schedule A fees. For each $1,000,000, rounded down, that the operating reserve varies from the target of 4 1/2 months, FGIS will adjust all Schedule A fees by 2 percent. If the operating reserve exceeds the target, all Schedule A fees will be reduced. If the operating reserve does not meet target, all Schedule A fees will be increased. The maximum annual increase or decrease in fees is 5 percent (7 CFR 800.71(b)(2)(i)-(ii)).

(a)Tonnage fees for the 5-year rolling average tonnage were calculated on the previous 5 fiscal years 2013, 2014, 2015, 2016 and 2017. Tonnage fees consist of the national tonnage fee and local tonnage fee and are calculated and rounded to the nearest $0.001 per metric ton. The tonnage fees are calculated as following:

(1)*National tonnage fee.* The national tonnage fee is the national program administrative costs for the previous fiscal year divided by the average yearly tons of export grain officially inspected and/or weighed by delegated States and designated agencies, excluding land carrier shipments to Canada and Mexico, and outbound grain officially inspected and/or weighed by FGIS during the previous 5 fiscal years. ER14FE18.012 Fiscal year Metric tons 2013* 81,207,695 2014 117,560,767 2015 118,758,937 2016 122,330,979 2017 135,017,935 5-year Rolling Average 114,975,263 * To provide uniformity in the 5-year Rolling Average calculation, fiscal year 2013 include tons of export grain officially inspected and/or weighed by delegated States and designated agencies prior to the implementation of the fee assessment in the **Federal Register** (78 FR 22151), effective May 1, 2013. The national program administrative costs for fiscal year 2017 were $6,906,527. The fiscal year 2018 national tonnage fee, prior to the operating reserve review, is calculated to be at $0.060 per metric ton.

(2)*Local tonnage fee.* The local tonnage fee is the field office administrative costs for the previous fiscal year divided by the average yearly tons of outbound grain officially inspected and/or weighed by the field office during the previous 5 fiscal years. ER14FE18.013 The field offices fiscal year tons for the previous 5 fiscal years and calculated 5-year rolling average are as follows: Field office FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 5-year Rolling Average New Orleans 42,399,760 62,862,914 65,244,517 66,077,535 70,439,862 61,404,918 League City 10,418,686 12,623,510 12,474,343 12,581,236 13,307,780 12,281,111 Portland 3,953,500 6,065,934 4,111,533 4,645,754 5,175,459 4,790,436 Toledo 1,329,718 1,802,339 2,484,604 2,030,506 2,229,920 1,975,417 The local field office administrative costs for fiscal year 2017 and the fiscal year 2018 calculated local field office tonnage fee, prior to the operating reserve review, are as follows: Field office FY 2017 Local administrative costs Calculated FY 2018 local tonnage fee New Orleans $1,722,327 $0.028 League City 800,539 0.065 Portland 409,115 0.085 Toledo 349,374 0.177

(3)*Operating reserve.* In order to maintain an operating reserve not less than 3 and not more than 6 months, FGIS reviewed the value of the operating reserve at the end of FY2017 to ensure that an operating reserve of 4 1/2 months is maintained. The program operating reserve at the end of fiscal year 2017 was $23,546,619 with a monthly operating expense of $3,340,024. The target of 4.5 months of operating reserve is $15,030,108 therefore the operating reserve is greater than 4.5 times the monthly operating expenses by $8,516,511. For each $1,000,000, rounded down, above the target level, all Schedule A fees must be reduced by 2 percent. The operating reserve is $8.5 million above the target level resulting in a calculated 16 percent reduction. As required by 800.71(b)(2)(ii), the reduction is limited to 5 percent. Therefore, FGIS is reducing all Schedule A fees for service in Schedule A in paragraph (a)(1) by the maximum 5 percent. All Schedule A fees for service are rounded to the nearest $0.10, except for fees based on tonnage or hundredweight. Executive Orders 12866 and 13563 The Office of Management and Budget

(OMB)has reviewed this regulatory action in accordance with the provisions of Executive Order 12866, Regulatory Planning and Review, and has determined that it does not meet the criteria for significant regulatory action. 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 “Guidance Implementing Executive Order 13771, Titled “Reducing Regulation and Controlling Regulatory Costs”” (April 5, 2017). Regulatory Flexibility Act Since grain export volume can vary significantly from year to year, estimating the total impact in any single year can be difficult. AMS recognizes, however, that the industry needs predictable inspection and weighing fees. The regulations at 7 CFR 800.71(b) set an annual cap of 5 percent for increases or decreases in inspection and weighing fees, and the increases and decreases are fixed according the statutory requirements of the Agriculture Reauthorization Act of 2015. This rulemaking is unlikely to have an annual effect of $100 million or more or adversely affect a significant number of small entities. The provisions of the Regulatory Flexibility Act relating to an initial and final regulatory flexibility analysis (5 U.S.C. 603, 604) are not applicable to this final rule because USDA was not required to publish notice of proposed rulemaking under 5 U.S.C. 553 or any other law. Accordingly, a regulatory flexibility analysis is not required. Paperwork Reduction Act This final rule imposes no new reporting or recordkeeping requirements necessitating clearance by OMB. List of Subjects in 7 CFR Part 800 Administrative practice and procedure, Exports, Grains, Reporting and recordkeeping requirements. For the reasons set out in the preamble, USDA amends 7 CFR part 800 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. Section 800.71(a)(1) is amended by revising Tables 1, 2, and 3 of Schedule A to read as follows: § 800.71 Fees assessed by the Service.

(a)* * *

(1)* * * Table 1 of Schedule A—Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory 1 Monday to Friday (6 a.m. to 6 p.m.) Monday to Friday (6 p.m. to 6 a.m.) Saturday, Sunday, and overtime 2 Holidays

(i)Inspection and Weighing Services Hourly Rates (per service representative): 1-year contract ($ per hour) $36.30 $38.00 $43.50 $64.40 Noncontract ($ per hour) 64.40 64.40 64.40 64.40

(ii)Additional Tests (cost per test, assessed in addition to the hourly rate): 3

(A)Aflatoxin (rapid test kit method) 10.30

(B)Aflatoxin (rapid test kit method-applicant provides kit) 4 8.50

(C)All other Mycotoxins (rapid test kit method) 18.80

(D)All other Mycotoxins (rapid test kit method-applicant provides kit) 4 17.00

(E)NIR or NMR Analysis (protein, oil, starch, etc.) 2.50

(F)Waxy corn (per test) 2.50

(G)Fees for other tests not listed above will be based on the lowest noncontract hourly rate

(H)Other services ( *1* ) Class Y Weighing (per carrier): ( *i* ) Truck/container 0.70 ( *ii* ) Railcar 1.50 ( *iii* ) Barge 2.80

(iii)Tonnage Fee (assessed in addition to all other applicable fees, only one tonnage fee will be assessed when inspection and weighing services are performed on the same carrier):

(A)All outbound carriers serviced by the specific Field Office (per-metric ton): ( *1* ) League City 0.119 ( *2* ) New Orleans 0.084 ( *3* ) Portland 0.138 ( *4* ) Toledo 0.225 ( *5* ) Delegated States 5 0.057 ( *6* ) Designated Agencies 5 0.057 1 Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a). 2 Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing. 3 Appeal and re-inspection services will be assessed the same fee as the original inspection service. 4 Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer. 5 Tonnage fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to Canada and Mexico. Table 2 of Schedule A—Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory 1 2

(i)Original Inspection and Weighing (Class X) Services:

(A)Sampling only (use hourly rates from Table 1 of this section)

(B)Stationary lots (sampling, grade/factor, & check loading): ( *1* ) Truck/trailer/container (per carrier) $20.30 ( *2* ) Railcar (per carrier) 30.00 ( *3* ) Barge (per carrier) 188.70 ( *4* ) Sacked grain (per hour per service representative plus an administrative fee per hundredweight)

(CWT)0.07

(C)Lots sampled online during loading (sampling charge under (1)(i) of this table, plus): ( *1* ) Truck/trailer container (per carrier) 12.20 ( *2* ) Railcar (per carrier) 25.40 ( *3* ) Barge (per carrier) 129.10 ( *4* ) Sacked grain (per hour per service representative plus an administrative fee per hundredweight)

(CWT)0.07

(D)Other services: ( *1* ) Submitted sample (per sample—grade and factor) 12.20 ( *2* ) Warehouseman inspection (per sample) 21.30 ( *3* ) Factor only (per factor—maximum 2 factors) 6.00 ( *4* ) Check loading/condition examination (use hourly rates from Table 1 of this section, plus an administrative fee per hundredweight if not previously assessed)

(CWT)0.07 ( *5* ) Re-inspection (grade and factor only. Sampling service additional, item (1)(i) of this table) 13.20 ( *6* ) Class X Weighing (per hour per service representative) 64.40

(E)Additional tests (excludes sampling): ( *1* ) Aflatoxin (rapid test kit method) 30.30 ( *2* ) Aflatoxin (rapid test kit method—applicant provides kit) 3 28.50 ( *3* ) All other Mycotoxins (rapid test kit method) 39.00 ( *4* ) All other Mycotoxins (rapid test kit method—applicant provides kit) 3 37.10 ( *5* ) NIR or NMR Analysis (protein, oil, starch, etc.) 10.30 ( *6* ) Waxy corn (per test) 10.30 ( *7* ) Canola (per test-00 dip test) 10.30 ( *8* ) Pesticide Residue Testing: 4 ( *i* ) Routine Compounds (per sample) 217.50 ( *ii* ) Special Compounds (Subject to availability) 115.90 ( *9* ) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1 of this section

(ii)Appeal inspection and review of weighing service: 5

(A)Board Appeals and Appeals (grade and factor) 82.60 ( *1* ) Factor only (per factor—max 2 factors) 43.50 ( *2* ) Sampling service for Appeals additional (hourly rates from Table 1 of this section)

(B)Additional tests (assessed in addition to all other applicable tests): ( *1* ) Aflatoxin (rapid test kit method) 30.30 ( *2* ) Aflatoxin (rapid test kit method—applicant provides kit) 3 28.30 ( *3* ) All other Mycotoxins (rapid test kit method) 47.50 ( *4* ) All other Mycotoxins (rapid test kit method—applicant provides kit) 3 45.70 ( *5* ) NIR or NMR Analysis (protein, oil, starch, etc.) 17.90 ( *6* ) Sunflower oil (per test) 17.90 ( *7* ) Mycotoxin (per test-HPLC) 141.90 ( *8* ) Pesticide Residue Testing: 4 ( *i* ) Routine Compounds (per sample) 217.50 ( *ii* ) Special Compounds (Subject to availability) 115.90 ( *9* ) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1 of this section

(C)Review of weighing (per hour per service representative) 83.30

(iii)Stowage examination (service-on-request): 4

(A)Ship (per stowage space) (minimum $257.50 per ship) 51.50

(B)Subsequent ship examinations (same as original) (minimum $154.50 per ship) 51.50

(C)Barge (per examination) 41.30

(D)All other carriers (per examination) 16.20 1 Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a). 2 An additional charge will be assessed when the revenue from the services in Schedule A, Table 2, does not cover what would have been collected at the applicable hourly rate as provided in § 800.72(b). 3 Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer. 4 If performed outside of normal business, 1 1/2 times the applicable unit fee will be charged. 5 If, at the request of the Service, a file sample is located and forwarded by the Agency, the Agency may, upon request, be reimbursed at the rate of $3.50 per sample by the Service. Table 3 of Schedule A—Miscellaneous Services 1

(i)Grain grading seminars (per hour per service representative) 2 $64.40

(ii)Certification of diverter-type mechanical samplers (per hour per service representative) 2 64.40

(iii)Special weighing services (per hour per service representative): 2

(A)Scale testing and certification 83.90

(B)Scale testing and certification of railroad track scales 83.90

(C)Evaluation of weighing and material handling systems 83.90

(D)NTEP Prototype evaluation (other than Railroad Track Scales) 83.90

(E)NTEP Prototype evaluation of Railroad Track Scale 83.90

(F)Use of FGIS railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.) 502.90

(G)Mass standards calibration and re-verification 83.90

(H)Special projects 83.90

(iv)Foreign travel (hourly fee) 3 83.90

(v)Online customized data service:

(A)One data file per week for 1 year 502.90

(B)One data file per month for 1 year 301.80

(v)Samples provided to interested parties (per sample) 3.10

(vi)Divided-lot certificates (per certificate) 2.00

(vii)Extra copies of certificates (per certificate) 2.00

(viii)Faxing (per page) 2.00

(ix)Special mailing Actual Cost

(x)Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1). 1 Any requested service that is not listed will be performed at $64.40 per hour. 2 Regular business hours—Monday through Friday—service provided at other than regular business hours will be charged at 1- 1/2 times the applicable hourly rate. (See the definition of “business day” in § 800.0(b)) 3 Foreign travel charged hourly fee of $83.90 plus travel, per diem, and related expenditures. Dated: February 8, 2018. Greg Ibach, Under Secretary, Marketing and Regulatory Programs. [FR Doc. 2018-02884 Filed 2-13-18; 8:45 am]

Connectionstraces to 4

Traces to 4 documents

U.S. Code