Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2018-12-26.xml --- 83 246 Wednesday, December 26, 2018 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66265-66266 2018-27854 Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rates: Kiwifruit Grown in California, 66077-66079 2018-27888 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66237-66238 2018-27826 2018-27830 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau RULES Bump-Stock-Type Devices, 66514-66554 2018-27763 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66240-66241 2018-27849 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Tomatoes From Certain Central American Countries, 66238-66239 2018-27940 Volunteer Service Agreements and Volunteer Service Time and Attendance Record, 66239-66240 2018-27847 Intent To Reestablish a Committee:

National Wildlife Services Advisory Committee, 66239 2018-27943 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66253 2018-27476 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66267-66271 2018-27852 2018-27853 2018-27855 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 66266-66267, 66270 2018-27893 2018-27894 2018-27895 2018-27896 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare Program:

Request for Renewal of Deeming Authority of the Utilization Review Accreditation Commission for Health Maintenance Organizations and Preferred Provider Organizations, 66271-66273 2018-27802 Meetings: Medicare and Medicaid Programs, and Other Program Initiatives, and Priorities; Advisory Panel on Outreach and Education, 66273-66275 2018-27804 Civil Rights Civil Rights Commission NOTICES Meetings: Arkansas Advisory Committee, 66242 2018-27867 Indiana Advisory Committee, 66241 2018-27868 Minnesota Advisory Committee, 66242-66243 2018-27869 Mississippi Advisory Committee, 66241-66242 2018-27842 Coast Guard Coast Guard RULES Drawbridge Operations:

Duwamish Waterway, Seattle, WA, 66131 2018-27831 Safety Zones: Mathai Fireworks, Detroit River, Detroit, MI, 66131-66133 2018-27790 Special Local Regulations: Marine Events in the Coast Guard Sector Detroit Captain of the Port Zone, 66128-66131 2018-27772 NOTICES Recreational Boating Safety Projects, Programs, and Activities Funded Under Provisions of the Fixing America's Surface Transportation Act; Fiscal Year 2018, 66291-66292 2018-27843 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Centers for Independent Living Program Performance Report, 66278-66279 2018-27898 Independent Living Services Program Performance Report, 66275-66276 2018-27900 Inventory of Adult Protective Services Practices and Service Innovations, 66276-66277 2018-27902 Comptroller Comptroller of the Currency PROPOSED RULES Regulatory Capital Treatment for High Volatility Commercial Real Estate Exposures; Correction, 66166-66167 2018-27786 Copyright Office Copyright Office, Library of Congress PROPOSED RULES Simplifying Copyright Registration for Architectural Works, 66182-66184 2018-27866 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of the 2007, 2008, 2009, 2010, and 2011 Digital Audio Recording Technology Royalty Funds for the Sound Recordings Funds, 66312-66313 2018-27797 Defense Department Defense Department See Army Department See Navy Department PROPOSED RULES Federal Acquisition Regulations:

Whistleblower Protection for Contractor Employees, 66223-66228 2018-27493 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66254-66255 2018-27851 Meetings: Vietnam War Commemoration Advisory Committee, 66254 2018-27828 Education Department Education Department PROPOSED RULES Negotiated Rulemaking Committee; Location of Negotiations and Subcommittee Meetings--Accreditation and Innovation, 66181-66182 2018-27761 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: FSA Payment Vehicle Account Program Pilot Institutions, 66257 2018-27813 National Advisory Committee on Institutional Quality and Integrity Membership, 66256-66257 2018-27932 Employment and Training Employment and Training Administration NOTICES Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2019 Adverse Effect Wage Rates for Non-Range Occupations, 66306-66307 2018-28030 Adverse Effect Wage Rate for Range Occupations in 2019, 66307 2018-28031 Energy Department Energy Department See Western Area Power Administration RULES Inflation Adjustment of Civil Monetary Penalties, 66080-66084 2018-27670 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: California; Feather River Air Quality Management District, 66136-66138 2018-27756 North Carolina: NO <sup>X</sup> Rule Revisions, 66133-66136 2018-27747 Authorization of State Hazardous Waste Management Program Revision: Louisiana, 66143-66145 2018-27794 Pesticide Tolerance Exemptions: Chlorate, 66138-66143 2018-27908 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maine; Infrastructure State Implementation Plan Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standards, 66184-66196 2018-27773 Ohio;

Open Burning Rules, 66197-66200 2018-27777 Ohio; Redesignation of the Cleveland Area to Attainment of the 2012 Annual Standard for Fine Particulate Matter, 66200-66209 2018-27746 Ohio; Removal of Obsolete Gasoline Volatility Regulations, 66196-66197 2018-27905 Approval of State Plans for Designated Facilities and Pollutants; Kansas; Sewage Sludge Incineration Units, 66209-66210 2018-27906 Criteria for Municipal Solid Waste Landfills To Address Advances in Liquids Management, 66210-66223 2018-27748 NOTICES Pesticide Experimental Use Permits;

Applications, 66258-66259 2018-27917 Pesticide Product Registrations: Applications for New Active Ingredients, 66259-66260 2018-27911 Applications for New Uses, 66260-66261 2018-27910 Pesticides: Petition Seeking Rulemaking or a Formal Agency Interpretation for Planted Seeds Treated With Systemic Insecticides, 66260 2018-27780 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters (Previously Eurocopter France) Helicopters, 66093-66095 2018-27715 CFM International S.A.

Turbofan Engines, 66090-66093 2018-27920 Zodiac Aero Evacuation Systems (also known as Air Cruisers Company) Airplanes, 66088-66090 2018-27881 Establishment of Class E Airspace: Glen Ullin, ND; Correction, 66095-66096 2018-27563 Special Conditions: Airbus Model A330-200, A330-200F, A330-300 and A330-900 Series Airplanes; Electronic System Security Protection From Unauthorized External Access, 66084-66088 2018-27817 2018-27818 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 66096-66100 2018-27568 2018-27569 PROPOSED RULES Airworthiness Directives:

Pilatus Aircraft Ltd. Airplanes, 66175-66178 2018-27899 Sikorsky Aircraft Corporation Helicopters, 66167-66172 2018-27713 The Boeing Company Airplanes, 66172-66175, 66178-66181 2018-27882 2018-27901 Federal Communications Federal Communications Commission RULES Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, 66146-66148 2018-27833 2018-27834 Cellular Service, Including Changes in Licensing of Unserved Area, 66145-66146 2018-27841 Electronic Delivery of MVPD Communications;

Modernization of Media Regulation Initiative, 66149-66158 2018-27601 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66261-66262 2018-27835 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 66337 2018-27889 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices: Acquisitions of Shares of a Bank or Bank Holding Company, 66262 2018-27904 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Control and Management of Resident Canada Geese, 66294-66296 2018-27891 Endangered and Threatened Species: Capitol Boulevard Infrastructure Improvements Habitat Conservation Plan and Environmental Assessment for the Olympia Subspecies of the Mazama Pocket Gopher, Thurston County, Washington, 66292-66294 2018-27887 Draft Recovery Plan for Franciscan Manzanita, 66297-66298 2018-27825 Proposed Crestmont Farm Safe Harbor Agreement for the Taylor's Checkerspot Butterfly in Benton County, Oregon, 66296-66297 2018-27890 Food and Drug Food and Drug Administration RULES Neurological Devices;

Reclassification of Electroconvulsive Therapy Devices; Effective Date of Requirement for Premarket Approval for Electroconvulsive Therapy Devices for Certain Specified Intended Uses, 66103-66124 2018-27809 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medicated Feed Mill License Application, 66280-66282 2018-27812 Determination of Regulatory Review Period for Purposes of Patent Extension: ADLYXIN, 66279-66280 2018-27805 Modified Risk Tobacco Product Applications for IQOS System With Marlboro Heatsticks, IQOS System With Marlboro Smooth Menthol Heatsticks, and IQOS System With Marlboro Fresh Menthol Heatsticks Submitted by Philip Morris Products S.A.;

Closing of Comment Period, 66282-66283 2018-27807 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations: Whistleblower Protection for Contractor Employees, 66223-66228 2018-27493 NOTICES 2019 Privately Owned Vehicle Mileage Reimbursement Rates; 2019 Standard Mileage Rate for Moving Purposes, 66263-66264 2018-27789 Agency Information Collection Activities; Proposals, Submissions, and Approvals Mentor Protege Program and Subcontracting Plans, 66262-66263 2018-27883 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Construction Contract Administration, 66264-66265 2018-27885 Mentor Protege Program and Preparation, Submission, and Negotiation of Subcontracting Plans, 66263 2018-27884 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See Indian Health Service NOTICES Findings of Research Misconduct, 66283-66284 2018-27874 Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Indian Health Indian Health Service NOTICES Organizations, Functions, and Delegations of Authority, 66284-66291 2018-27793 Institute of Museum and Library Services Institute of Museum and Library Services PROPOSED RULES Freedom of Information Act Regulations and Additional Incidental Technical Amendments to Other IMLS Regulations, 66163-66166 2018-27219 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Advance Notification of Sunset Review; Correction, 66244-66245 2018-27864 Certain Frozen Warmwater Shrimp From India, 66244 2018-27862 Certain New Pneumatic Off-the-Road Tires From the People's Republic of China, 66243 2018-27863 International Trade Com International Trade Commission RULES Rules Relating to the Submission and Consideration of Petitions for Duty Suspensions and Reductions, 66102-66103 2018-27768 NOTICES Investigations; Determinations, Modifications, and Rulings, etc.:

Certain Dental Ceramics, Products Thereof, and Methods of Making the Same, 66303-66304 2018-27815 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau RULES Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the United States and District of Columbia Codes, 66124-66125 2018-27803 Privacy Act; Implementation, 66125-66128 2018-27798 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

National Standards to Prevent, Detect, and Respond to Prison Rape, 66304-66305 2018-27927 Public Safety Officer Medal of Valor, 66305-66306 2018-27916 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Implementation Evaluation of the National Health Emergency Demonstration Grants To Address the Opioid Crisis, New Collection, 66308-66309 2018-27919 National Database of Childcare Costs Submission for Review:

National Database of Childcare Costs, 66309-66310 2018-27861 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66310-66311 2018-27850 Land Land Management Bureau NOTICES Decision Approving Lands for Conveyance: Alaska Native Claims Selection, 66298-66300 2018-27879 2018-27880 Library Library of Congress See Copyright Office, Library of Congress See Copyright Royalty Board NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations:

Whistleblower Protection for Contractor Employees, 66223-66228 2018-27493 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 66313-66314 2018-27782 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services See National Endowment for the Arts National Highway National Highway Traffic Safety Administration RULES Temporary Exemption From Motor Vehicle Safety and Bumper Standards, 66158-66160 2018-27795 PROPOSED RULES Federal Motor Vehicle Safety Standards;

Motor Vehicle Brake Fluids, 66228-66229 2018-27796 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Atlantic Deep-Sea Red Crab Fishery; 2019 Atlantic Deep-Sea Red Crab Specifications, 66161-66162 2018-27871 Atlantic Herring Fishery; 2018 River Herring and Shad Catch Cap Reached for Midwater Trawl Vessels in the Cape Cod Catch Cap Area, 66160 2018-27845 PROPOSED RULES Fisheries of the Northeastern United States:

Atlantic Bluefish Fishery; 2019 Bluefish Specifications, 66234-66236 2018-27878 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66249-66250 2018-27814 Fisheries Off West Coast States: Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2019 Cost Recovery, 66251-66253 2018-27872 Meetings: Gulf of Mexico Fishery Management Council, 66248-66249 2018-27808 New England Fishery Management Council, 66247-66248 2018-27839 2018-27840 Pacific Fishery Management Council, 66247-66248, 66251 2018-27806 2018-27836 2018-27837 South Atlantic Fishery Management Council, 66250 2018-27838 Permit Applications:

Marine Mammals; File No. 22187, 66250-66251 2018-27870 Taking and Importing Marine Mammals: Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area, 66245-66246 2018-27788 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66255 2018-27857 Record of Decision: Hawaiian Islands and Southern California Training and Testing Final Environmental Impact Statement/Overseas Environmental Impact Statement, 66255-66256 2018-27811 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks:

TN Americas LLC, Standardized NUHOMS System, Certificate of Compliance No. 1004, Renewed Amendment No. 15, 66079-66080 2018-27810 NOTICES Guidance: Spent Fuel Heat Generation in an Independent Spent Fuel Storage Installation, 66317-66318 2018-27931 License Amendments; Applications: Florida Power and Light Co., Turkey Point Nuclear Generating Unit Nos. 3 and 4, 66318-66323 2018-27844 License Renewal Applications: Pacific Gas and Electric Co.; Humboldt Bay Independent Spent Fuel Storage Installation;

Renewal of Special Nuclear Materials License, 66314-66316 2018-27832 Meetings: Advisory Committee on Reactor Safeguards, 66316-66317 2018-27846 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Applications: Expansion of Recognition; Curtis-Straus LLC, 66311-66312 2018-27856 Ocean Energy Management Ocean Energy Management Bureau NOTICES Call for Information and Nominations: Outer Continental Shelf, Western, Central, and Eastern Gulf of Mexico, Oil and Gas Lease Sales for Years 2019-2024, 66300-66302 2018-27876 Environmental Impact Statements;

Availability, etc.: Outer Continental Shelf, Gulf of Mexico, Oil and Gas Lease Sales for 2020, 66302-66303 2018-27877 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66323-66325 2018-27914 Securities Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 66100-66101 2018-27827 Modernization of Property Disclosures for Mining Registrants, 66344-66461 2018-26337 NOTICES Joint Industry Plans:

National Market System Plan To Address Extraordinary Market Volatility by Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., et al., 66464-66511 2018-27819 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 66329-66330 2018-27820 Cboe BZX Exchange, Inc., 66328-66329 2018-27816 Nasdaq BX, Inc., 66325-66328 2018-27821 2018-27822 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66330-66334 2018-27767 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Request To Change End User, End Use and/or Destination of Hardware, 66334 2018-27778 Surface Transportation Surface Transportation Board PROPOSED RULES Water Carrier Tariff Filing Procedures, 66229-66234 2018-27913 NOTICES Abandonment Exemption: CSX Transportation, Inc.; Alachua County, FL, 66334-66335 2018-27685 Lease Exemptions With Interchange Commitments: Progressive Rail Inc.; Soo Line Railroad Co, and Dakota, Minnesota and Eastern Railroad Corp., 66335-66336 2018-28027 Railroad Revenue Adequacy—2017 Determination, 66336 2018-27799 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 66336-66337 2018-27928 2018-27929 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration NOTICES Requests for Comments:

V2X Communications, 66338-66340 2018-27785 Treasury Treasury Department See Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Extension of Time for Payment of Tax Due to Undue Hardship, 66340 2018-27783 Labeling and Advertising Requirements Under the Federal Alcohol Administration Act, 66340-66341 2018-27766 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Entry and Manifest of Merchandise Free of Duty, Carrier's Certificate and Release, 66292 2018-27925 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Veterans and Community Oversight and Engagement Board, 66341 2018-27923 Western Western Area Power Administration NOTICES Falcon and Amistad Projects' Rate, 66257-66258 2018-27873 Separate Parts In This Issue Part II Securities and Exchange Commission, 66344-66461 2018-26337 Part III Securities and Exchange Commission, 66464-66511 2018-27819 Part IV Justice Department, Alcohol, Tobacco, Firearms, and Explosives Bureau, 66514-66554 2018-27763 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. 83 246 Wednesday, December 26, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 920 [Doc. No. AMS-SC-18-0060; SC18-920-1 FR] Kiwifruit Grown California; Decreased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule implements a recommendation from the Kiwifruit Administrative Committee (Committee) to decrease the assessment rate established for the 2018-2019 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective January 25, 2019. FOR FURTHER INFORMATION CONTACT: Maria Stobbe, Marketing Specialist, or Terry Vawter, Senior Marketing Specialist, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA;

Telephone:

(559)487-5901, Fax:

(559)487-5906, or Email: *Maria.Stobbe@ams.usda.gov* or *Terry.Vawter@ams.usda.gov.* Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or Email: *Richard.Lower@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This rule is issued under Marketing Agreement and Order No. 920, as amended (7 CFR part 920), regulating the handling of kiwifruit grown in California. Part 920 (referred to as the “Order”) is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Committee locally administers the Order and is comprised of producers of kiwifruit operating within the area of production, and one member of the public. The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Orders 13563 and 13175. This action falls within a category of regulatory actions that the Office of Management and Budget

(OMB)exempted from Executive Order 12866 review. 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). This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, kiwifruit handlers in California are subject to assessments. Funds to administer the Order are derived from such assessments. It is intended that the assessment rate will be applicable to all assessable kiwifruit for the 2018-2019 fiscal period and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act (7 U.S.C. 608c(15)(A)), any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. The Order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers of California kiwifruit, and one member of the public. They are familiar with the Committee's needs and with the costs of goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. This rule decreases the assessment rate for the 2018-2019 and subsequent fiscal periods from $0.040 to $0.025 per 9-kilo volume-fill container or equivalent of kiwifruit handled. The Committee met on July 19, 2018, and unanimously recommended 2018-2019 expenditures of $119,000 and an assessment rate of $0.025 per 9-kilo volume-fill of kiwifruit. In comparison, last year's budgeted expenditures were $114,383. The assessment rate of $.025 is $0.015 lower than the rate currently in effect. The Committee currently has a cash reserve of approximately $52,056. The decreased assessment rate plus the cash reserve are sufficient to fund the 2018-2019 budgeted expenses. The major expenditures recommended by the Committee for 2018-2019 include $80,000 for management services, $29,000 in office expenditures, and $10,000 for research. Budgeted expenses for these items in 2017-2018 were $80,000 for management services, $24,383 in office expenditures, and $10,000 for research. The assessment rate recommended by the Committee was derived by considering anticipated expenses, expected shipments of kiwifruit in the production area, and the level of funds in the authorized reserve. Kiwifruit shipments for the 2018-2019 season are estimated at 4,207,071 9-kilo volume-fill containers, which should provide $105,177 in assessment income (4,207,071 9-kilo volume-fill containers times $0.025 per container equals $105,177). Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, should be adequate to cover budgeted expenses. Funds in the reserve (currently $52,056) will be kept within the maximum permitted by the Order (approximately one fiscal period's expenses). The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee and other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The Committee's budget for subsequent fiscal periods would be reviewed and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act

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

(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. 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. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 140 producers of kiwifruit in the production area and approximately 20 handlers subject to regulation under the Order. Small agricultural producers are defined by the Small Business Administration

(SBA)as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). According to Committee, USDA Market News, and National Agricultural Statics Service

(NASS)data, the average price of kiwifruit for the 2016-2017 season was approximately $0.92 per pound, and the total crop was approximately 9.0 million tray equivalents, or 63 million pounds. Based on the average price and handler-specific annual kiwifruit sales data provided by the Committee, 19 of the 20 handlers have average annual receipts less than $7,500,000. Thus, the majority of kiwifruit handlers may be classified as small business entities. In addition, based on information from the NASS, the average grower price for kiwifruit during the 2016-2017 season was approximately $0.525 cents per pound. The Committee analyzed grower-specific production data and determined that growers with production over 204,081 9-kilo volume-fill containers would be classified as large entities (204,081 9-kilo volume-fill containers times 7 pounds per container times $0.525 per pound equals $749,998). Using the NASS average grower price and the Committee's specific grower production information, at least 130 of 140 producers have annual receipts of less than $750,000. Thus, the majority of the kiwifruit producers may be classified as small entities. This rule decreases the assessment rate collected from handlers for the 2018-2019 and subsequent fiscal periods from $0.040 to $0.025 per 9-kilo volume-fill container of kiwifruit. The Committee unanimously recommended 2018-2019 expenditures of $119,000 and an assessment rate of $0.025 per 9-kilo volume-fill container. The assessment rate of $0.025 is $0.015 lower than the 2017-2018 rate. The quantity of assessable commodity for the 2018-2019 fiscal year is estimated at 4,207,071 9-kilo volume-fill container. Thus, the $0.025 rate should provide $105,177 in assessment income (4,207,071 × $0.025). Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve (currently $52,056), should be adequate to cover budgeted expenses. The major expenditures recommended by the Committee for the 2018-2019 fiscal year include $80,000 for management services, $29,000 in office expenditures, and $10,000 for research. Budgeted expenses for these items in 2017-2018 were $80,000 for management services, $24,383 in office expenditures, and $10,000 for research. The Committee estimates that the funds in the reserve (currently $52,056) would be reduced by $13,303 to ensure the reserve remains within the maximum permitted by the Order (approximately one fiscal period's expenses). Prior to arriving at this budget and assessment rate, the Committee considered various options, such as maintaining the current assessment rate and expenditure levels. Alternative expenditure levels were discussed by the Committee, based upon the relative value of various activities to the kiwifruit industry. The Committee ultimately determined that 2018-2019 expenditures of $119,000 were appropriate, and the recommended $0.025 assessment rate, and the use of $13,303 from the financial reserve, would be sufficient to meet its expenses. A review of historical crop and price information, as well as preliminary information pertaining to the upcoming fiscal period, indicates that the shipping point price for the 2017-2018 season averaged about $17.32 per 9-kilo volume-fill container of California kiwifruit handled. If the 2018-2019 price is similar to the 2017-2018 price, estimated assessment revenue as a percentage of total estimated handler revenue would be 0.14 percent for the 2018-2019 season ($0.025 divided by $17.32 per 9-kilo volume-fill container). This rule decreases the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers and may reduce the burden on producers. This rule will not have a significant economic impact on a substantial number of small entities. The Committee's meeting was widely publicized throughout the production area. All interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the July 19, 2018, meeting was a public meeting, and all entities, both large and small, were able to express views on this issue. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0189, Fruit Crops. No changes in those requirements are necessary as a result of this rule. Should any changes become necessary, they would be submitted to OMB for approval. This rule imposes no additional reporting or recordkeeping requirements on either small or large California kiwifruit handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. A proposed rule concerning this action was published in the **Federal Register** on October 1, 2018 (83 FR 49312). Copies of the proposed rule were provided to all kiwifruit handlers. The proposal was also made available through the internet by USDA and the Office of Federal Register. A 30-day comment period ending October 31, 2018, was provided for interested persons to respond to the proposal. One comment was received regarding the proposed rate change. The commenter questioned the Committee's authority to recommend a reduction in the rate and the potential impact of the rate change on the quality of kiwifruit. As stated in the Act (7 U.S.C. 610(b)(2)(ii)), assessments collected by the Committee are used to cover the costs of administering the program. When the collection of assessments surpasses budget needs and reserve funds are at their maximum, the Committee and USDA are obligated by the Order (§ 920.41 Assessments and § 920.42 Accounting) to adjust the amount of assessment funds collected. This adjustment can be made either by refunding assessments or by reducing the assessment rate. Reducing the assessment rate is less costly and more efficient for both the Committee and handlers. Therefore, to prevent the collection of surplus revenue if the assessment rate were not changed, the authority to reduce the assessment rate is both implied in, and necessary under the Order. Regarding the commenters question about the quality of kiwifruit, the amount of assessments collected are tied to volume of kiwifruit handled, not the quality of the kiwifruit. Therefore, the assessment rate and kiwifruit quality are not directly correlated. The remainder of the comment was related to general information about the kiwifruit marketing order and was outside the scope of this action. Accordingly, no changes will be made to the rule as proposed, based on the comment received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/rules-regulations/moa/small-businesses.* Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 920 Kiwifruit, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 920 is amended as follows: PART 920—KIWIFRUIT GROWN IN CALIFORNIA 1. The authority citation for part 920 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 920.213 is revised to read as follows: § 925.213 Assessment rate. On and after August 1, 2018, an assessment rate of $0.025 per 9-kilo volume-fill container or equivalent of kiwifruit is established for kiwifruit grown in California. Dated: December 19, 2018. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2018-27888 Filed 12-21-18; 8:45 am]

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