Unknown. Final rule

4,257 words·~19 min read·/register/2019/02/20/2019-02775

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--- schema: federal-register doc_type: fedreg source_file: FR-2019-02-20.xml --- 84 34 Wednesday, February 20, 2019 Contents Agricultural Marketing Agricultural Marketing Service RULES Processed Raspberry Promotion, Research, and Information Order; Termination of Assessments, 4951-4953 2019-02775 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5046-5047 2019-02700 Agriculture Agriculture Department See Agricultural Marketing Service See Natural Resources Conservation Service See The U.S.

Codex Office AIRFORCE Air Force Department NOTICES Intent to Grant a Partially Exclusive Patent License, 5058 2019-02749 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5058-5059 2019-02811 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency RULES Loans in Areas Having Special Flood Hazards, 4953-4975 2019-02650 Defense Department Defense Department See Air Force Department See Army Department See Engineers Corps See Navy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5060-5061 2019-02821 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of Export Offers, 5084 2019-02779 Meetings: Defense Advisory Committee on Military Personnel Testing, 5061-5062 2019-02820 Defense Science Board, 5060, 5062 2019-02810 2019-02808 Military Family Readiness Council, 5059 2019-02818 Drug Drug Enforcement Administration NOTICES Importer of Controlled Substances Application: Curium US, LLC, 5106-5107 2019-02876 Energy Department Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5064 2019-02802 Application to Export Electric Energy: Brookfield Energy Marketing Inc., 5067-5068 2019-02800 Emera Energy Services Subsidiary No. 6, LLC, 5066 2019-02801 Emera Energy Services Subsidiary No. 7, LLC, 5069-5070 2019-02789 Emera Energy Services Subsidiary No. 8, LLC, 5069 2019-02790 Emera Energy Services, Inc., 5064-5065 2019-02792 Emera Energy U.S. Subsidiary No. 1, Inc., 5067 2019-02791 Meetings: Advanced Scientific Computing Advisory Committee, 5063-5064 2019-02796 DOE/NSF Nuclear Science Advisory Committee, 5065-5066 2019-02799 Environmental Management Site-Specific Advisory Board, Savannah River Site, 5066-5067 2019-02797 Nuclear Energy Advisory Committee, 5070 2019-02798 Requests for Information:

Efficient and Flexible Building Loads, 5068-5069 2019-02804 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: New Jersey Back Bay Coastal Storm Risk Management Feasibility Study; Withdrawal, 5062-5063 2019-02803 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maryland; Reasonably Available Control Technology State Implementation Plan Under the 2008 Ozone National Ambient Air Quality Standard, 5004-5008 2019-01881 OR:

Lane County Outdoor Burning and Enforcement Procedure Rules, 5000-5004 2019-02545 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Massachusetts; Infrastructure State Implementation Plan Requirements for the 2012 PM <sup>2.5</sup> NAAQS; Transport Provisions for the 1997, 2006, and 2012 PM <sup>2.5</sup> NAAQS, 5020-5032 2019-02658 Nebraska; Adoption of the 2015 Ozone Standard and Revisions to Definitions, 5032-5035 2019-02832 Farm Credit Farm Credit Administration RULES Loans in Areas Having Special Flood Hazards, 4953-4975 2019-02650 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Zodiac Aerotechnics Oxygen Mask Regulators, 4987-4991 2019-02748 Amendment of Class D Airspace and Class E Airspace: Schenectady, NY, Ithaca, NY, and Albany, NY, 4991-4993 2019-02687 Amendment of Class E Airspace: Corry, PA, 4993-4994 2019-02688 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 4994-4998 2019-02678 2019-02679 PROPOSED RULES Amendment of Class E Airspace: Alpine, TX, 5016-5017 2019-02676 Connersville and Richmond, IN, 5014-5016 2019-02690 Hamilton, OH, 5019-5020 2019-02689 Sibley, IA, 5017-5018 2019-02677 NOTICES Land Release Request:

Trenton-Mercer Airport, Ewing, NJ, 5180-5181 2019-02838 Federal Communications Federal Communications Commission RULES Petitions for Declaratory Ruling on Regulatory Status of Wireless Messaging Service, 5008-5013 2019-02762 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5080-5083 2019-02776 2019-02777 Charter Renewals: Disability Advisory Committee, 5079-5080 2019-02780 Meetings: Seventh Meeting of the World Radiocommunication Conference Advisory Committee, 5079 2019-02755 Federal Deposit Federal Deposit Insurance Corporation RULES Loans in Areas Having Special Flood Hazards, 4953-4975 2019-02650 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 5083 2019-02880 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5076-5077 2019-02713 Application: Moon Lake Electric Association, Inc., 5072-5073 2019-02710 Applications: City of Nashua, NH, 5072 2019-02709 Duke Energy Carolinas, LLC, 5074 2019-02703 Erie Boulevard Hydropower, L.P., 5075 2019-02706 FirstLight Hydro Generating Co.; FirstLight CT Housatonic, LLC, 5076 2019-02712 FirstLight Hydro Generating Co.;

FirstLight CT Hydro, LLC, 5077 2019-02715 FirstLight Hydro Generating Co.; FirstLight MA Hydro, LLC, 5078 2019-02707 FirstLight Hydro Generating Co.; Northfield Mountain LLC, 5078 2019-02702 Hawks Nest Hydro, LLC, 5078-5079 2019-02708 Utah Board of Water Resources, 5071 2019-02716 Authorization for Continued Project Operation: City of Holyoke Gas and Electric Department; Holyoke No.1 Hydroelectric Project, 5074-5075 2019-02826 KEI (Maine) Power Management

(III)LLC; Barker's Mill Hydroelectric Project, 5073-5074 2019-02828 Moon Lake Electric Association, Inc.; Uintah Hydroelectric Project, 5077 2019-02827 Environmental Impact Statements; Availability, etc.: Kenai Hydro, LLC, 5076 2019-02704 Transcontinental Gas Pipe Line Company, LLC, 5078 2019-02830 Turlock Irrigation District, Modesto Irrigation District; Don Pedro and La Grange Projects, 5074 2019-02714 Filing: National Fuel Gas Supply Corp., 5077-5078 2019-02717 Hydroelectric Application: Consumers Energy Co., 5071-5072 2019-02719 Hawks Nest Hydro, LLC; Hawks Nest Hydroelectric Project; Extension of Comment Period, 5075 2019-02705 License Application; Transfer: Brookfield Smoky Mountain Hydropower LLC, Brookfield Smoky Mountain Hydropower LP; Extension of Comment Period, 5075 2019-02711 License Applications; Amendments: Duke Energy Progress, LLC, 5075 2019-02831 Permit Applications: Cat Creek Energy, LLC, 5073 2019-02829 Petition for Limited Waiver: City Utilities of Springfield, MO, 5071 2019-02718 Federal Housing Finance Agency Federal Housing Finance Agency RULES Federal Home Loan Bank Capital Requirements, 5308-5333 2018-27918 Federal Housing Finance Board Federal Housing Finance Board RULES Federal Home Loan Bank Capital Requirements, 5308-5333 2018-27918 Federal Reserve Federal Reserve System RULES Loans in Areas Having Special Flood Hazards, 4953-4975 2019-02650 PROPOSED RULES Regulations LL and YY; Amendments to the Company-Run and Supervisory Stress Test Rules; Correction, 5014 2019-02976 NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 5083 2019-02794 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 5083 2019-02795 Food and Drug Food and Drug Administration RULES Medical Devices: Dental Devices; Classification of the Auto Titration Device for Oral Appliances, 4998-5000 2019-02824 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accreditation of Third-Party Certification Bodies to Conduct Food Safety Audits and Issue Certifications, 5084-5086 2019-02806 Sanitary Transportation of Human and Animal Food, 5087-5089 2019-02751 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 5107 2019-02912 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of Export Offers, 5084 2019-02779 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Transportation Security Administration See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Housing Operating Fund Program: Operating Budget and Related Form, 5104 2019-02815 Public Housing Operating Subsidy—Appeals, 5103-5104 2019-02814 Industry Industry and Security Bureau NOTICES Meetings: Materials Processing Equipment Technical Advisory Committee, 5050-5051 2019-02729 Interior Interior Department See Land Management Bureau See Reclamation Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5197-5199 2019-02727 2019-02728 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain New Pneumatic Off-The-Road Tires from the People's Republic of China, 5057-5058 2019-02784 Certain Pasta from Italy, 5055-5056 2019-02786 Chlorinated Isocyanurates from the People's Republic of China, 5053-5055 2019-02782 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China, 5051-5053 2019-02787 Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty, 5056 2019-02785 Justice Department Justice Department See Drug Enforcement Administration See Foreign Claims Settlement Commission Labor Department Labor Department See Labor-Management Standards Office See Mine Safety and Health Administration Labor Management Standards Labor-Management Standards Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5107-5108 2019-02647 Land Land Management Bureau NOTICES Environmental Assessments; Availability, etc.: Evaluation of Potential Areas of Critical Environmental Concern within the Tres Rios Field Office, CO, 5105-5106 2019-02813 Management Management and Budget Office NOTICES Public Availability of Fiscal Year 2017 Agency Inventories under the Federal Activities Inventory Reform Act, 5113-5115 2019-02720 Maritime Maritime Administration NOTICES Request for Administrative Waiver of the Coastwise Trade Laws: Vessel HALCYON SEAS, 5182-5183 2019-02763 Vessel MEANT TO BE, 5184-5185 2019-02764 Vessel MR. BADGER, 5183-5184 2019-02765 Vessel QUICKSILVER, 5181 2019-02769 Vessel SEA YOU LATER, 5186-5187 2019-02766 Vessel VICTORIA, 5182 2019-02767 Vessel WARFISH, 5185-5186 2019-02768 Mine Mine Safety and Health Administration NOTICES Petitions for Modification: Application of Existing Mandatory Safety Standard, 5108-5113 2019-02744 2019-02745 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of Export Offers, 5084 2019-02779 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5115 2019-02812 National Credit National Credit Union Administration RULES Loans in Areas Having Special Flood Hazards, 4953-4975 2019-02650 National Highway National Highway Traffic Safety Administration NOTICES Federal Motor Vehicle Theft Prevention Standard; Exemption Approvals: American Honda Motor Co., Inc., 5189-5191 2019-02753 Petition for Exemption from the Federal Motor Vehicle Theft Prevention Standard: Fiat Chrysler Automobiles US LLC, 5191-5193 2019-02724 Petition for Exemption from the Federal Motor Vehicle Theft Prevention Standard: American Honda Motor Co., Inc., 5187-5189 2019-02723 National Institute National Institutes of Health NOTICES Meetings: Advisory Committee to the Director, 5089-5090 2019-02823 Center for Scientific Review, 5090 2019-02770 National Eye Institute, 5090 2019-02771 National Institute of Diabetes and Digestive and Kidney Diseases, 5090 2019-02772 National Institute of Mental Health, 5089 2019-02773 National Institute of Neurological Disorders and Stroke, 5089 2019-02774 Energy National Nuclear National Nuclear Security Administration NOTICES Charter Renewals: Defense Programs Advisory Committee, 5070-5071 2019-02807 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States: Framework Adjustment 30 to the Atlantic Sea Scallop Fishery Management Plan, 5035-5045 2019-02628 National Resources Natural Resources Conservation Service NOTICES Deauthorization of Federal Funding: Lick Creek Watershed, Russell, Dickenson and Wise Counties, Virginia, 5050 2019-02701 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5063 2019-02825 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 5115 2019-02980 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Transfer Applications: SHINE Medical Isotope Production Facility, 5116-5119 2019-02788 Requests for Nominations: Advisory Committee on the Medical Uses of Isotopes, 5115-5116 2019-02721 Financial Research Office of Financial Research RULES Ongoing Data Collection of Centrally Cleared Transactions in the U.S. Repurchase Agreement Market, 4975-4987 2019-02639 Personnel Personnel Management Office NOTICES Meetings: President's Commission on White House Fellowships Advisory Committee, 5119 2019-02726 Presidential Documents Presidential Documents PROCLAMATIONS U.S. Southern Border; Declaration of National Emergency (Proc. 9844), 4949-4950 2019-03011 Reclamation Reclamation Bureau NOTICES Meetings: Glen Canyon Dam Adaptive Management Work Group, 5106 2019-02819 Securities Securities and Exchange Commission RULES Transaction Fee Pilot for National Market System Stocks, 5202-5306 2018-27982 NOTICES Adjustments to Civil Monetary Penalty Amounts, 5122-5124 2019-02699 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5136-5137 2019-02756 Applications: Pacer Funds Trust, Pacer Advisors, Inc. and Pacer Financial, Inc., 5125-5126 2019-02698 Meetings; Sunshine Act, 5133-5134 2019-02905 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 5134-5136 2019-02734 Cboe BZX Exchange, Inc., 5126-5129, 5140-5157 2019-02732 2019-02741 Cboe EDGA Exchange, Inc., 5176-5178 2019-02736 ICE Clear Europe, Ltd., 5137-5140 2019-02733 Nasdaq MRX, LLC, 5173-5176 2019-02740 Nasdaq PHLX, LLC, 5171-5173 2019-02730 NYSE Arca, Inc., 5124 2019-02739 NYSE National, Inc., 5132-5133 2019-02737 The Nasdaq Stock Market, LLC, 5119-5122 2019-02742 The Options Clearing Corp., 5129-5132, 5157-5171 2019-02731 2019-02735 Small Business Small Business Administration NOTICES Meetings: Advisory Committee on Veterans Business Affairs, 5178 2019-02757 Interagency Task Force on Veterans Small Business Development, 5178-5179 2019-02754 State Department State Department NOTICES Meetings: Advisory Committee on Private International Law, 5179-5180 2019-02778 Preparation for the 106th Session of the International Maritime Organization's Legal Committee to be Held at the IMO Headquarters, United Kingdom, 5179 2019-02822 Surface Transportation Surface Transportation Board NOTICES Trackage Rights Exemption: Paducah and Louisville Railway, Inc.; CSX Transportation, Inc., 5180 2019-02835 Codex The U.S. Codex Office NOTICES Meetings: Codex Committee on Contaminants in Foods, 5049-5050 2019-02743 Codex Committee on General Principles, 5048-5049 2019-02747 Codex Committee on Methods of Analysis and Sampling, 5047-5048 2019-02746 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration NOTICES Federal Motor Vehicle Theft Prevention Standard; Exemption Approvals: General Motors Corp., 5193-5194 2019-02752 Privacy Act; Systems of Records, 5194-5197 2019-02758 Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aircraft Repair Station Security, 5102-5103 2019-02817 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Office of Financial Research NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5199 2019-02725 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: African Growth and Opportunity Act Textile Certificate of Origin, 5102 2019-02760 Deferral of Duty on Large Yachts Imported for Sale, 5101 2019-02781 Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties, 5099-5100 2019-02834 Revocation of Customs Brokers' Licenses, 5090-5101 2019-02837 2019-02842 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: VA MATIC Enrollment/Change, 5200 2019-02722 Notice of Intent: Department of Veterans Affairs Voluntary Service National Advisory Committee; Reestablishment, 5200 2019-02750 Separate Parts In This Issue Part II Securities and Exchange Commission, 5202-5306 2018-27982 Part III Federal Housing Finance Agency, 5308-5333 2018-27918 Federal Housing Finance Board, 5308-5333 2018-27918 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. 84 34 Wednesday, February 20, 2019 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1208 [Document Number AMS-SC-18-0093] Processed Raspberry Promotion, Research, and Information Order; Termination of Assessments AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule removes the requirement in the Processed Raspberry Promotion, Research, and Information Order (Order) that each eligible producer of raspberries for processing and eligible importer of processed raspberries pay to the National Processed Raspberry Council (Council) an assessment in the amount of one cent per pound as specified in the Order. The remaining provisions of the Order and regulations issued thereunder will terminated at a later date. This action is necessary because termination of the Order was favored by a majority of the eligible producers and eligible importers voting in a referendum conducted from September 10 through October 5, 2018. DATES: *Effective date:* February 21, 2019. FOR FURTHER INFORMATION CONTACT: Hakim Fobia, Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244, telephone:

(202)720-9915;

(202)720-4835; facsimile:

(202)205-2800; or electronic mail: *Hakim.Fobia@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This final rule affecting 7 CFR part 1208 is authorized under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425). The Processed Raspberry Promotion, Research, and Information Order is codified at 7 CFR part 1208. *Prior documents in this proceeding:* Continuance Referendum, July 25, 2018 [83 FR 35153]; Processed Raspberry Promotion, Research, and Information Order, May 8, 2012 [77 FR 26911]; and Referendum Procedures, February 8, 2010 [75 FR 6089]. Executive Orders 12866, 13563, and 13771 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules and promoting flexibility. This final rule 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). Executive Order 13175 This final rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this rule will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. Executive Order 12988 In addition, this final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Section 524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect or preempt any other State or Federal law authorizing promotion or research relating to an agricultural commodity. Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject to an order may file a written petition with USDA stating that an order, any provision of an order, or any obligation imposed in connection with an order, is not established in accordance with the law, and request a modification of an order or an exemption from an order. Any petition filed challenging an order, any provision of an order, or any obligation imposed in connection with an order, shall be filed within two years after the effective date of an order, provision, or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. The 1996 Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have the jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of the entry of USDA's final ruling. Background This final rule terminates Order requirements to pay an assessment as prescribed in § 1208.52 of the Order and section 517 of the 1996 Act. The 1996 Act authorizes a national processed raspberry promotion, research, and information program. In accordance with the 1996 Act, USDA developed and implemented the Order (7 CFR 1208.1-1208.520), which became effective on May 9, 2012. Section 518(c) of the 1996 Act (7 U.S.C. 7417(c)), and section 1208.71(b) of the Order provide that the Secretary of Agriculture (Secretary) shall conduct a subsequent referendum among people subject to assessments. The Order states that subsequent referenda will be held every 7 years to determine whether producers of raspberries for processing and importers of processed raspberries favor continuance of the Order. A referendum also may be held by request of 10 percent or more of eligible voters, by request of the council established by the order, or when the Secretary deems it necessary. The Order shall continue if it is favored by a majority of producers and importers voting in the referendum, who during a representative period, have been engaged in the production or importation of processed raspberries. In March 2018, USDA received a petition requesting a referendum from more than the required 10 percent of eligible producers of raspberries for processing and importers of processed raspberries. As such, a referendum was held from September 10 through October 5, 2018. The representative period for establishing voter eligibility was January 1 through December 31, 2017. Persons who grew 20,000 pounds or more of raspberries for processing in the United States or imported 20,000 pounds or more of processed raspberries into the United States during the representative period and were subject to assessment during the representative period were eligible to vote. Notice of the referendum was published in the **Federal Register** on July 25, 2018 (83 FR 35153). Termination of the Order was favored by 57 percent of the eligible producers and importers voting in the referendum. Section 522 of the 1996 Act (7 U.S.C. 7421) and § 1208.72 of the Order provides that, if the Secretary determines that termination of the Order is favored by a majority of all the votes cast in a referendum, the Secretary shall terminate, as appropriate the collection of assessments under the Order not later than 180 days after the referendum results are announced. Further, the Secretary is required to terminate, as appropriate, activities under the Order as soon as practicable and in an orderly manner. A separate rule will be published in the future in the **Federal Register** terminating the remaining Order requirements and provisions. In accordance with section 1208.73, the Council will recommend not more than three of its members to the Secretary to serve as trustees for purposes of liquidating the assets of the Council. According to section 1208.74, termination of the Order and any of its provisions, including the requirements to pay assessments shall not:

(a)Affect or waive any right, duty, obligation, or liability which shall have arisen or which may thereafter arise in connection with any provisions of part 1208; or

(b)Release or extinguish any violation of part 1208; or

(c)Affect or impair any rights or remedies of the United States, or the Secretary, or any other person with respect to any such violation. Final Regulatory Flexibility Act Analysis In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612), AMS is required to examine the economic impact of this rule on small entities. Accordingly, AMS has considered the economic impact of this action on such entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The Small Business Administration

(SBA)defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (handlers and importers) as those having annual receipts of no more than $7.5 million. According to the Council, it is estimated that there are 160 producers of raspberries for processing and 30 first handlers of raspberries for processing in the United States. Dividing the processed raspberry crop value for 2017 reported by the National Agricultural Statistics Service

(NASS)of $102,691,456 1 by the number of producers yields an annual average producer revenue of $641,821. It is estimated that 75 percent of first handlers shipped under $7.5 million worth of processed raspberries. 1 Noncitrus Fruits and Nuts 2017 Summary, June 2018, USDA, National Agricultural Statistics Service, pg. 83. Likewise, based on U.S. Customs data, it is estimated there are 136 importers of processed raspberries. Using 2017 Customs data, nearly all importers, or 99 percent, import less than $7.5 million worth of processed raspberries annually. Thus, the majority of domestic producers, first handlers, and importers of processed raspberries would be considered small entities. Regarding the value of the commodity, as mentioned above, based on 2017 NASS data, the value of the domestic crop was about $102 million. According to U.S. Customs data, the value of 2017 imports was about $55 million. According to the Council, in 2017 there were 202 eligible producers and importers who paid about $1.2 million in assessments. When the Order was published in the **Federal Register** on May 8, 2012, the U.S. Department of Agriculture

(USDA)stated that an anticipated $1.2 million of assessments would be collected from about 245 eligible entities. The assessment rate currently is one cent per pound of processed raspberries. This is the same rate that was set when the program first started. This rule terminates the requirement for eligible producers and importers to pay assessments. The Order provides for reimbursements of assessments under certain conditions. Therefore, the exact economic impact of this action will take into account the amount of reimbursement of assessments producers and importers request from the Council. This action will not impose any additional reporting or recordkeeping requirements on either large or small producers or importers of processed raspberries. The Department has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Order It is therefore ordered, that the terms and provisions of Subpart A of part 1208 that require eligible producers and importers to pay an assessment to finance the national program for processed raspberry promotion, research, and information Order (7 CFR part 1208) are hereby terminated. It is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice or to engage in further public procedure prior to putting this action into effect, and that good cause exists for not postponing the effective date of this action until 30 days after publication in the **Federal Register** because:

(1)This action relieves each eligible producer and importer from the burden to remit assessments;

(2)termination of the Order was favored by a majority of eligible producers and importers voting in the referendum; and

(3)the 1996 Act and Order require that, upon such a determination by referendum, collection of assessments should terminate no later than 180 days after the results are announced. List of Subjects in 7 CFR Part 1208 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Raspberry promotion, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 1208 is amended as follows: PART 1208—PROCESSED RASPBERRY PROMOTION, RESEARCH, AND INFORMATION ORDER Subpart A—Processed Raspberry Promotion, Research, and Information Order 1. The authority citation for 7 CFR part 1208 continues to read as follows: Authority: 7 U.S.C. 7411-7425 and 7 U.S.C. 7401. 2. A note is added to § 1208.52 to read as follows: § 1208.52 Assessments. Note 1 to § 1208.52: The requirement to pay assessments is terminated as of February 21, 2019. Dated: February 14, 2019. Bruce Summers, Administrator. [FR Doc. 2019-02775 Filed 2-19-19; 8:45 am]

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