Unknown. Final rule

3,611 words·~16 min read·/register/2019/06/25/2019-13431

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--- schema: federal-register doc_type: fedreg source_file: FR-2019-06-25.xml --- 84 122 Tuesday, June 25, 2019 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Opportunity for Designation in the South Carolina Area, 29839 2019-13451 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See National Agricultural Statistics Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29839-29840 2019-13425 Animal Animal and Plant Health Inspection Service RULES Plant Pest Regulations, 29938-29967 2019-13246 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29851-29852 2019-13461 Civil Rights Civil Rights Commission NOTICES Meetings: Illinois Advisory Committee, 29843-29844 2019-13487 Michigan Advisory Committee, 29844 2019-13480 Coast Guard Coast Guard RULES Drawbridge Operations:

Emergency Bridge Replacement, Chicago River, Chicago, IL, 29802-29804 2019-13495 Safety Zones: Tall Ships Challenge Great Lakes 2019, Buffalo, NY, Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI, Kenosha, WI and Erie, PA, 29804-29806 2019-13475 Special Local Regulations: Marine Events in the Coast Guard Sector Long Island Sound Captain of the Port Zone, 29799-29802 2019-13501 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29870-29871 2019-13312 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29933-29935 2019-13473 Defense Department Defense Department See Army Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29852-29853 2019-13468 2019-13470 Economic Development Economic Development Administration NOTICES Petitions by Firms for Determination of Eligibility to Apply for Trade Adjustment Assistance, 29844-29845 2019-13469 Education Department Education Department NOTICES Applications for New Awards:

Tribally Controlled Postsecondary Career and Technical Institutions Program, 29854-29859 2019-13488 Energy Department Energy Department NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Nevada, 29859-29860 2019-13486 Update on Reimbursement for Costs of Remedial Action at Uranium and Thorium Processing Sites, 29860 2019-13474 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Missouri; Infrastructure State Implementation Plan Requirements for the 2015 Ozone National Ambient Air Quality Standard, 29826-29828 2019-13374 Ocean Dumping: Modification of an Ocean Dredged Material Disposal Site Offshore of Mobile, AL, 29828-29834 2019-13396 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Emission Standards for Hazardous Air Pollutants for the Printing and Publishing Industry, 29860-29861 2019-13454 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Leonardo S.p.A. Helicopters, 29797-29799 2019-13247 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 29821-29824 2019-13332 The Boeing Company Airplanes, 29815-29821 2019-13049 2019-13336 Federal Communications Federal Communications Commission RULES FM Translator Interference: Correction, 29806-29807 2019-13271 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29933-29935 2019-13473 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance for Prize Competition Participation, 29861-29862 2019-13477 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29862-29864, 29933-29935 2019-13473 2019-13490 Fish Fish and Wildlife Service RULES Importation, Exportation, and Transportation of Wildlife, Shellfish, and Fishery Products: Importation and Exportation of Green Sea Urchins, 29807-29808 2019-13492 PROPOSED RULES Migratory Bird Permits:

Regulations for Managing Resident Canada Goose Populations, 29835-29838 2019-13485 NOTICES Endangered Species: Recovery Permit Applications, 29872-29874 2019-13435 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preparing a Claim of Categorical Exclusion or an Environmental Assessment for Submission to the Center for Food Safety and Applied Nutrition, 29864-29866 2019-13434 Reporting Associated with New Animal Drug Applications and Veterinary Master Files, 29866-29867 2019-13430 Guidance:

Reducing Microbial Food Safety Hazards in the Production of Seed for Sprouting, 29867-29869 2019-13433 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 29935 2019-13393 Forest Forest Service NOTICES Media Outlets for Publication of Legal and Action Notices in the Southern Region, 29840-29842 2019-13452 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration Health Resources Health Resources and Services Administration NOTICES Lists of Designated Primary Medical Care, Mental Health, and Dental Health Professional Shortage Areas, 29869-29870 2019-13395 Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Flights to and from Cuba, 29795-29797 2019-13431 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electric Power Service Application, 29875-29876 2019-13399 Water Request, 29874-29875 2019-13398 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29845 2019-13448 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Amount Determined under Section 956 for Corporate United States Shareholders:

Correction, 29799 2019-13489 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29935-29936 2019-13397 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusions from the People's Republic of China, 29845-29846 2019-13479 Circular Welded Carbon-Quality Steel Pipe from Oman, 29846-29848 2019-13478 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Light-Emitting Diode Products, Systems, and Components Thereof (I), 29877-29879 2019-13457 Certain Light-Emitting Diode Products, Systems, and Components Thereof (II), 29879-29880 2019-13455 Labor Department Labor Department See Mine Safety and Health Administration PROPOSED RULES Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations, 29970-30020 2019-13076 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Workforce Innovation and Opportunity Act Implementation Study, 29880 2019-13471 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29930-29931 2019-13436 2019-13437 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel CHRISTY BLUE (Motor Vessel), 29931-29932 2019-13438 Vessel MAR Y SOL (Motor Vessel), 29928-29929 2019-13439 Vessel ODYSSEUS (Sail Boat), 29932-29933 2019-13440 Vessel PILAR (Sailing Catamaran), 29929-29930 2019-13441 Vessel SANDJ3 (Motor Vessel), 29927-29928 2019-13442 Mine Mine Safety and Health Administration NOTICES Petitions for Modification:

Application of Existing Mandatory Safety Standards, 29881-29883 2019-13472 National Agricultural National Agricultural Statistics Service NOTICES Opportunity to Submit Content Request for the 2022 Census of Agriculture, 29843 2019-13432 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment, 29808-29810 2019-13483 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29851 2019-13447 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Greater Atlantic Region Permit Family of Forms, 29849-29851 2019-13482 West Coast Region Federal Fisheries Permits—Northwest, 29848-29849 2019-13484 Meetings: Mid-Atlantic Fishery Management Council, 29851 2019-13446 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 29876-29877 2019-13443 2019-13444 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29883-29884 2019-13423 Antarctic Conservation Act Permits, 29884-29885 2019-13427 Meetings: Listening Session on Interoperability of Medical Devices, Data, and Platforms to Enhance Patient Care, 29884 2019-13466 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29853-29854 2019-13465 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the State of Vermont, 29811-29815 2019-13403 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Interview Survey Form, 29885 2019-13417 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 29885-29887 2019-13416 2019-13426 Postal Service Postal Service NOTICES Product Change: Priority Mail Express Negotiated Service Agreement, 29887 2019-13418 Science Technology Science and Technology Policy Office NOTICES Request for Information: National Research Strategy for the President's Roadmap to Empower Veterans and End the National Tragedy of Suicide, 29887-29889 2019-13476 Securities Securities and Exchange Commission NOTICES Application:

Lord Abbett Credit Opportunities Fund, et al., 29919-29922 2019-13414 Meetings; Sunshine Act, 29925 2019-13529 Program for Allocation of Regulatory Responsibilities: Financial Industry Regulatory Authority, Inc. and the NYSE Chicago, Inc., 29923-29925 2019-13464 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 29889-29892 2019-13411 Cboe BZX Exchange, Inc., 29892-29903, 29912-29919 2019-13405 2019-13413 Cboe Exchange, Inc., 29906-29908 2019-13409 Nasdaq GEMX, LLC, 29905-29906 2019-13408 Nasdaq MRX, LLC, 29922-29923 2019-13410 New York Stock Exchange, LLC, 29908-29912 2019-13407 The Nasdaq Stock Market, LLC, 29903-29905 2019-13406 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29925 2019-13491 State Department State Department NOTICES Certification Pursuant to the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019, 29925-29926 2019-13158 Surface Transportation Surface Transportation Board NOTICES Quarterly Rail Cost Adjustment Factor, 29926 2019-13460 Susquehanna Susquehanna River Basin Commission NOTICES Meetings: Actions Taken June 14, 2019, 29926-29927 2019-13481 Trade Representative Trade Representative, Office of United States NOTICES Reallocation of Unused Fiscal Year 2019 Tariff-Rate Quota Volume for Raw Cane Sugar, 29927 2019-13415 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registration for Classification as a Refugee, 29871-29872 2019-13394 Customs U.S. Customs and Border Protection RULES Flights to and from Cuba, 29795-29797 2019-13431 Veteran Affairs Veterans Affairs Department PROPOSED RULES Health Professional Scholarship Program, 29824-29826 2019-13382 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Request for Determination of Loan Guaranty Eligibility—Unmarried Surviving Spouses, 29936 2019-13428 Separate Parts In This Issue Part II Agriculture Department, Animal and Plant Health Inspection Service, 29938-29967 2019-13246 Part III Labor Department, 29970-30020 2019-13076 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. 84 122 Tuesday, June 25, 2019 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 234 U.S. Customs and Border Protection 19 CFR Part 122 [Docket No. USCBP-2016-0015; CBP Decision No. 19-06] RIN 1651-AB10 Flights To and From Cuba AGENCY:

U.S. Customs and Border Protection, DHS. ACTION: Final rule. SUMMARY: This rule adopts as final, without change, interim amendments to the U.S. Customs and Border Protection

(CBP)regulations published in the **Federal Register** on March 21, 2016, that removed certain provisions regarding flights to and from Cuba that were either obsolete due to intervening regulatory changes or were duplicative of regulations applicable to all other similarly situated international flights. DATES: This rule is effective on June 25, 2019. FOR FURTHER INFORMATION CONTACT: Arthur A.E. Pitts, Sr., U.S. Customs and Border Protection, Office of Field Operations, by phone at

(202)344-2752 or by email at *Arthur.A.Pitts@cbp.dhs.gov.* SUPPLEMENTARY INFORMATION: I. Background On March 21, 2016, the Department of Homeland Security

(DHS)published an interim final rule

(IFR)in the **Federal Register** (81 FR 14948) amending CBP regulations to remove regulations previously codified at 19 CFR, part 122, subpart O. The removed regulations imposed certain restrictions and reporting requirements on flights to and from Cuba. The implementation of robust reporting requirements that generally apply to all international flights rendered much of subpart O redundant. Additionally, the Department of the Treasury's Office of Foreign Assets Control

(OFAC)and the Department of Commerce's Bureau of Industry and Security

(BIS)issued changes to the Cuban Assets Control Regulations

(CACR)and the Export Administration Regulations

(EAR)that rendered many sections of subpart O obsolete. 1 1 Following the publication of the IFR, BIS and OFAC published additional changes to the CACR and the EAR in order to implement the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba (June 16, 2017). *See* 82 FR 51983 (Nov. 9, 2017) and 82 FR 51998 (Nov. 9, 2017). These changes did not affect provisions related to former subpart O and do not require modification to the IFR. Despite the removal of subpart O, flights to and from Cuba continue to be subject to the same entry and clearance requirements in 19 CFR part 122 as all other similarly situated international flights. Additionally, flights to and from Cuba continue to be subject to other legal requirements relating to travel and trade between the United States and Cuba including, but not limited to, the CACR and the EAR. In the IFR, DHS also amended several provisions of title 8 CFR (8 CFR 234.2) and title 19 CFR (19 CFR 122.31 and 122.42) to bring these sections into conformity with the removal of 19 CFR part 122, subpart O. II. Discussion of Comments A. Overview Although the interim regulatory amendments were promulgated without prior public notice and comment procedures pursuant to the foreign affairs exemption in 5 U.S.C. 553(a)(1), the IFR provided for the submission of public comments that would be considered before adoption of the interim regulations as a final rule. The prescribed 30-day public comment period closed on April 20, 2016. DHS received submissions from 30 commenters. The vast majority of commenters supported the removal of subpart O. Those commenters supported the removal of subpart O based on the expectation that it would benefit the U.S. airline industry and other U.S. businesses hoping to expand to Cuba, lower the cost of flights to and from Cuba by increasing flight options available to U.S. consumers, and potentially lead to future trade agreements and other economic cooperation between the United States and Cuba. Three of the commenters that supported the rule requested that DHS impose additional restrictions on international flights and individuals arriving in the United States. Two commenters opposed the IFR due to legal and policy concerns regarding Cuba. A summary of the comments and comment responses follow. B. Discussion *Comment:* One commenter expressed concern that the removal of subpart O would encourage the spread of communist beliefs and stated that DHS should take steps to continue to isolate Cuba. Another commenter stated that the removal of subpart O was inconsistent with federal laws that restrict trade with Cuba and with CBP's putative duty to prevent trade with Cuba. Specifically, it is the position of the commenter that section 6063 of title 22 of the U.S. Code prohibits CBP from removing subpart O until there is a transition government in place in Cuba. *Response:* DHS disagrees that the removal of subpart O is inconsistent with U.S. law or CBP's obligations under the law. As noted above and explained in detail in the IFR, each section previously codified in subpart O is either redundant of other regulatory provisions or is obsolete due to intervening regulatory changes issued by OFAC and BIS pursuant to OFAC's and BIS's statutory authority to regulate travel and trade with Cuba. Additionally, none of the regulatory requirements previously codified in subpart O is mandated by statute. Rather, subpart O was promulgated pursuant to the Secretary of Homeland Security's broad authority to regulate all aircraft arriving to and departing from the United States. *See* 19 U.S.C. 1433, 1644, and 1644a. The elimination of subpart O, therefore, merely updates CBP's regulations to conform to OFAC's and BIS's regulations and does not conflict with the existing statutory or regulatory scheme restricting travel or trade with Cuba. The removal of subpart O also does not conflict with title II of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, Public Law 104-114, sections 201-207, 110 Stat. 785, 805-814, which includes the provisions codified at 22 U.S.C. 6063. Those provisions do not specifically address DHS's authority to regulate aircraft flying to or from Cuba. The President is authorized to suspend aspects of the economic embargo of Cuba only if certain conditions are met, including the determination that “a transition government in Cuba is in power.” 22 U.S.C. 6064(a). As explained above, however, the removal of the provisions in subpart O, which are either redundant or obsolete, merely conforms CBP's regulations to the BIS and OFAC requirements. It does not affect the existing embargo, and therefore does not require a determination that a transition government is in power in Cuba. *Comment:* Two commenters expressed support for the removal of subpart O but requested that individuals arriving in the United States from any foreign place, including individuals arriving from Cuba, be subject to criminal background checks in order to enter the United States. One commenter requested that additional restrictions be placed on flights to and from any foreign place. *Response:* The requirements applicable to foreign individuals seeking entry into the United States are beyond the scope of this rule. However, DHS notes that despite the removal of subpart O, all travelers arriving in the United States from Cuba must still report to a CBP officer and undergo a customs and immigration inspection, as required by various provisions in the United States Code and titles 8 and 19 and of the CFR. DHS and its component agencies also work closely with the Department of State and other agencies responsible for enforcing the sanctions regime against Cuba, including OFAC and BIS, to ensure that individuals on the Specially Designated National

(SDN)list are prohibited entry into the United States. In addition, despite the removal of subpart O, all aircraft arriving in the United States from Cuba are subject to the various reporting and inspection requirements of title 19 CFR. *Comment:* One commenter requested that DHS amend section 122.153(c) of title 19 (19 CFR 122.153) to permit Key West International Airport to receive flights to and from Cuba. *Response:* Section 122.153 of title 19 is within subpart O and, therefore, has been removed. However, it is not necessary to amend the list of airports authorized to accept flights to and from Cuba previously contained in 122.153(c) to add Key West International Airport, or any other airport, in order for that airport to receive flights to and from Cuba. With the removal of subpart O, any airport, including Key West International Airport, may request a new international flight to or from Cuba under the same procedures and requirements applicable to all other similarly situated airports and aircraft operators seeking to conduct international flights. In order to operate flights between the United States and Cuba, all airports and aircraft operators must comply with applicable regulatory requirements of DHS and its component agencies, such as CBP, the Transportation Security Administration (TSA), U.S. Immigration and Customs Enforcement

(ICE)and the U.S. Coast Guard, as well as the regulatory requirements of OFAC, BIS, and the Department of Transportation's Federal Aviation Administration. III. Conclusions—Regulatory Amendments After careful consideration of the comments received, DHS is adopting the interim regulations, as set forth in the IFR published in the **Federal Register** at 81 FR 14948 on March 21, 2016, as final without change. Statutory and Regulatory Requirements A. Statutory Requirements The Administrative Procedure Act

(APA)requirements in 5 U.S.C. 553 govern agency rulemaking procedures. Among other procedural requirements, the APA generally requires that a final rule have a 30-day delayed effective date. The APA provides a full exemption from the requirements of section 553 for rules involving the foreign affairs function of the United States. *See* 5 U.S.C. 553(a)(1). This final rule is excluded from the rulemaking provisions of 5 U.S.C. 553 as a foreign affairs function of the United States because it concerns international flights between the United States and Cuba, consistent with U.S. foreign policy goals. These amendments clarify and simplify the regulations regarding air travel between the United States and Cuba and are consistent with President Trump's continued efforts to ensure that engagement between the United States and Cuba advances the interests of the United States and the Cuban people, including the mutual interest in facilitating lawful travel and safe civil aviation. 2 *See* 82 FR 48875. Accordingly, this final rule is not subject to the 30-day delayed effective date requirement. 2 National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba (June 16, 2017) § 2(d), (f). Additionally, because this rule is not subject to the requirements of 5 U.S.C. 553, it is not subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). B. Executive Orders 12866 and 13771 Executive Order 12866 (“Regulatory Planning and Review”) directs agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Rules involving the foreign affairs function of the United States are exempt from the requirements of Executive Order 12866. Executive Order 13771 (“Reducing Regulation and Controlling Regulatory Costs”) requires that whenever an agency promulgates a new regulation, it must identify at least two existing regulations to be repealed. It further directs that any new incremental costs associated with new regulations must be offset by the elimination of existing costs associated with two prior regulations. Pursuant to section 4(a), Executive Order 13771 does not apply to regulations issued with respect to a foreign affairs function of the United States. As discussed above, DHS has concluded that clarifying and simplifying the regulations regarding restrictions on travel between the United States and Cuba is a foreign affairs function of the United States Government. Accordingly, this rule is exempt from the requirements of Executive Orders 12866 and 13771. Signing Authority This final rule is being issued in accordance with 8 CFR 2.1 and 19 CFR 0.2(a). Accordingly, this final rule is signed by the Secretary of Homeland Security. List of Subjects 8 CFR Part 234 Air carriers, Aircraft, Airports, Aliens, Cuba. 19 CFR Part 122 Administrative practice and procedure, Air carriers, Aircraft, Airports, Alcohol and alcoholic beverages, Cigars and cigarettes, Cuba, Customs duties and inspection, Drug traffic control, Freight, Penalties, Reporting and recordkeeping requirements, Security measures. Amendments to Regulations For the reasons set forth above, the IFR amending part 122 of the CBP regulations (19 CFR part 122), which was published in the **Federal Register** at 81 FR 14948 on March 21, 2016, is adopted as a final rule without change. Dated: June 14, 2019. Kevin K. McAleenan, Acting Secretary. [FR Doc. 2019-13431 Filed 6-24-19; 8:45 am]

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