Rules and Regulations. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-01-08.xml --- 85 5 Wednesday, January 8, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Request for Information: Supplemental Evidence and Data Request on Treatments for Acute Pain: A Systematic Review, 904-906 2020-00104 Agricultural Marketing Agricultural Marketing Service RULES Beef Promotion and Research Rules and Regulations, 825-827 2019-28058 Agriculture Agriculture Department See Agricultural Marketing Service Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Data Collection for the Next Generation of Enhanced Employment Strategies Project, 906-907 2020-00107 Coast Guard Coast Guard NOTICES Environmental Impact Statements; Availability, etc.: BNSF Railway Bridge across the Missouri River at Bismarck, ND, 930-932 2020-00053 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Cross-Border Application of the Registration Thresholds and Certain Requirements Applicable to Swap Dealers and Major Swap Participants, 952-1016 2019-28075 Comptroller Comptroller of the Currency PROPOSED RULES Employment Contracts, Mutual to Stock Conversions:

Technical Amendments, 1052-1081 2019-28074 Copyright Royalty Board Copyright Royalty Board RULES Determination and Allocation of Initial Administrative Assessment to Fund Mechanical Licensing Collective, 831-834 2019-28233 Corporation Corporation for National and Community Service PROPOSED RULES National Service Criminal History Check, 859-862 2019-28489 Education Department Education Department PROPOSED RULES Proposed Priorities: Competitive Grants for State Assessments, 853-856 2019-28532 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Job Corps Application Data, 935-936 2020-00064 Energy Department Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration RULES Inflation Adjustment of Civil Monetary Penalties, 827-831 2019-27802 Environmental Protection Environmental Protection Agency RULES Extension of Start Date for Revised Photochemical Assessment Monitoring Stations, 834-837 2019-28219 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NSPS for Sewage Sludge Treatment Plants, 894-895 2020-00077 Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Plans, 893-894 2020-00079 Tips and Complaints Regarding Environmental Violations, 894 2020-00078 Federal Communications Federal Communications Commission RULES Connect America Fund; Correction, 838 2019-28182 Establishing the Digital Opportunity Data Collection; Modernizing the FCC Form 477 Data Program; Corrections, 837-838 2019-27644 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 895-901 2020-00058 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 888-892 2020-00085 2020-00086 2020-00088 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: 41MB 8me LLC, 891 2020-00083 Cambria Wind, LLC, 892-893 2020-00082 Plum Creek Wind, LLC, 890-891 2020-00084 Willow Creek Wind Power LLC, 889 2020-00087 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 901 2020-00114 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 901 2020-00095 Federal Trade Federal Trade Commission NOTICES Granting of Requests for Early Termination of the Waiting Period Under the Premerger Notification Rules, 901-903 2020-00093 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Endangered Status for the Sierra Nevada Distinct Population Segment of the Sierra Nevada Red Fox, 862-872 2019-28462 Threatened Species Status for the Hermes Copper Butterfly with 4(d) Rule and Designation of Critical Habitat, 1018-1050 2019-28461 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Animal Feed Regulatory Program Standards, 907-909 2020-00073 Donor Risk Assessment Questionnaire for the Food and Drug Administration/National Heart, Lung, and Blood Institute-Sponsored Transfusion—Transmissible Infections Monitoring System--Risk Factor Elicitation, 922-924 2020-00047 Focus Groups as Used by the Food and Drug Administration (All Food and Drug Administration-Regulated Products), 916-918 2020-00074 Guidance:

Certificates of Confidentiality; Extension of Comment Period, 921-922 2020-00070 Drug Products Labeled as Homeopathic, 918-919 2020-00091 Meetings: Modernizing the Food and Drug Administration's Data Strategy, 924-926 2020-00071 New Animal Drug Applications: Alaco, Inc., et al.; Proposal to Withdraw Approval of Seven; Opportunity for a Hearing, 919-921 2020-00072 New Drug Applications: Elite Laboratories, Inc., et al.; Withdrawal of Approval of 23 Abbreviated, 909-910 2020-00076 Pharmacia and Upjohn Co., et al.;

Withdrawal of Approval of 19, 915-916 2020-00075 Revocation of Authorizations: Emergency Use of In Vitro Diagnostic Devices for Detection of and/or Diagnosis of Zika or Ebola Virus, 910-915 2020-00063 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard Industry Industry and Security Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Voluntary Self-Disclosure of Antiboycott Violations, 876-877 2020-00069 Voluntary Self-Disclosure of Violations of the Export Administration Regulations, 875 2020-00068 Order Denying Export Privileges: Edgar Sanchez-Muro, 873-874 2020-00044 Resit Tavan, 874-875 2020-00043 Ruben Beltran-Ramos, 875-876 2020-00046 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Cast Iron Soil Pipe Fittings from the People's Republic of China, 881-882 2020-00049 Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China, 878-879 2020-00048 Certain Collated Steel Staples from the People's Republic of China, 882-885 2020-00103 Certain Corrosion-Resistant Steel Products from India, 877-878 2020-00050 Certain Corrosion-Resistant Steel Products from the Republic of Korea, 882 2020-00051 Magnesium Metal from the People's Republic of China, 879-881 2020-00052 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Quartz Surface Products from India and Turkey, 933-934 2020-00094 Justice Department Justice Department NOTICES Proposed Consent Decree: CERCLA, 934-935 2020-00045 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Proposed Filing of Plats of Survey: Montana, 932 2020-00108 Library Library of Congress See Copyright Royalty Board National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 926-927, 929-930 2020-00109 2020-00110 National Center for Advancing Translational Sciences, 930 2020-00112 National Heart, Lung, and Blood Institute, 928-929 2020-00067 National Institute of Mental Health, 926, 928 2020-00111 2020-00113 National Institute of Neurological Disorders and Stroke, 928 2020-00066 Energy National Nuclear National Nuclear Security Administration NOTICES Environmental Impact Statements; Availability, etc.: Availability of Final Supplement Analysis;

Complex Transformation Supplemental Programmatic Environmental Impact Statement, 887-888 2020-00102 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Authorize the Retention of Halibut in Pot Gear in the Bering Sea and Aleutian Islands; Amendment 118, 840-850 2019-27903 Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 850-851 2019-28042 NOTICES Meetings: New England Fishery Management Council, 886-887 2020-00096 North Pacific Fishery Management Council, 885-886 2020-00099 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Modifications to Pressure-Temperature Limits, 852-853 2019-28061 NOTICES License Amendment Application:

Arizona Public Service Co.; Palo Verde Nuclear Generating Station, Units 1, 2, and 3 Extend Implementation Times, 936-939 2020-00054 Postal Service Postal Service PROPOSED RULES Seamless Changes for Detached Mail Unit and Full-Service Mailings, 856-859 2019-28505 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 949 2020-00168 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 942-947 2020-00061 LCH SA, 947-949 2020-00062 The Nasdaq Stock Market, LLC, 939-942 2020-00060 Surface Transportation Surface Transportation Board RULES Civil Monetary Penalties—2020 Adjustment, 838-840 2020-00089 NOTICES Temporary Trackage Rights Exemption:

Union Pacific Railroad Co.; BNSF Railway Co., 949-950 2020-00092 Treasury Treasury Department See Comptroller of the Currency Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Complaint of Employment Discrimination; Information for Pre-Complaint Processing, 950 2020-00055 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 952-1016 2019-28075 Part III Interior Department, Fish and Wildlife Service, 1018-1050 2019-28461 Part IV Treasury Department, Comptroller of the Currency, 1052-1081 2019-28074 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. 85 5 Wednesday, January 8, 2020 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1260 [No. AMS-LP-19-0054] Beef Promotion and Research Rules and Regulations AGENCY: Agricultural Marketing Service, USDA.

ACTION: Direct final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is amending the Beef Promotion and Research Order (Order) by updating the Harmonized Tariff Schedule

(HTS)codes for imported cattle, beef, veal, and beef product to conform with recent updates by the U.S. International Trade Commission (USITC) and used by the U.S. Customs and Border Protection to assist in the collection of beef checkoff assessments. DATES: This direct final rule is effective February 7, 2020, without further action or notice, unless significant adverse comment is received by January 23, 2020. If significant adverse comment is received, AMS will publish a timely withdrawal of the amendment in the **Federal Register** . ADDRESSES: Comments should be posted online at *www.regulations.gov.* Comments received will be posted without change, including any personal information provided. All comments should reference the docket number AMS-LP-19-0054, the date of submission, and the page number of this issue of the **Federal Register** . Comments may also be sent to Kahl Sesker, Agricultural Marketing Specialist; Research and Promotion Division; Livestock and Poultry Program, AMS, USDA; Room 2610-S, STOP 0251, 1400 Independence Avenue SW, Washington, DC 20250-0251; or via fax to

(202)720-1125. Comments will be made available for public inspection at the above address during regular business hours or via the internet at *www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Kahl Sesker, Agricultural Marketing Specialist; Research and Promotion Division, Livestock and Poultry Program; AMS, U.S. Department of Agriculture (USDA); Room 2610-S, STOP 0251, 1400 Independence Avenue SW, Washington, DC 20250-0251; fax

(202)720-1125; telephone

(202)253-8253; or email *Kahl.Sesker@usda.gov.* SUPPLEMENTARY INFORMATION: 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 rule does not meet the definition of a significant regulatory action contained in section 3(f) of Executive Order 12866 and therefore, the Office of Management and Budget

(OMB)has waived review of this action. Additionally, because this rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled “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 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have a retroactive effect. Section 11 of the Beef Promotion and Research Act of 1985

(Act)(7 U.S.C. 2910) provides that nothing in the Act may be construed to preempt or supersede any other program relating to beef promotion organized and operated under the laws of the U.S. or any State. There are no administrative proceedings that must be exhausted prior to any judicial challenge to the provisions of this rule. Executive Order 13175 This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that is regulation would not have substantial and direct effects on Tribal governments or significant Tribal implications. Paperwork Reduction Act In accordance with OMB regulations (5 CFR part 1320) that implement the Paperwork Reduction Act of 1995 (44 U.S.C. part 35), the information collection and recordkeeping requirements contained in the Order and accompanying Rules and Regulations have previously been approved by OMB and were assigned OMB control number 0581-0093. Background The Act authorized the establishment of a national beef promotion and research program. Title 7 CFR part 1260, the Beef Promotion and Research Order (the Order), was published in the **Federal Register** on July 18, 1986 (51 FR 21632), and the collection of assessments began on October 1, 1986. The program is administered by the Cattlemen's Beef Promotion and Research Board (Board), appointed by the Secretary of Agriculture (Secretary) from industry nominations, and composed of 99 cattle producers and importers. The program is funded by a $1-per-head assessment on producers selling cattle in the U.S. as well as an equivalent assessment on importers of cattle, beef, veal, and beef products. Importers pay assessments on imported cattle, beef, veal, and beef products. U.S. Customs and Border Protection collects and remits these assessments to the Board. The term “importer” is defined as “any person who imports cattle, beef, or beef products from outside the United States” (7 CFR 1260.117). Imported beef or beef products is defined as “products which are imported into the United States which the Secretary determines contain a substantial amount of beef, including those products which have been assigned one or more of the following numbers in the Tariff Schedule of the United States” (7 CFR 1260.121). The Act requires that assessments on imported beef and beef products and veal and veal products be determined by converting such imports into live animal equivalents to ascertain the corresponding number of head of cattle. Carcass weight is the principal factor in calculating live animal equivalents. USITC periodically updates HTS codes. Since USITC updates HTS on a regular basis, AMS routinely amends 7 CFR 1260.172(b) to incorporate the updated HTS codes for imported cattle, beef, veal, and beef product into the Order so that importers know what beef products are assessed and their respective assessment rates. Consistent with USITC's recent updates to HTS codes, AMS is updating the HTS codes in the Order through this direct final rule. Regulatory Flexibility Act The purpose of RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly burdened. Pursuant to the requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ), AMS has considered the economic effect of this action on small entities and has determined that this direct final rule does not have a significant economic impact on a substantial number of small entities. Effective August 19, 2019, the SBA published an interim final rule (RIN 3245-AH17) that adjusts the monetary-based size standards for inflation. As a result of this rule, the size classification for small beef, veal, and cattle importing firms changed from sales of $750,000 or less to sales of $1,000,000 or less. As a result, a supplemental analysis was conducted to determine whether the change in the size standard would lead to a significant change in the number of firms affected by this rule. According to the U.S. Department of Agriculture's

(USDA)National Agricultural Statistics Service's

(NASS)2017 Census of Agriculture, the number of operations in the United States with cattle totaled 882,692. 1 The most recent

(2017)Census of Agriculture data show that roughly 4 percent of producers with cattle, or 31,601 operations, have annual receipts of $1,000,000 or more. 2 Therefore, the vast majority of cattle producers, 96 percent, would be considered small businesses with the new SBA guidance. It should be noted that producers are only indirectly impacted by the proposed rule. 1 *https://www.nass.usda.gov/AgCensus/index.php* . 2 *https://quickstats.nass.usda.gov/results/EC7DF8E2-6791-347F-BC4F-3F81988D7DDB* . Cattle, beef, and veal importers are directly impacted by the proposed rule. The original number of importing firms was determined in consultation with the Meat Import Council of America (MICA). AMS estimates that approximately 270 firms that import beef or beef products, and veal and veal products into the United States, and about 198 firms that import live cattle into the United States. The 2012 Economic Census, produced by the U.S. Commerce Department, and accessible through the American Fact Finder website, provides the most recent data on firm size by sales revenue. 3 However, data on the firm size of beef, veal, and cattle importers are not available in this or other economic databases, as there is no NAICS code specific enough for this industry segment. 3 *https://factfinder.census.gov.* The 2012 Economic Census does have information on the broader marketing chain, specifically the size distribution of meat and meat product wholesalers (NAICS 42447). 4 These data show that 18 percent of firms in the industry classification of meat and meat product wholesalers are now considered small businesses under the new size standard. 4 Source: *U.S. Census Bureau, 2012 Economic Census* , Search code EC1242SSSZ1_with_ann. Recent import trade data was also considered for understanding the overall dynamics of this industry segment. The Foreign Agricultural Service reports monthly trade data for traded agricultural products by product type. An analysis of these data over a five-year period show only minor changes in the annual import values for both beef and veal importers and cattle importers, suggesting little change in the sector overall. This direct final rule imposes no significant burden on the industry. Importers are already required to pay assessments. This action merely updates HTS codes in the Order that USITC has changed for imported cattle, beef, veal, and beef products. Accordingly, AMS has determined that this action does not have a significant impact on a substantial number of small entities. USITC periodically updates HTS codes. Since USITC updates HTS on a regular basis, AMS routinely amends 7 CFR 1260.172(b) to incorporate the updated HTS codes for imported cattle, beef, veal, and beef product into the Order so that importers know what beef products are assessed and their respective assessment rates. List of Subjects in 7 CFR Part 1260 Administrative practice and procedure, Advertising, Agricultural research, Imports, Marketing agreement, Meat and meat products, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, AMS amends 7 CFR part 1260 as follows: PART 1260—BEEF PROMOTION AND RESEARCH 1. The authority citation for 7 CFR part 1260 continues to read as follows: Authority: 7 U.S.C. 2901-2911 and 7 U.S.C. 7401. 2. Amend § 1260.172 by revising paragraph (b)(2) to read as follows: § 1260.172 Assessments.

(b)* * *

(2)The assessment rates for imported cattle, beef, veal, beef products, are as follows: Table 1 to Paragraph ( b )(2)—Imported Live Cattle HTS code Assessment rate per head 0102.21.0010 $1.00 0102.21.0020 1.00 0102.21.0030 1.00 0102.21.0050 1.00 0102.29.2011 1.00 0102.29.2012 1.00 0102.29.4024 1.00 0102.29.4028 1.00 0102.29.4034 1.00 0102.29.4038 1.00 0102.29.4054 1.00 0102.29.4058 1.00 0102.29.4062 1.00 0102.29.4064 1.00 0102.29.4066 1.00 0102.29.4068 1.00 0102.29.4072 1.00 0102.29.4074 1.00 0102.29.4082 1.00 0102.29.4084 1.00 Table 2 to Paragraph ( b )(2)—Imported Beef and Beef Products HTS code Assessment rate per kg 0201.10.0510 0201.10.0590 .01431558 0201.10.1010 .00379102 0201.10.1090 .01431558 0201.10.5010 .00379102 0201.10.5090 .01431558 0201.20.0200 .00511787 0201.20.0400 .00530743 0201.20.0600 .00511787 0201.20.1000 .00379102 0201.20.3000 .00530743 0201.20.5015 .00511787 0201.20.5025 .01431558 0201.20.5035 .00379102 0201.20.5045 .00379102 0201.20.5055 .00379102 0201.20.5065 .00379102 0201.20.5075 .00379102 0201.20.5085 .00379102 0201.20.8090 .00379102 0201.30.0200 .00379102 0201.30.0400 .00379102 0201.30.0600 .00530743 0201.30.1000 .00511787 0201.30.3000 .00379102 0201.30.5015 .00530743 0201.30.5025 .00511787 0201.30.5035 .02090075 0201.30.5045 .00511787 0201.30.5055 .00511787 0201.30.5065 .00511787 0201.30.5075 .00511787 0201.30.5085 .00511787 0201.30.8090 .00511787 0202.10.0590 .00511787 0202.10.1010 .01431558 0202.10.1090 .00379102 0202.10.5010 .01431558 0202.10.5090 .00370102 0202.20.0200 .01431558 0202.20.0400 .00379102 0202.20.0600 .00530743 0202.20.1000 .00511787 0202.20.3000 .00379102 0202.20.5025 .00530743 0202.20.5035 .00511787 0202.20.5045 .00379102 0202.20.5055 .00379102 0202.20.5065 .00379102 0202.20.5075 .00379102 0202.20.5085 .00379102 0202.20.8000 .00379102 0202.30.0200 .00530743 0202.30.0400 .00511787 0202.30.0600 .00527837 0202.30.1000 .00530743 0202.30.3000 .00511787 0202.30.5015 .02090075 0202.30.5025 .00511787 0202.30.5035 .00511787 0202.30.5045 .00511787 0202.30.5055 .00511787 0202.30.5065 .00511787 0202.30.5075 .00511787 0202.30.5085 .00511787 0202.30.8000 .00379102 0206.10.0000 .00379102 0206.21.0000 .00379102 0206.22.0000 .00379102 0206.29.0000 .00379102 0210.20.0000 .00615701 1601.00.4010 .00473877 1601.00.4090 .00473877 1601.00.6020 .00473877 1602.50.0500 .00771610 1602.50.0720 .00663428 1602.50.0740 .00663428 1602.50.0800 .00663428 1602.50.2120 .00701388 1602.50.2140 .00701388 1602.50.6000 .00720293 Dated: December 20, 2019. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2019-28058 Filed 1-7-20; 8:45 am]

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