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-2020-01-30.xml --- 85 20 Thursday, January 30, 2020 Contents Agricultural Marketing Agricultural Marketing Service RULES Fees for Rice Inspection Services and Removal of Specific Fee References, 5299-5302 2020-01205 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Improving Customer Experience, 5367-5368 2020-01651 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act:

CHEDE-8, 5477 2020-01752 Digital Manufacturing Design Innovation Institute, 5478 2020-01745 Integrated Photonics Institute for Manufacturing Innovation Operating under the Name of the American Institute for Manufacturing Integrated Photonics, 5477-5478 2020-01755 National Fire Protection Association, 5477 2020-01750 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Community Preventive Services Task Force, 5439-5440 2020-01732 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 5438-5441 2020-01621 2020-01622 2020-01623 2020-01619 2020-01620 National Center for Health Statistics, ICD-10 Coordination and Maintenance Committee, 5440-5441 2020-01756 Children Children and Families Administration RULES Secretarial Determination to Lower Head Start Center-Based Service Duration Requirement, 5332-5334 2020-00635 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Human Trafficking Training and Technical Assistance Center Evaluation Package, 5442-5443 2020-01608 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5401-5403 2020-01605 2020-01606 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Development Disabilities State Plan, 5443 2020-01664 Defense Department Defense Department See Engineers Corps NOTICES Meetings: Defense Science Board, 5403-5404 2020-01753 Drug Drug Enforcement Administration RULES Schedules of Controlled Substances: Extension of Temporary Placement of cyclopentyl fentanyl, isobutyryl fentanyl, para-chloroisobutyryl fentanyl, para-methoxybutyryl fentanyl, and valeryl fentanyl in Schedule I of the Controlled Substances Act, 5321-5323 2020-01683 PROPOSED RULES Schedules of Controlled Substances:

Placement of cyclopentyl fentanyl, isobutyryl fentanyl, para-chloroisobutyryl fentanyl, para-methoxybutyryl fentanyl, and valeryl fentanyl into Schedule I, 5356-5361 2020-01681 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application and Employment Certification for Public Service Loan Forgiveness, 5405-5406 2020-01715 Credit Enhancement for Charter School Facilities Program, 5405 2020-01694 Applications for New Awards:

Alaska Native and Native Hawaiian-Serving Institutions Program, 5407-5411 2020-01711 Meetings: National Advisory Council on Indian Education, 5406-5407 2020-01613 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interstate Arrangement for Combining Employment and Wages, 5478-5479 2020-01626 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Meetings:

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Mobile Sources Technical Review Subcommittee, 5427-5428 2020-01749 Release of a Final Document Related to the Review of the National Ambient Air Quality Standards for Particulate Matter, 5429-5430 2020-01682 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 5308-5313 2020-01633 2020-01634 Dassault Aviation Airplanes, 5313-5316 2020-01638 The Boeing Company Airplanes, 5304-5307 2020-01636 Amendment of Class E Airspace: Huntsville, AL, 5318-5320 2020-01567 Amendment of the Class D and Class E Airspace:

Meridian, MS, 5316-5318 2020-01568 Amendment of VOR Federal Airways V-148, V-177, and V-345: Vicinity of Ely, MN, and Hayward, WI, 5320-5321 2020-01569 PROPOSED RULES Amendment of Class D and E Airspace: Dallas-Fort Worth, Fort Worth, and Stephenville, TX, 5343-5346 2020-01587 Amendment of Class E Airspace: Ada, OK, 5352-5354 2020-01584 Cadiz, Caldwell, and Cambridge, OH, 5342-5343 2020-01582 Coffeyville, KS, 5349-5350 2020-01589 Ely, MN, 5354-5355 2020-01577 McAlester, Henryetta, and Poteau, OK, 5350-5352 2020-01575 Sweetwater, TX, 5346-5347 2020-01586 Establishment of Class E Airspace:

Owyhee, NV, 5348-5349 2020-01534 Federal Communications Federal Communications Commission PROPOSED RULES Petitions for Reconsideration of Action in Rulemaking Proceeding, 5366 2020-01657 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5430-5431, 5436-5437 2020-01733 2020-01734 Connect America Fund; Developing a Unified Intercarrier Compensation Regime, 5431-5436 2020-01658 Meetings: Disability Advisory Committee, 5431 2020-01663 Federal Deposit Federal Deposit Insurance Corporation RULES Regulatory Capital Rule:

Capital Simplification for Qualifying Community Banking Organizations; Corrections, 5303-5304 2020-00776 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Assistance Customer Satisfaction Surveys, 5461-5462 2020-01656 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5418-5423 2020-01692 Application:

Cornell Engineers for a Sustainable World, 5426-5427 2020-01688 Cornell University, 5412-5413 2020-01597 Duke Energy Carolinas, LLC, 5413-5414 2020-01602 Gridflex Energy, LLC, 5425-5426 2020-01691 Iroquois Gas Transmission System, L.P., 5423-5424 2020-01598 Upper Peninsula Power Co., 5416-5417 2020-01594 Combined Filings, 5411-5412, 5417-5418, 5425 2020-01591 2020-01592 2020-01678 Environmental Impact Statements; Availability, etc.: Magnolia LNG, LLC; Magnolia LNG Production Capacity Amendment, 5424-5425 2020-01693 Environmental Review:

Rover Pipeline, LLC; Wick Meter and Regulator Station Project, 5415 2020-01689 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Outlaw Wind Project, LLC, 5423 2020-01593 Order on Intent to Revoke Market-Based Rate Authority: Electric Quarterly Reports; Mint Energy, LLC; Westmoreland Partners; et al., 5414-5415 2020-01590 Staff Attendance: North American Electric Reliability Corp., 5426 2020-01599 Termination of License by Implied Surrender:

PB Energy, Inc., 5415-5416 2020-01690 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 5437-5438 2020-01665 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers; Exemption Applications: McKee Foods Transportation, LLC, 5532-5533 2020-01762 Parts and Accessories Necessary for Safe Operation; Exemption Applications: Robert Bosch, LLC and Mekra Lang North America, LLC, 5534-5535 2020-01763 Qualification of Drivers; Exemption Applications:

Hearing, 5533-5534 2020-01758 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 5535-5538 2020-01670 2020-01671 2020-01672 Program Approval: Norfolk Southern Railway Co., 5536 2020-01667 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 5438 2020-01666 Federal Transit Federal Transit Administration NOTICES Fiscal Year 2020 Competitive Funding Opportunity: Grants for Buses and Bus Facilities Program, 5538-5544 2020-01614 Passenger Ferry Grant Program, 5544-5549 2020-01615 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5446-5447 2020-01655 Guidance: Chemistry, Manufacturing, and Control Information for Human Gene Therapy Investigational New Drug Applications, 5447-5448 2020-01701 Human Gene Therapy for Hemophilia, 5444-5445 2020-01702 Human Gene Therapy for Rare Diseases, 5451-5452 2020-01704 Human Gene Therapy for Retinal Disorders, 5454-5455 2020-01703 Interpreting Sameness of Gene Therapy Products Under the Orphan Drug Regulations, 5445-5446 2020-01705 Long Term Follow-Up After Administration of Human Gene Therapy Products, 5452-5454 2020-01710 Testing of Retroviral Vector-Based Human Gene Therapy Products for Replication Competent Retrovirus During Product Manufacture and Patient Follow-up, 5448-5450 2020-01700 Requests for Nominations:

Voting Members for the Patient Engagement Advisory Committee, 5450-5451 2020-01659 Food and Nutrition Food and Nutrition Service NOTICES Request for Information: Special Supplemental Nutrition Program for Women, Infants and Children National Universal Product Code Database Next Steps, 5368-5369 2020-01696 Summer Food Service Program: 2020 Reimbursement Rates, 5369-5372 2020-01607 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Caterpillar, Inc., Foreign-Trade Zone 151, Calhoun/Victoria Counties, TX, 5372 2020-01726 Proposed Production Activity:

PPC Broadband, Inc., Foreign-Trade Zone 90, Syracuse, NY, 5372-5373 2020-01609 Reorganization under Alternative Site Framework: Foreign-Trade Zone 280, Caldwell, ID, 5372 2020-01727 General Services General Services Administration RULES Rules of Procedure of the Civilian Board of Contract Appeals; Technical Amendment, 5334-5335 2020-00762 Government Accountability Government Accountability Office NOTICES Request for Nominations: Physician-Focused Payment Model Technical Advisory Committee, 5438 2020-01699 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Guidelines for Determining the Probability of Causation under the Energy Employees Occupational Illness Compensation Program Act of 2000;

Technical Amendments, 5330-5332 2020-00636 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nurse Corps Loan Repayment Program, 5455-5456 2020-01713 Homeland Homeland Security Department See Federal Emergency Management Agency Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Arrow Canyon Solar Project on the Moapa River Indian Reservation, Clark County, NV, 5467-5469 2020-01708 Indian Entities Recognized and Eligible to Receive Services, 5462-5467 2020-01707 Interior Interior Department See Indian Affairs Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Return Due Date and Extended Due Date Changes, 5323-5327 2020-00467 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Carbazole Violet Pigment 23 from India, 5394-5396 2020-01695 Certain Fabricated Structural Steel from Canada, 5387-5390 2020-01719 Certain Fabricated Structural Steel from Mexico, 5381-5384 2020-01723 Certain Fabricated Structural Steel from the People's Republic of China, 5384-5387 2020-01721 Determination of Sales at Less Than Fair Value: Certain Fabricated Structural Steel from Canada, 5373-5376 2020-01718 Certain Fabricated Structural Steel from Mexico, 5390-5394 2020-01722 Certain Fabricated Structural Steel from the People's Republic of China, 5376-5381 2020-01720 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Blow-Molded Bag-In Container Devices, Associated Components, and End Products Containing or Using Same, 5476-5477 2020-01635 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Labor Standards for the Registration of Apprenticeship Program, 5480-5481 2020-01618 Section 503 of the Rehabilitation Act of 1973, as Amended, 5479-5480 2020-01627 VETS/USERRA/VP (VETS-1010 Form), 5481-5482 2020-01624 Vietnam Era Veterans' Readjustment Assistance Act, as Amended, 5482-5483 2020-01617 Management Management and Budget Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Improving and/or Reforming Regulatory Enforcement and Adjudication, 5483-5484 2020-01632 NASA National Aeronautics and Space Administration NOTICES Intent to Grant Partially Exclusive License, 5484-5485 2020-01712 National Credit National Credit Union Administration PROPOSED RULES Combination Transactions with Non-Credit Unions; Credit Union Asset Acquisitions, 5336-5342 2020-01538 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 5459-5460 2020-01639 2020-01735 National Cancer Institute, 5456-5457, 5459 2020-01736 2020-01737 National Eye Institute, 5458 2020-01738 2020-01739 National Institute of Allergy and Infectious Diseases, 5457-5460 2020-01640 2020-01641 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 5460-5461 2020-01741 National Institute of Dental and Craniofacial Research, 5458 2020-01744 National Institute on Aging, 5457 2020-01637 National Institute on Alcohol Abuse and Alcoholism, 5458-5459 2020-01740 National Institute on Drug Abuse, 5457, 5460 2020-01742 2020-01743 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Species:

Recovery Plans, 5396-5397 2020-01685 Take of Anadromous Fish, 5397-5401 2020-01684 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Historic Preservation Certification Application, 5474-5476 2020-01673 National Park Service Background Clearance Initiation Request, 5472-5473 2020-01677 National Park Service Concessions, 5469-5472 2020-01674 National Park Service Lost and Found Report, 5473-5474 2020-01675 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5485-5486 2020-01697 Meetings; Sunshine Act, 5486-5487 2020-01911 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Contractor Assignments, 5487-5488 2020-01746 Patent Patent and Trademark Office PROPOSED RULES Facilitating the Use of WIPO's ePCT System to Prepare International Applications for Filing with the United States Receiving Office, 5362-5366 2020-01765 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings:

Pipeline Research and Pipeline Research Forum, 5549-5550 2020-01631 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5488-5489 2020-01625 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 5516-5519 2020-01648 LCH SA, 5489-5491 2020-01649 Nasdaq PHLX, LLC, 5525-5531 2020-01647 New York Stock Exchange, LLC, 5511-5513 2020-01646 NYSE Arca, Inc., 5493-5500 2020-01645 Securities Investor Protection Corp., 5513-5516, 5519-5525 2020-01610 2020-01611 The Nasdaq Stock Market, LLC, 5500 2020-01642 The Options Clearing Corp., 5491-5493, 5500-5511 2020-01643 2020-01644 Small Business Small Business Administration RULES National Defense Authorization Acts, Recovery Improvements for Small Entities after Disaster Act, and Other Small Business Government Contracting;

Correction, 5304 2020-00756 Tennessee Tennessee Valley Authority NOTICES Environmental Impact Statements; Availability, etc.: North Alabama Utility-Scale Solar, 5531-5532 2020-01604 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5550-5554 2020-01716 2020-01731 2020-01754 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Treasury International Capital Forms BC, BL-1, BL-2, BQ-1, BQ-2, and BQ-3, 5552-5553 2020-01600 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 20 Thursday, January 30, 2020 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 868 [Doc.

No. AMS-FGIS-18-0088] RIN 0581-AD85 Fees for Rice Inspection Services and Removal of Specific Fee References AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule revises the regulations governing the sampling, inspection, weighing, and certification of rice performed under authority of the Agricultural Marketing Act of 1946 (AMA), as amended, by decreasing fees by 20 percent for fiscal year

(FY)2020 and by another 20 percent for FY 2021. These revisions are necessary to lower the balance in the program's operating reserve to a level adequate to cover three to six months' expenses. AMS is implementing the standardized AMS user-fee calculations used in other AMS programs for rice inspection services beginning in FY 2022. DATES: Effective January 30, 2020, and applicable beginning January 1, 2020. FOR FURTHER INFORMATION CONTACT: Denise Ruggles, FGIS Executive Program Analyst, AMS, USDA; Telephone:

(816)659-8406; Email: *Denise.M.Ruggles@usda.gov* . SUPPLEMENTARY INFORMATION: The AMA (7 U.S.C. 1621-1638) authorizes the Federal Grain Inspection Service

(FGIS)to provide official inspection and weighing services—on a user-fee basis—for rice (7 U.S.C. 1622(h)). The AMA provides for the assessment and collection of reasonable fees from the users of the services to cover, as nearly as practicable, the costs of the services rendered. AMS receives no directly appropriated funds to provide inspection and weighing services. AMS ability to provide these services depend on user fees. The fees reflect direct and indirect costs of providing services. Direct costs include employee salaries and benefits, and certain operating expenses, such as travel. Indirect overhead costs include expenses related to FGIS and AMS activities supporting the services provided to the industry, including administrative and supervisory expenses, rent, communication, utilities, contractual services, supplies, and equipment. The formula used to calculate the fee rates also includes the cost of building and maintaining an operating reserve, as required by AMS. Reserves are held to meet financial obligations in case of program closure or other unexpected events. AMS invited comments on the proposed rule identifying changes to the FGIS user fees for rice inspection and weighing services (84 FR 45439). AMS received no comments. The fees for rice inspection services were last revised in 2007 (72 FR 1931). The fee schedule at 7 CFR 868.91 provides for fee increases at set intervals, the most recent taking effect in October 2010 for the 2011 fiscal year and beyond. Although fees have not increased since then, the current fee structure has generated a recurring annual operating surplus for several years, resulting in an estimated reserve balance at the end of FY 2019 that would cover 21 months of rice inspection program expenses, exceeding AMS's target of maintaining funds to cover 3 to 6 months' expenses. Estimated monthly costs to operate the rice inspection program in FY 2019 are $457,000. Thus, AMS would consider an operating reserve of between $1.37 million and $2.74 million (3 and 6 times the monthly operating cost, respectively) at the end of FY 2019 to be appropriate. Financial data for the rice inspection program for fiscal years 2015 through 2019 is reviewed in Table 1. Table 1—Rice Program Financial Analysis [Millions of Dollars] * FY 15 FY 16 FY 17 FY 18 FY 19 ** Revenue $6.93 $5.79 $5.84 $5.50 $5.49 Obligations 5.13 5.36 5.44 5.39 5.48 Annual Surplus or (Deficit) 1.80 0.43 0.40 0.11 0.01 Operating Reserve—running balance 8.45 8.88 9.28 9.38 9.39 * Figures may not sum due to rounding and adjustments of prior year obligations. ** FY 2019 values are projections. As illustrated by Table 1, even though revenues have generally declined due to varying requests for service and increased efficiencies, and obligations have generally increased over the last five years due to inflation and costs of living adjustments, year-after-year surpluses have continued to increase. The result is an operating reserve running balance exceeding the range AMS deems appropriate. AMS addresses the surplus by reducing fees for rice inspection services by 20 percent across the board for FY 2020 and by another 20 percent for FY 2021. AMS expects that reducing fees in this manner would gradually reduce the balance in the reserve fund while also allowing FGIS to continue making strategic operational expenditures to meet industry expectations and achieve United States Department of Agriculture

(USDA)goals. The rates in this rule are for Federal inspection services only. Third-party inspection service providers establish their rates independently. Fees for fiscal years 2020 and 2021 are shown in Tables 2 and 3 below: Table 2—Hourly Rates/Unit Rate Per CWT Service 1 Regular workday (Monday- Saturday) Nonregular workday (Sunday and Holiday) FY 2020 (Effective 01/01/2020): Contract (per hour per Service representative) $49.40 $68.50 Noncontract (per hour per Service representative) 60.20 82.90 Export Port Services (per hundredweight) 2 0.059 FY 2021 (Effective 10/01/2020): Contract (per hour per Service representative) 39.50 54.80 Noncontract (per hour per Service representative) 48.20 66.30 Export Port Services (per hundredweight) 2 0.047 Table 3—Unit Rates Service 3 Inspection for quality (per lot, sublot, or sample inspection) FY 2020 effective 01/01/2020 FY 2021 effective 10/01/2020

(a)Rough rice $37.80 $30.20

(b)Brown rice for processing 32.50 26.00

(c)Milled rice 23.40 18.70 Factor analysis for any single factor (per factor):

(a)Milling yield (per sample) (Rough or Brown rice) 29.30 23.40

(b)All other factors (per factor) (all rice) 14.10 11.30 Total free and fatty acid 45.80 36.60 Stowage Examination (service-on-request):

(a)Ship (per stowage space) (minimum 5 spaces per ship) 40.40 32.30

(b)Subsequent ship examination (same as original) (minimum 3 spaces per ship) 40.40 32.30

(c)Barge (per examination) 32.40 25.90

(d)All other carriers (per examination) 12.40 9.90 For FY 2022 and beyond, AMS will determine rice inspection service fees by using the standardized formulas AMS has established for calculating user fees for Cotton, Dairy, Fruits and Vegetables, Meat and Livestock, Poultry, Science and Technology, and Tobacco. Established in 2014 (79 FR 67313), the standardized method enables AMS to use current information about resource needs and projected costs of providing services to update rates for services on an annual basis, thus better avoiding unexpected financial shortfalls or unintended reserve surpluses. AMS announces the fees pertaining to all the AMS inspection-related services for the coming year annually through a notice in the **Federal Register** by the preceding June 1. AMS posts the fees on the Agency's website for customer reference during the year. AMS believes this action for rice would help FGIS adjust the rice inspection reserve account as necessary and provide its customers with information they need for planning purposes. Once the reserve balance has reached an appropriate level, AMS anticipates that the standardized formula for fee rates will appropriately account for increases in the actual costs of providing inspection services. 1 Original and appeal inspection services include: Sampling, grading, weighing, and other services requested by the applicant when performed at the applicant's facility. 2 Services performed at export port locations on lots at rest. 3 Fees apply to determinations (original or appeals) for kind, class, grade, factor analysis, equal to type, milling yield, or any other quality designation as defined in the U.S. Standards for Rice or applicable instructions, whether performed singly or in combination at other than the applicant's facility. Currently, 7 CFR 868.91—Fees for certain Federal rice inspection services—provides the fees for rice inspections. Section 868.91 lists the fees in two tables: Hourly rates or per unit rates per hundredweight for contract and noncontract services, and unit rates for inspecting, analyzing, or providing other related services. The tables give annual rates effective in 2007, 2008, 2009, and 2010. The current rates have not been adjusted since October 1, 2010. AMS is removing the two tables from § 868.91 for FY 2020. AMS will publish instead reduced fees—as described in Tables 2 and Table 3 above—on the AMS website for FY 2020 and FY 2021. For FY 2022 and beyond, AMS adds a new § 868.91(b) specifying the formulas for calculating rice inspection fees on an annual basis. As with other programs, AMS would perform financial analyses each year to determine whether the current fees are adequate to recover the costs incurred by providing rice inspection services. AMS would use historical or prior year cost and workload data, along with applicable projections to generate estimates of future obligations and revenues. On the bases of these analyses and formulas, AMS would determine the rates necessary to sustain rice inspection program services. Using the formulas to calculate the fees, and reviewing the fees on an annual basis, would more accurately reflect the actual cost of providing inspection services each year and would provide greater transparency and predictability to the rice industry. AMS would publish the fees for each upcoming fiscal year in the annual AMS user-fee notice in the **Federal Register** by the preceding June 1. The yearly notice would include both the per-hour rates and the per-unit rates. Updated fees schedules would no longer appear in the Code of Federal Regulations but would be available on the AMS website. Calculations AMS will base salary, hours, and most factors used in the calculations on the prior year's actual costs, workload data, projection of expenses impacting program costs, cost of living increase, and inflation. AMS would base cost of living increase and inflation factors on the most recent economic data released by the Office of Management and Budget

(OMB)for budget development purposes. AMS would round the final rates up to make the amounts divisible by the quarter hour (15 minutes). Under the rate formulas, the minimum charge for services covered by the inspection fee rates would be for 15 minutes. As explained later in this document, the applicant requesting inspection service would be charged travel costs on an actual basis. AMS chose to use these formulas for rice inspection fees, so they would be consistent with the formulas used agency wide in other AMS programs. Currently, some rice inspection service fees are charged on a per hour basis, and some are charged on a per unit basis. AMS will continue providing costs on both bases to maintain continuity. As well, AMS would provide the specific amounts used to calculate each year's rates upon request. AMS adds a new paragraph § 868.91(b)(1) to include the formulas for calculating regular, overtime, and holiday fee rates for FY 2022 and succeeding fiscal years. AMS further adds a new paragraph § 868.91(b)(2) to include the component formulas for benefits, operating, and allowance for bad debt rates. Finally, AMS adds a new § 868.91(b)(3), which specifies that AMS will use the most recently released OMB economic data to generate the cost of living and inflation factors used in the above formulas. Travel Expense One factor that may have contributed to the operating reserve buildup over time is the incorporation of an allowance for travel expenses in the current rice inspection fee rates that may not have reflected actual travel costs. AMS addresses this by specifying in the fee calculation formulas that travel expenses related to providing inspection services, such as commercial transportation costs, mileage, and per diem, will be based on actual travel costs incurred to perform the service. The fee rate calculations in § 868.91(b) will specify that actual travel expenses for rice inspection services may be added to the cost of providing the service, consistent with current practice under most other AMS programs. This change will be applicable to fee rates beginning in FY 2022. As a conforming change, AMS removes the language in § 868.92(a)(2)—Explanation of service fees and additional fees, which makes specific reference to the inclusion of travel expenses in the current rice inspection fee calculations, as that language would be obsolete. Effective Date This is a substantive rule that relieves restrictions and, pursuant to the provisions of 5 U.S.C. 553, may be made effective less than 30 days after publication in the **Federal Register** . Retroactive implementation of this rule is necessary to provide relief to those persons who are adversely affected by being assessed a user fee rate higher than would be collected under this rule. Making this rule effective retroactively will allow interested producers and others in the marketing chain to benefit from the reduced user fee assessment immediately. Therefore, the Administrator of the Agricultural Marketing Service has determined that this rule should be effective retroactively starting January 1, 2020. Executive Orders 12866, 13563, and 13771 Executive Orders 12866—Regulatory Planning and Review, and 13563—Improving Regulation and Regulatory Review, 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 of reducing costs, harmonizing rules, and promoting flexibility. This rule does not meet the criteria of a significant regulatory action under Executive Order 12866 as supplemented by Executive Order 13563. Therefore, OMB has not reviewed this rule under those Orders. Additionally, because this rule does not meet the definition of a significant regulatory action under Executive Order 12866, it does not trigger the requirements contained in Executive Order 13771. See OMB's memorandum titled “Interim Guidance Implementing Section 2 of the E.O. of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs'” (February 2, 2017). AMS considered several alternatives to the changes in this rule, including making larger decreases to the FY 2020 and FY 2021 rates to bring the reserve balance down more quickly or making a larger fee rate decrease for FY 2020 only. Ultimately, AMS determined that the approach of making smaller—but still significant—reductions two years in a row before transitioning to the standardized fee calculations would be the alternative least disruptive to the industry while moving toward desirable reserve levels. AMS expects the changes to benefit the rice industry by reducing rates by 20% for each of the next two years and then adjusting rates as needed annually thereafter to reflect actual expenses related to rice inspections. Under the rule, rice inspection service users would likely enjoy further savings since most inspection sites are near FGIS field offices and charges for travel will be based on actual expenses rather than the standard flat amount incorporated into the current fee rates. AMS does not expect the rule to provide any environmental, public health, or safety benefits. AMS has not identified any costs related to this action. Executive Order 12988 This rule has been reviewed under Executive Order 12988—Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. No administrative proceedings would be required before parties could file suit in court challenging the provisions of this rule. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 804(2). Regulatory Flexibility Analysis Pursuant to the requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-602), AMS has considered the economic impact of this action on small entities. 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. There are approximately 169 applicants who receive rice inspection services. AMS estimates 42 percent of these users would be considered small businesses based on criteria established by the Small Business Administration (13 CFR 121.201) to differentiate between large and small business entities. SBA uses the North American Industry Classification System (NAICS) to categorize various industry businesses. SBA defines small rice farmers, NAICS code 111160, as those whose annual receipts do not exceed $750,000 and small rice millers, NAICS code 311212, as those with no more than 500 employees. When the current rice inspection fees were set in 2007, an 18 percent increase was implemented to cover program deficits caused by increases in employee salaries and benefits, the replacement of aging rice inspection equipment, and upgrading the information technology system used to generate certificates. The increase also was intended to create the operating reserve. However, as explained earlier in this document, revenues have continued to exceed expenditures, indicating that an adjustment to the fee schedule is now warranted. In addition, travel expenses were built into the hourly and unit fees currently charged by the program, resulting in higher than necessary revenues to cover the actual service provided. Changes to the fees will reduce the cost of rice inspections by 20 percent for all services in FY 2020 across the board, regardless of the business entity's size, for a projected savings of approximately $1.17 million to the industry. A further 20 percent reduction for FY 2021 will net approximately $2.13 million in savings to the industry. All entities using rice inspection services, large and small, would be expected to benefit from reduced expenses for these services. Savings would be proportionate to the number of inspection services an entity requests each year. Use of standardized AMS user-fee rate calculations for FY 2022 and beyond would benefit all inspection applicants, regardless of size, as fees would more closely reflect the current cost of inspections, and the fee calculation process would be more transparent. Through its annual review, AMS would be able to monitor the financial status of the rice inspection program to determine whether further adjustments are necessary. AMS has determined this rule would not have a significant economic impact on a substantial number of entities as defined under the RFA because fewer than half the applicants for rice inspection services meet the definition of small entities. Further, rice inspection and weighing services are provided upon request, and rice industry businesses are under no obligation to use these services. Finally, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Paperwork Reduction Act and E-Government Act In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and record keeping requirements of the rice inspection program have previously been approved by OMB under control number 0580-0013. No additional reporting, record keeping, or other compliance requirements would be imposed as a result of this rule. AMS is committed to complying with the E-Government Act (44 U.S.C. 3601, *et seq.* ), 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. List of Subjects in 7 CFR Part 868 Administrative practice and procedure, Agricultural commodities. For the reasons set out in the preamble, AMS amends 7 CFR part 868 as follows: PART 868—GENERAL REGULATIONS AND STANDARDS FOR CERTAIN AGRICULTURAL COMMODITIES 1. The authority citation for part 868 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 2. Revise § 868.91 to read as follows: § 868.91 Fees for certain Federal rice inspection services. The fees for services in paragraph

(a)apply to Federal inspection services. Starting with fiscal year 2022, calculations provided in paragraph

(b)will be used to determine annual fee rates.

(a)Fees for services are published on the Service's website.

(b)For each fiscal year, starting with 2022, the Administrator will calculate the rates for services, issue a public notice, and publish fees on the Service's website with an effective date of October 1 of each year.

(1)For each year, the Administrator will calculate the rates for services, per hour per inspection program employee using the following formulas:

(i)*Regular rate.* The Service's total inspection program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase, plus the benefits rate, plus the operating rate, plus the allowance for bad debt rate. If applicable, actual travel expenses may also be added to the cost of providing the service.

(ii)*Overtime rate.* The Service's total inspection program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase and then multiplied by 1.5, plus the benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, actual travel expenses may also be added to the cost of providing the service.

(iii)*Holiday rate.* The Service's total inspection program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase and then multiplied by 2, plus the benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, actual travel expenses may also be added to the cost of providing the service.

(2)For each year, based on previous year/historical actual costs, the Administrator will calculate the benefits, operating, and allowance for bad debt components of the regular, overtime, and holiday rates as follows:

(i)*Benefits rate.* The Service's total inspection program direct benefits costs divided by the total hours (regular, overtime, holiday) worked, which is then multiplied by the next year's percentage of cost of living increase. Some examples of direct benefits are health insurance, retirement, life insurance, and Thrift Savings Plan

(TSP)retirement basic and matching contributions.

(ii)*Operating rate.* The Service's total inspection program operating costs divided by total hours (regular, overtime, and holiday) worked, which is then multiplied by the percentage of inflation.

(iii)*Allowance for bad debt rate.* Total allowance for bad debt, divided by total hours (regular, overtime, holiday) worked.

(3)The Administrator will use the most recent economic factors released by the Office of Management and Budget for budget development purposes to derive the cost of living expenses and percentage of inflation factors used in the formulas in this section. § 868.92 [Amended] 3. Amend § 868.92 by removing paragraph (a)(2) and redesignating paragraphs (a)(3) through

(5)as paragraphs (a)(2) through (4), respectively. Dated: January 21, 2020. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2020-01205 Filed 1-29-20; 8:45 am]

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