Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-07-01.xml --- 85 127 Wednesday, July 1, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39567-39568 2020-14156 Agricultural Marketing Agricultural Marketing Service RULES Beef Promotion and Research; Reapportionment, 39461-39464 2020-12813 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service Centers Disease Centers for Disease Control and Prevention NOTICES Infectious Diseases and Circumstances Relevant to Notification Requirements:

Definition of Emergency Response Employee, 39568 2020-14201 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39568-39571 2020-14087 2020-14088 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39536-39537 2020-14127 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: AmeriCorps Enrollment and Exit Form, 39538-39539 2020-14104 2020-14112 Application Instructions for AmeriCorps State and National Competitive New and Continuation, 39539-39540 2020-14107 Volunteering and Civic Life Assessment: Current Population Survey Supplement, 39537-39538 2020-14098 Defense Department Defense Department NOTICES Arms Sales, 39542-39544 2020-14111 Privacy Act; Systems of Records, 39540-39542 2020-14222 Education Department Education Department See National Assessment Governing Board RULES CARES Act Programs;

Equitable Services to Students and Teachers in Non-Public Schools, 39479-39488 2020-14224 NOTICES Applications for New Awards: Educational Technology, Media, and Materials for Individuals with Disabilities—National Center to Improve Faculty Capacity to Use Educational Technology in Special Education, etc., 39545-39551 2020-13862 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Procedures for the Issuance of Guidance Documents, 39495-39503 2020-13458 NOTICES Request for Information:

Battery Critical Materials Supply Chain R and D, 39551-39552 2020-14166 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: New Hampshire; Single Source Order for PSI Molded Plastics, 39489-39491 2020-12957 Pesticide Tolerances: Cyflumetofen, 39491-39494 2020-13048 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: West Virginia; Redesignation of the Marshall Sulfur Dioxide Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan, 39505-39517 2020-13585 Tentative Approval of State Underground Storage Tank Program:

Commonwealth of Kentucky, 39517-39518 2020-13763 NOTICES Determinations of Light-duty Vehicle Alternative Greenhouse Gas Emissions Standards for Small Volume Manufacturers, 39561-39564 2020-14099 Farm Credit Farm Credit Administration RULES Margin and Capital Requirements for Covered Swap Entities, 39464-39470, 39754-39780 2020-14094 2020-14097 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: The Boeing Company Airplanes, 39470-39471 2020-13982 Amendment of Class E Airspace and Establishment of Class E Airspace Extension:

Port Angeles, WA, 39473-39475 2020-13210 Amendment of Class E Airspace: Durango, CO, 39472-39473 2020-14089 Establishment of Class E Airspace: Port Angeles, WA; Port Angeles, WA, 39475-39476 2020-14056 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 39503-39505 2020-14075 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39565-39566 2020-14152 Wireless Telecommunications Bureau Establishes a New Docket and Describes the Process for Comment on Space Station Operator Transition Plans, 39564-39565 2020-14091 Federal Deposit Federal Deposit Insurance Corporation RULES Margin and Capital Requirements for Covered Swap Entities, 39464-39470, 39754-39780 2020-14094 2020-14097 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39552-39553, 39557-39558 2020-14177 2020-14183 Application: Georgia Power Co., 39560-39561 2020-14187 Northern Natural Gas Co., 39556-39557 2020-14185 Rio Bravo Pipeline Company, LLC, 39554-39555 2020-14182 Scott's Mill Hydro, LLC, 39553-39554 2020-14176 Combined Filings, 39553, 39558-39559 2020-14159 2020-14161 Meetings: Midcontinent Independent System Operator, Inc.; Conference Call, 39559-39560 2020-14186 Request under Blanket Authorization:

El Paso Natural Gas Co., LLC, 39555-39556 2020-14184 Federal Housing Finance Agency Federal Housing Finance Agency RULES Margin and Capital Requirements for Covered Swap Entities, 39464-39470, 39754-39780 2020-14094 2020-14097 Federal Railroad Federal Railroad Administration NOTICES Buy America Exemption: Amtrak to Purchase Certain Non-Domestic Track Maintenance Equipment, 39661-39664 2020-14155 Funding Opportunity: Magnetic Levitation Deployment Projects, 39664-39671 2020-14142 Federal Reserve Federal Reserve System RULES Margin and Capital Requirements for Covered Swap Entities, 39464-39470, 39754-39780 2020-14094 2020-14097 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species:

Issuance of Enhancement of Survival and Incidental Take Permits for Safe Harbor Agreements, Candidate Conservation Agreements, Habitat Conservation Plans, and Recovery Activities; Correction, 39579 2020-14188 Food and Drug Food and Drug Administration RULES Guidance: Unique Device Identification: Policy Regarding Compliance Dates for Class I and Unclassified Devices and Certain Devices Requiring Direct Marking, 39477-39479 2020-14082 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Accreditation of Laboratories, Transactions, and Exemptions, 39519-39520 2020-14101 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 39683-39686 2020-14207 2020-14218 General Services General Services Administration NOTICES Meetings: Expansion and Modernization of the San Luis I Land Port of Entry, San Luis, AZ; Revised Draft Environmental Impact Statement, 39566-39567 2020-14103 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Medicare Program:

Administrative Law Judge Hearing Program for Medicare Claim and Entitlement Appeals; Quarterly Listing of Program Issuances, 39571-39573 2020-14203 Homeland Homeland Security Department See U.S. Customs and Border Protection Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Assistance and Social Services, 39579-39580 2020-14219 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39686-39687 2020-14169 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Advance Notification of Sunset Review, 39529 2020-14196 Calcium Hypochlorite from the People's Republic of China, 39522-39523 2020-14194 Carbon and Certain Alloy Steel Wire Rod from Mexico, 39527-39529 2020-14189 Certain Cold-Drawn Mechanical Tubing from India, 39529-39530 2020-14192 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China, 39520-39522 2020-14202 Emulsion Styrene-Butadiene Rubber from the Republic of Korea, 39534-39536 2020-14191 Initiation of Five-Year (Sunset) Reviews, 39526-39527 2020-14198 Opportunity to Request Administrative Review, 39531-39534 2020-14195 Prestressed Concrete Steel Wire Strand from the Republic of Turkey, 39522 2020-14199 Seamless Refined Copper Pipe and Tube from the People's Republic of China, 39523-39524 2020-14190 Truck and Bus Tires from the People's Republic of China, 39530-39531 2020-14193 Uncovered Innerspring Units from the Socialist Republic of Vietnam, 39524-39526 2020-14037 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Hand Trucks and Certain Parts Thereof from China, 39584-39587 2020-14124 Passenger Vehicle and Light Truck Tires from China, 39581-39584 2020-14125 Justice Department Justice Department NOTICES Proposed Consent Decree: Clean Water Act, 39587 2020-14179 Labor Department Labor Department See Wage and Hour Division Land Land Management Bureau NOTICES Public Land Order: Order No. 7895; San Diego Project 4 Modification, San Diego County, CA, 39580 2020-14205 Maritime Maritime Administration NOTICES Meetings:

U.S. Maritime Transportation System National Advisory Committee, 39671 2020-14204 NASA National Aeronautics and Space Administration NOTICES Meetings: Applied Sciences Advisory Committee, 39587 2020-14180 National Archives National Archives and Records Administration NOTICES Meetings: Office of Government Information Services, 39587-39588 2020-14178 Assesment National Assessment Governing Board NOTICES Meetings: National Assessment Governing Board, 39544 2020-13758 National Credit National Credit Union Administration NOTICES Strategies for Future Examination and Supervision Utilizing Digital Technology, 39588-39591 2020-14129 National Endowment for the Humanities National Endowment for the Humanities NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39591-39592 2020-14096 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Highway National Highway Traffic Safety Administration NOTICES Denial of Motor Vehicle Defect Petition, 39671-39672 2020-14157 Petition for Decision of Inconsequential Noncompliance: FCA US, LLC; AGC Glass Co. North America, 39673-39675 2020-14211 Hyundai Motor America, 39681-39683 2020-14217 Kia Motors America, Inc., 39676-39678 2020-14213 Nissan North America, Inc., 39678-39679 2020-14215 Toyota Motor North America, Inc., 39679-39681 2020-14214 Volkswagen Group of America, Inc., 39675-39676 2020-14212 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 39574-39575 2020-14165 National Institute of Mental Health, 39573 2020-14163 National Institute of Neurological Disorders and Stroke, 39573-39574 2020-14162 National Institute on Alcohol Abuse and Alcoholism, 39574 2020-14167 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Science Advisory Board, 39536 2020-14175 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Grants and Cooperative Agreement Provisions, 39598 2020-14174 Draft Regulatory Guide: Acceptability of Probabilistic Risk Assessment Results for Risk-Informed Activities, 39599-39600 2020-14197 License Amendment Request: Holtec Decommissioning International, LLC; Pilgrim Nuclear Power Station, 39592-39597 2020-14134 Ocean Energy Management Ocean Energy Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Operations in the Outer Continental Shelf for Minerals Other than Oil, Gas and Sulfur, 39580-39581 2020-14164 Postal Service Postal Service NOTICES International Product Change:

International Priority Airmail, Commercial ePacket, Priority Mail Express International, Priority Mail International and First-Class Package International Service Agreement, 39600, 39602 2020-14133 2020-14145 2020-14146 International Priority Airmail, Commercial ePacket, Priority Mail Express International, Priority Mail International and First-Class Package International Service with Reseller Agreement, 39600-39602 2020-14149 2020-14150 2020-14148 International Priority Airmail, International Surface Air Lift, Commercial ePacket, Priority Mail Express International, Priority Mail International and First-Class Package International Service with Reseller Agreement, 39600 2020-14147 Priority Mail Express International, Priority Mail International, First-Class Package International Service and Commercial ePacket Agreement, 39601 2020-14151 2020-14154 Presidential Documents Presidential Documents EXECUTIVE ORDERS Committees;

Establishment, Renewal, Termination, etc.: American Worker and the American Workforce Policy Advisory Board, Presidents National Council for the; Continuation (EO 13931), 39455 2020-14328 Government Organizations and Employees: Federal Employment; Candidate Assessment and Hiring Process, Modernization and Reform Efforts (EO 13932), 39457-39459 2020-14337 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39602-39603 2020-14109 Securities Securities and Exchange Commission RULES Updated Disclosure Requirements and Summary Prospectus for Variable Annuity and Variable Life Insurance Contracts;

Correction, 39476 2020-12902 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39639-39640 2020-14106 Application: Conversus StepStone Private Markets, et al., 39652-39658 2020-14122 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 39625-39639 2020-14121 Investors Exchange, LLC, 39649-39652 2020-14119 Municipal Securities Rulemaking Board, 39613-39619 2020-14115 Nasdaq BX, Inc., 39640-39644 2020-14117 Nasdaq ISE, LLC, 39603-39613 2020-14118 2020-14120 Nasdaq PHLX, LLC, 39619-39625 2020-14116 The Nasdaq Stock Market, LLC, 39645-39649 2020-14113 Small Business Small Business Administration NOTICES Interest Rates, 39658 2020-14123 Surface Transportation Surface Transportation Board NOTICES Acquisition and Continuance in Control Exemption:

MB Rail IB, LLC; Youngstown and Southeastern Railroad, LLC, 39659 2020-14168 Acquisition and Operation Exemption: Camp Chase Rail, LLC; Camp Chase Railway Company, LLC, 39658-39659 2020-14170 Youngstown and Southeastern Railroad, LLC; Youngstown and Southeastern Railroad Co., 39659-39660 2020-14144 Trade Representative Trade Representative, Office of United States NOTICES Review of Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute; Amendment, 39661 2020-14209 United States-Mexico-Canada Agreement Tariff Rate Quota:

Imports of Sugar Containing Products of Canada, 39660 2020-14172 Volume for Refined Sugar from Canada, 39660-39661 2020-14173 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service RULES Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada Uniform Regulations Regarding Rules of Origin, 39690-39751 2020-13865 Margin and Capital Requirements for Covered Swap Entities, 39464-39470, 39754-39780 2020-14094 2020-14097 Customs U.S.

Customs and Border Protection RULES Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada Uniform Regulations Regarding Rules of Origin, 39690-39751 2020-13865 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bonded Warehouse Proprietor's Submission, 39575-39576 2020-14158 Modification of the National Customs Automation Program Test Regarding Reconciliation for Filing Post-Importation Claims Arising under the Agreement Between the United States of America, the United Mexican States, and Canada, 39576-39579 2020-14200 Veteran Affairs Veterans Affairs Department NOTICES Requests for Nominations:

Advisory Committee on the Readjustment of Veterans, 39687-39688 2020-14153 Wage Wage and Hour Division RULES High-Wage Components of the Labor Value Content Requirements under the United States-Mexico-Canada Agreement Implementation Act, 39782-39817 2020-14014 Separate Parts In This Issue Part II Homeland Security Department, U.S. Customs and Border Protection, 39690-39751 2020-13865 Treasury Department, 39690-39751 2020-13865 Part III Farm Credit Administration, 39754-39780 2020-14097 Federal Deposit Insurance Corporation, 39754-39780 2020-14097 Federal Housing Finance Agency, 39754-39780 2020-14097 Federal Reserve System, 39754-39780 2020-14097 Treasury Department, 39754-39780 2020-14097 Part IV Labor Department, Wage and Hour Division, 39782-39817 2020-14014 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. 85 127 Wednesday, July 1, 2020 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1260 [Document No. AMS-LP-19-0012] Beef Promotion and Research; Reapportionment AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule. SUMMARY: This final rule adjusts representation on the Cattlemen's Beef Promotion and Research Board (Board), established under the Beef Promotion and Research Act of 1985 (Act), to reflect changes in domestic cattle inventories as well as changes in levels of imported cattle, beef, and beef products that have occurred since the Board was last reapportioned in July 2017. These adjustments are required by the Beef Promotion and Research Order (Order) and will result in an increase in Board membership from 99 to 101, effective with the Secretary of Agriculture's (Secretary) appointments for terms beginning early in the year 2021.

DATE: Effective July 31, 2020. FOR FURTHER INFORMATION CONTACT: 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; via telephone at

(202)253-8253; or by email at *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 retroactive effect. Section 11 of the 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 this regulation would not have substantial and direct efforts on Tribal governments or significant Tribal implications. Paperwork Reduction Act In accordance with OMB regulations (5 CFR 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 Board was initially appointed on August 4, 1986, pursuant to the provisions of the Act (7 U.S.C. 2901-2911), and the Order issued thereunder. Domestic representation on the Board is based on cattle inventory numbers, while importer representation is based on the conversion of the volume of imported cattle, beef, and beef products into live animal equivalencies. Reapportionment Section 1260.141(b) of the Order provides that the Board shall be composed of cattle producers and importers appointed by the Secretary from nominations submitted by certified producer and importer organizations. A producer may only be nominated to represent the State or unit in which that producer is a resident. Section 1260.141(c) of the Order provides that at least every 3 years, but not more than every 2 years, the Board shall review the geographic distribution of cattle inventories throughout the United States and the volume of imported cattle, beef, and beef products and, if warranted, shall reapportion units and/or modify the number of Board members from units in order to reflect the geographic distribution of cattle production volume in the United States and the volume of cattle, beef, or beef products imported into the United States. Section 1260.141(d) of the Order authorizes the Board to recommend to the Secretary modifications to the number of cattle per unit necessary for representation on the Board. Section 1260.141(e)(1) provides that each geographic unit or State that includes a total cattle inventory equal to or greater than 500,000 head of cattle shall be entitled to one representative on the Board. Section 1260.141(e)(2) provides that States that do not have total cattle inventories equal to or greater than 500,000 head shall be grouped, to the extent practicable, into geographically-contiguous units, each of which has a combined total inventory of not less than 500,000 head. Such grouped units are entitled to at least one representative on the Board. Each unit is entitled to an additional Board member for each additional 1 million head of cattle within the unit, as provided in § 1260.141(e)(4). Further, as provided in § 1260.141(e)(3), importers are represented by a single unit, with the number of Board members based on a conversion of the total volume of imported cattle, beef, or beef products into live animal equivalencies. The producer representation is based on an average of the inventory of cattle in the various States on January 1 in 2017, 2018, and 2019 as reported by U.S. Department of Agriculture's

(USDA)National Agricultural Statistics Service (NASS). The importer representation is based on a combined total average of the 2016, 2017, and 2018 live cattle imports as published by USDA's Economic Research Service

(ERS)and the average of the 2016, 2017, and 2018 live animal equivalents for imported beef and beef products. In considering reapportionment, the Board reviewed cattle inventories as of January 1 in 2017, 2018, and 2019, as well as cattle, beef, and beef product import data for the period of January 1, 2016, to December 31, 2018. The Board determined that an average of the inventory of cattle on January 1 in 2017, 2018, and 2019 best reflect the number of cattle in each State or unit since publication of the last reapportionment rule in 2017 (82 FR 27611). The Board reviewed data published by ERS to determine proper importer representation. The Board recommended the use of the average of a combined total of the 2016, 2017, and 2018 cattle import data and the average of the 2016, 2017, and 2018 live animal equivalents for imported beef products. The method used to calculate the total number of live animal equivalents was the same as that used in the previous reapportionment of the Board. The live animal equivalent weight was changed in 2006 from 509 pounds to 592 pounds (71 FR 47074). The Board's reapportionment plan increases the number of representatives on the Board from 99 to 101. From the Board's analysis of USDA cattle inventories and import equivalencies, Nebraska gains one Board seat, Texas gains one Board seat, and Wisconsin gains one Board seat. Geographic changes shall include dissolving the Southeast Unit so that Alabama and Georgia shall be stand-alone States that have enough inventory to each qualify for a position on the Board. South Carolina will be added to the Mid-Atlantic Unit. Maryland will move from the Mid-Atlantic Unit to the Northeast Unit, leaving South Carolina and West Virginia to make up the new Mid-Atlantic Unit, which will qualify for one member. The new Northeast Unit will qualify for one member and be composed of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Rhode Island, and Vermont. Importer representation will remain at seven. Representation of States and units affected by this final rule is as follows: State/unit Increase/decrease Current representation Revised representation Alabama +1 (moved from Southeast Unit) 0 1 Georgia +1 (moved from Southeast Unit) 0 1 Nebraska +1 6 7 Texas +1 12 13 Wisconsin +1 3 4 Mid-Atlantic Unit No change 1 1 Northeast Unit No change 1 1 Southeast Unit −3 3 0 Net Change +2 Note: The Southeast Unit shall dissolve. Alabama and Georgia, formerly of SE Unit will each have one member on the Board. South Carolina, formerly of SE Unit, moves to Mid-Atlantic Unit. Maryland moves from the Mid-Atlantic Unit and to the Northeast Unit leaving South Carolina and West Virginia to make up the new Mid-Atlantic Unit and qualify for one member. The new Northeast Unit continues to qualify for one member. In summary, the Board will be composed of 101 members (99−3 + 5 = 101). The Board reapportionment by this rulemaking will take effect with the Secretary's appointments to fill positions early in the year 2021. Summary of Comments AMS published the notice of proposed rulemaking in the **Federal Register** on December 30, 2019 (84 FR 71829). The comment period closed on February 28, 2020. AMS received three timely comments. Two of the three comments were outside the scope of the rule. One commenter supported the 12 to 13 representative increase in Texas. Final Regulatory Flexibility Act Pursuant to the requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ), AMS considered the economic effect of this action on small entities and determined that this final rule will not have a significant economic impact on a substantial number of small entities. 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. Effective August 19, 2019, the Small Business Administration

(SBA)published an interim final rule (84 FR 64013) 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. According to the 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 final 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 final rule. The original number of importing firms was determined in consultation with the Meat Import Council of America. AMS estimates that approximately 270 firms import beef or beef products, and veal and veal products into the United States, and about 198 firms 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 considered small businesses. 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. USDA's Foreign Agricultural Service reports monthly trade data for traded agricultural products by product type. An analysis of these data over a 5-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. The final rule imposes no new burden on the industry, as it only adjusts representation on the Board to reflect changes in domestic cattle inventory, as well as in cattle and beef imports. The adjustments are required by the Order and will result in an increase in Board membership from 99 to 101. AMS is committed to complying with the E-Government Act of 2002 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. List of Subjects in 7 CFR Part 1260 Administrative practice and procedure, Advertising, Agricultural research, Imports, Meat and meat products, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 1260 is amended 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 § 1260.141 by revising paragraph

(a)to read as follows: § 1260.141 Membership of Board.

(a)Beginning with the 2020 Board nominations and the associated appointments effective early in the year 2021, the United States shall be divided into 38 geographical units and 1 unit representing importers, for a total of 39 units. The number of Board members from each unit shall be as follows: Table 1 to Paragraph

(a)—Cattle and Calves 1 State/unit (1,000 Head) Directors 1. Alabama 1,313 1 2. Arizona 1,003 1 3. Arkansas 1,763 2 4. Colorado 2,850 3 5. Florida 1,670 2 6. Georgia 1,080 1 7. Idaho 2,430 2 8. Illinois 1,190 1 9. Indiana 877 1 10. Iowa 3,950 4 11. Kansas 6,350 6 12. Kentucky 2,153 2 13. Louisiana 800 1 14. Michigan 1,163 1 15. Minnesota 2,360 2 16. Mississippi 907 1 17. Missouri 4,317 4 18. Montana 2,567 3 19. Nebraska 6,683 7 20. New Mexico 1,473 1 21. New York 1,477 1 22. North Carolina 810 1 23. North Dakota 1,837 2 24. Ohio 1,303 1 25. Oklahoma 5,133 5 26. Oregon 1,303 1 27. Pennsylvania 1,613 2 28. South Dakota 3,967 4 29. Tennessee 1,820 2 30. Texas 12,600 13 31. Utah 807 1 32. Virginia 1,480 1 33. Wisconsin 3,500 4 34. Wyoming 1,317 1 35. Northwest Unit: • Alaska 15 • Hawaii 143 • Washington 1,163 Total 1,321 1 36. Northeast Unit: • Connecticut 48 • Delaware 16 • Maine 81 • Maryland 192 • Massachusetts 38 • New Hampshire 35 • New Jersey 29 • Rhode Island 5 • Vermont 260 Total 702 1 37. Mid-Atlantic Unit: • South Carolina 342 • West Virginia 397 Total 738 1 38. Southwest Unit: • California 5,167 • Nevada 460 Total 5,627 6 39. Importers Unit 2 6,874 7 1 2017, 2018, and 2019 average of January 1 cattle inventory data. 2 2016, 2017, and 2018 average of annual import data. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2020-12813 Filed 6-30-20; 8:45 am]

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