Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-07-28.xml --- 85 145 Tuesday, July 28, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45429-45431 2020-16341 Agency Agency for International Development NOTICES Senior Executive Service: Membership of Performance Review Board, 45369 2020-16287 Agricultural Marketing Agricultural Marketing Service RULES Administrative Procedures Governing Formulation of a Research and Promotion Order, 45303-45306 2020-15412 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service See Forest Service NOTICES Agency Information Collection Activities;

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Ethalfluralin, 45336-45341 2020-16266 Permethrin, 45329-45336 2020-14419 Significant New Use Rules on Certain Chemical Substances (19-6.B), 45321-45327 2020-14513 State Plans for Designated Facilities and Pollutants; Approvals and Promulgations: Arizona; Control of Emissions From Existing Municipal Solid Waste Landfills, 45327-45329 2020-15499 NOTICES Certain New Chemicals: Receipt and Status Information for June 2020, 45416-45424 2020-16288 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Air Tractor, Inc. Airplanes, 45347-45350 2020-16209 Airbus SAS Airplanes, 45350-45352 2020-16170 Gulfstream Aerospace Corp. Airplanes, 45345-45347 2020-16211 Piper Aircraft, Inc. Airplanes, 45353-45355 2020-16207 Robinson Helicopter Co. Helicopters, 45360-45363 2020-16188 The Boeing Company Airplanes, 45355-45360 2020-16203 2020-16210 NOTICES Land Release Request: Malden Regional Airport and Industrial Park, Malden, MO, 45459-45460 2020-16311 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

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Saint Solar, LLC, 45413 2020-16309 Sugar Creek Wind One, LLC, 45416 2020-16306 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies; Withdrawal, 45425 2020-16344 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45427-45429 2020-16301 Early Termination of the Waiting Period under the Premerger Notification Rules, 45425-45427 2020-16310 Federal Transit Federal Transit Administration NOTICES Funding Opportunity:

Grants for Pilot Program for Expedited Project Delivery, 45460-45465 2020-16342 Food and Drug Food and Drug Administration RULES New Animal Drugs: Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Applications; Change of Sponsor, 45306-45311 2020-15760 Withdrawal of Approval of Abbreviated New Animal Drug Application, 45311 2020-15761 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Salmonella Initiative Program, 45370-45371 2020-16250 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 45469 2020-16313 Foreign Trade Foreign-Trade Zones Board NOTICES Approval of Subzone Status: LiCAP Technologies, Sacramento, CA, 45373 2020-16329 Subzone Expansion; Application: Plaza Warehousing and Realty Corp., Foreign-Trade Zone 61, San Juan, PR, 45373 2020-16324 Forest Forest Service NOTICES Environmental Impact Statements;

Availability, etc.: Kemmerer Ranger District; Wyoming; Kemmerer Grazing and Vegetation Management Project; Withdrawal, 45371-45372 2020-16305 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard Indian Affairs Indian Affairs Bureau NOTICES Meetings: Advisory Board of Exceptional Children, 45437-45438 2020-16272 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Magnesia Carbon Bricks From the People's Republic of China, 45375-45377 2020-16328 Crystalline Silicon Photovoltaic Products From the People's Republic of China, 45373-45375 2020-16326 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico, 45375 2020-16327 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Consent Decree: Clean Water Act, 45444-45445 2020-16299 Land Land Management Bureau NOTICES Environmental Impact Statements;

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Catch Sharing Plan; Inseason Action, 45341-45343 2020-16345 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region and Reef Fish Resources of the Gulf of Mexico; Possession Limits for Federally-Permitted Charter Vessels and Headboats, 45363-45366 2020-15522 Fisheries of the Exclusive Economic Zone Off Alaska: Central Gulf of Alaska Rockfish Progra; Amendment 111, 45367-45368 2020-16315 NOTICES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition To List the Dwarf Seahorse as Threatened or Endangered Under the Endangered Species Act, 45377-45389 2020-16335 Takes of Marine Mammals Incidental to Specified Activities:

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Proposed Rule Changes: NYSE American, LLC, 45456-45458 2020-16265 NYSE Chicago, Inc., 45453-45454 2020-16264 NYSE National, Inc., 45454-45456 2020-16262 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45458-45459 2020-16318 Surface Transportation Surface Transportation Board NOTICES Discontinuance of Service Exemption: Wisconsin Central, Ltd. in Barron County, WI, 45459 2020-16331 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration NOTICES Non-Traditional and Emerging Transportation Technology Council, 45468-45469 2020-16317 Treasury Treasury Department See Foreign Assets Control Office See Office of Investment Security NOTICES Multiemployer Pension Plan Application To Reduce Benefits, 45470 2020-16283 Veteran Affairs Veterans Affairs Department NOTICES Charter Renewals:

Advisory Committee, 45470-45471 2020-16256 Cost-Based and Inter-Agency Billing Rates for Medical Care or Services; Fiscal Year 2021, 45471-45473 2020-16323 Separate Parts In This Issue Part II Environmental Protection Agency, 45476-45504 2020-13397 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. 85 145 Tuesday, July 28, 2020 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1200 [Doc.

No. AMS-SC-19-0105] Administrative Procedures Governing Formulation of a Research and Promotion Order AGENCY: Agricultural Marketing Service, Agriculture (USDA). ACTION: Final rule. SUMMARY: This rule establishes procedures to govern the formulation of new research and promotion programs—or orders—under the Commodity Promotion, Research, and Information Act of 1996 (Act). Research and promotion programs are administered by boards or councils with oversight by the United States Department of Agriculture (USDA).

This rule specifies the process for proposing such programs to USDA. It also clarifies that USDA's Agricultural Marketing Service

(AMS)will continue to require associations of producers or individuals proposing new programs to post a bond or other collateral to reimburse USDA for the costs of program development. DATES: *Effective date:* August 27, 2020. FOR FURTHER INFORMATION CONTACT: Heather Pichelman, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone:

(202)720-9915; facsimile:

(202)205-2800; or electronic mail: *Heather.Pichelman@usda.gov.* SUPPLEMENTARY INFORMATION: As authorized under the Act, this final rule adds a new subpart D to 7 CFR part 1200—Rules of Practice and Procedure Governing Proceedings Under Research, Promotion, and Information Programs. Subpart D addresses procedures specific to the formulation of new programs under the Act. 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 action falls within a category of regulatory actions that the Office of Management and Budget

(OMB)exempted from Executive Order 12866 review. Additionally, because this rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017). Executive Order 13175 This 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 effects on Tribal governments and would not have significant Tribal implications. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. 7 U.S.C. 7423 provides that the Act shall not affect or preempt any other Federal or State law authorizing promotion or research relating to an agricultural commodity. Background This final rule establishes procedures to govern the formulation of new research and promotion programs under the Act. This rule also clarifies that AMS will continue to require associations of producers or individuals proposing new programs to post a bond or other collateral to reimburse USDA for the costs of program development. Title 7 U.S.C. 7413(b)(1)(B) authorizes associations of producers of an agricultural commodity or other individuals to petition USDA to establish a research, promotion, and/or information program with respect to that commodity. The purpose of such programs is to provide a framework for agricultural industries to pool their resources and combine efforts to develop new markets, strengthen existing markets, and conduct important research and promotion activities. *See* 7 U.S.C. 7411(b). USDA's Agricultural Marketing Service

(AMS)oversees these programs. With this final rule, AMS is establishing the following procedures for formulating new programs so interested parties are aware of the process and requirements. Under § 1200.202(a), an industry association or individuals may file a written proposal for a new research and promotion program with the AMS Administrator (Administrator). Under § 1200.202(b), the Administrator will consider whether there is broad industry support for the proposed program and whether proposed provisions of the program are authorized under the Act. The Administrator will also evaluate anticipated benefits to the industry and the economic feasibility of the program. Finally, the Administrator will consider whether the proposed program would tend to effectuate the declared policy of the Act. Under § 1200.202(c), if the Administrator determined that the program will not effectuate the policy of the Act, AMS will deny the proposal and would notify the proponent(s), explaining the grounds for denial. Under § 1200.202(d), if the Administrator determined that the proposed program will likely effectuate the purposes of the Act by benefitting producers, handlers, and importers of the commodity, or others in the marketing chain, the Administrator will notify the proponent(s) that AMS will proceed with program development and, in accordance with § 1200.204, the proponent(s) will be required to post a bond or other collateral to cover AMS expenses to develop the program. The Act provides that once a board is established under an order, the Secretary of Agriculture (Secretary) must be reimbursed for all expenses incurred in the implementation, administration, and supervision of the order, including all referenda costs incurred in connection with the order. The board uses assessment funds collected from regulated entities to reimburse the Secretary for program oversight. However, AMS incurs substantial expenses in the development process leading to program establishment. AMS may conduct industry outreach meetings, solicit public input, analyze economic data, draft rulemaking documents, and conduct initial referenda. These activities are necessary to progress toward program establishment. Typical expenses for these preliminary activities may include, but not be limited to, employee time and travel, supplies, printing, and mailing. In some cases, the proponent industry may elect to defer an initial referendum for up to three years after the program is established. In other cases, despite all efforts of the proponent and AMS to develop a new program, ultimately the proposed program may not be established. Nevertheless, under either of these scenarios, AMS will have already incurred expenses related to program development. Section 7417(a)(2) of the Act provides that the Secretary can require the industry seeking a new program to post a bond or other collateral to cover the cost of the initial referendum. In § 1200.201, this rule defines *cost of the referendum* to mean all the expenses AMS incurs in the development of a potential new program, including the cost of conducting an initial referendum. The amount of the bond or collateral required under § 1200.204 will be based on unique factors like the projected number of staff hours involved, the amount of staff travel necessary for outreach, the size and complexity of the proposed program, and the number of industry members to be polled in an initial referendum. This will ensure that AMS will be reimbursed on a timely basis for all expenses related to program development, even if the initial referendum is deferred or if the program is not established. Section 1200.202(e) of this rule specifies that once AMS has worked with industries or individuals to develop a proposed order, AMS will publish the proposal in the **Federal Register** to allow public comments on the proposed program. Based on comments, AMS will determine whether to proceed with program establishment. Under § 1200.203 of this rule, if AMS determined to proceed with program establishment, the Administrator could conduct an initial referendum among the producers, handlers, and importers who would be subject to assessment under the program in order to determine whether they favor establishment of the program. The Act provides that USDA could also establish the program and defer the initial referendum for up to three years after the program is established. *See* 7 U.S.C. 7417(b). In either case, referendum voters will be those entities who, during a representative period determined by the Administrator, produced, handled, and/or imported the agricultural commodity. For referendum expenses incurred after a program is established, the Secretary will be reimbursed by the board appointed to administer the program, as provided by the Act. *See* 7 U.S.C. 7417(f). Under § 1200.205 of this rule, if at any time during the development process, based on public comments, referendum votes, or other information available, AMS determines that the proposed program will not tend to effectuate the policy of the Act, the Administrator will terminate proceedings and will collect reimbursement for program development expenses from the bond or collateral posted by the program proponent(s). This rule will also make other administrative provisions related to the establishment of a new program. Section 1200.201 will define other terms necessary for administration of the regulation. Section 1200.206 will provide for the issuance, effectuation, and publication of the new order. Final Regulatory Flexibility Act Analysis The Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612) requires agencies to consider the economic impact of each rule on small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The purpose of research and promotion programs is to benefit all sizes of producers, handlers, and importers of an agricultural commodity. The Act makes it possible for producer associations or other individuals engaged in specific agricultural commodity industries to submit a proposal for a new program. It is impossible for AMS to determine which industries may seek research and promotion programs in the future or to determine the number or size of business entities that might propose such programs. The expenses necessary for each program's development depend on factors such as projected staff hours to develop the program, travel expenses related to outreach, size and complexity of the proposed program, and the size of the industry to be polled in a referendum. Based on its experience with past program proposals, AMS estimates that expenses for typical program development range from $80,000 to $150,000. Thus, under this rule, proponents could be required to post bonds or other collateral to cover those amounts if AMS agrees to proceed with program development. Costs to individuals or businesses will depend on the number of entities in each proponent group. Given that we don't know the identity or business size of future program proponents, AMS cannot determine what economic impact this rule might have on small entities. Based on experience with proponents seeking to establish new programs under the Act, AMS believes that this rule is unlikely to have a significant economic impact on a substantial number of small entities. There will be no new direct costs associated with the implementation of this rule. This rule codifies procedures for proposing new research and promotion programs that have been practiced since the Act's adoption in 1996. In addition to specifying the program proposal process, the rule clarifies that the cost of the referendum to be covered by the required bond or collateral would include all the costs associated with program development. Paperwork Reduction Act No information collection or recordkeeping requirements are imposed on the public by this rule. Accordingly, OMB clearance is not required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, Chapter 35. As with all Federal research and promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. E-Government Act AMS is committed to complying with the E-Government Act, 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. A proposed rule concerning this action was published in the **Federal Register** on April 27, 2020 (85 FR 23246). A 30-day comment period ending on May 27, 2020, was provided to allow interested persons to respond to the proposal. The proposal was also made available through the internet by USDA and the Office of the Federal Register. Analysis of Comments Two comments were received in response to the proposed rule. Of those comments, only one was substantive and related to this proposed rule. This commenter expressed a concern about the proposal. The commenter called the proposed rule a ridiculous idea. AMS initiated this rule because it incurs substantial expenses in the development process leading to program establishment. The Act already requires the Secretary to be reimbursed for all expenses incurred in the implementation, administration, and supervision of the order, including all referenda costs incurred in connection with the order after a board has been established. This rule added expenses AMS incurs to develop a program to this requirement. AMS has been requiring associations of producers or individuals proposing new programs to post a bond or other collateral to reimburse USDA for the costs of program development. This rule codifies this procedure, along with others, for proposing new research and promotion programs. These procedures have been practiced since the Act's adoption in 1996. Therefore, no changes have been made to this rule based on the comment. A definition of “Secretary” has been added to the Definitions section to provide clarity. After consideration of all relevant matters presented, including the information and recommendation submitted by the Board, the comments received, and other relevant information, it is hereby found that this rule, as hereinafter set forth, is consistent with and would effectuate the purposes of the Act. List of Subjects in 7 CFR Part 1200 Administrative practice and procedure, Agricultural research, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, AMS amends 7 CFR part 1200 as follows: PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS 1. The authority citation for part 1200 continues to read as follows: Authority: 7 U.S.C. 2101-2119, 2611-2627, 2701-2718, 2901-2911, 4501-4514, 4801-4819, 4901-4916, 6101-6112, 6301-6311, 6401-6417, 7411-7425, 7481-7491, and 7801-7813. 2. Add subpart D, consisting of §§ 1200.200 through 1200.206, to read as follows: Subpart D—Administrative Procedures Governing Formulation of a Research and Promotion Order Sec. 1200.200 General. 1200.201 Definitions. 1200.202 Proposals. 1200.203 Initial referendum. 1200.204 Reimbursement of Secretary's expenses. 1200.205 Termination of proceedings. 1200.206 Execution of the order. Authority: 7 U.S.C. 7411-7425. § 1200.200 General. The terms defined/specified in this subpart shall apply to all research and promotion programs authorized under the Act. § 1200.201 Definitions. *Act* means the Commodity Research, Promotion, and Information Act of 1996 (7 U.S.C. 7411-7425). *Administrator* means the Administrator of the Agricultural Marketing Service or any officer or employee of the United States Department of Agriculture to whom authority has been delegated or may hereafter be delegated to act for the Administrator. *Cost of the Referendum* means all USDA expenditures related to development of an order proposal, including, but not limited to, salaries, travel, supplies, printing, mailing, and shipping, and any costs related to an initial referendum. *Order* means any order which may be issued pursuant to the Act. *Secretary* means the United States Secretary of Agriculture or any officer or employee of the United States Department of Agriculture to whom authority has been delegated or may hereafter be delegated to act for the Secretary. § 1200.202 Proposals.

(a)An order may be proposed by any association of producers of an agricultural commodity, by any person that may be affected by the issuance of an order with respect to an agricultural commodity, or by the Secretary. Any person or organization other than the Secretary proposing an order shall file with the Administrator a written proposal.

(b)Upon receipt of a proposal, the Administrator shall investigate and evaluate the proposal.

(c)If the proposal is submitted by an association of producers of the agricultural commodity or by any person that may be affected by the issuance of an order, and the investigation and consideration lead the Administrator to conclude that the proposed order will not tend to effectuate the declared policy of the Act, the Administrator shall deny the proposal. The Administrator will promptly notify the proponent(s) of such denial, which will be accompanied by a brief statement of the grounds for the denial.

(d)If the proposal was submitted by an association of producers of the agricultural commodity or by any person that may be affected by the issuance of an order and the investigation and consideration lead the Administrator to conclude that an order will tend to effectuate the declared policy of the Act, the Administrator will promptly notify the proponent(s) of such conclusion, and the proponent(s) will be required to post a bond or other collateral in accordance with § 1200.204.

(e)If the Administrator concludes that an order will tend to effectuate the declared policy of the Act, the Administrator shall publish the proposed order in the **Federal Register** and give due notice and opportunity for public comment on the proposed order. § 1200.203 Initial referendum. For the purpose of ascertaining whether the persons to be covered by an order favor the order going into effect, the Administrator may conduct an initial referendum among persons to be subject to an assessment under the order who, during a representative period determined by the Administrator, engaged in the production or handling of the agricultural commodity or the importation of the agricultural commodity. § 1200.204 Reimbursement of Secretary's expenses. The Administrator may require any person or organization proposing an order to post a bond or other collateral to cover the cost of the referendum as defined in § 1200.201. § 1200.205 Termination of proceedings. If at any time during development of a new program the Administrator concludes, based on public comments, referendum votes, or other available information, that an order will not tend to effectuate the declared policy of the Act, the Administrator shall terminate the proceedings and collect reimbursements from the bond or other collateral posted pursuant to § 1200.204 for any expenses incurred in development of the proposed program. § 1200.206 Execution of the order.

(a)*Issuance of the order.* The Administrator shall, if the Administrator finds that it will tend to effectuate the purposes of the Act, issue the final order.

(b)*Effective date of order.* No order shall become effective in less than 30 days after its publication in the **Federal Register** , unless the Administrator, upon good cause found and published with the order, fixes an earlier effective date.

(c)*Notice of issuance.* After the Administrator issues the order, AMS will publish notice of the order's issuance in the **Federal Register** . Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2020-15412 Filed 7-27-20; 8:45 am]

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