Unknown. Direct final action

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-08-05.xml --- 85 151 Wednesday, August 5, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47374-47376 2020-17013 Agricultural Marketing Agricultural Marketing Service RULES National Dairy Promotion and Research Program: National Dairy Promotion and Research Board Importer Representation, 47293-47295 2020-15134 PROPOSED RULES Marketing Order:

Walnuts Grown in California, 47305-47317 2020-15135 National Organic Program: Strengthening Organic Enforcement, 47536-47592 2020-14581 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service Antitrust Division Antitrust Division NOTICES Changes Under the National Cooperative Research and Production Act: Cooperative Research Group on ROS-Industrial Consortium Americas, 47404 2020-17048 Space Enterprise Consortium, 47404 2020-17049 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings, 47376 2020-17094 Centers Medicare Centers for Medicare;

Medicaid Services RULES Medicare Program: Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Updates to the Value-Based Purchasing Program for Federal Fiscal Year 2021, 47594-47633 2020-16900 Children Children and Families Administration NOTICES Revised Procedures and Standards: Home Visiting Evidence of Effectiveness Review, 47376-47384 2020-17001 Updated Defintions, Rules, and Procedures Related to Model Versions: Home Visiting Evidence of Effectiveness Review, 47384-47388 2020-16992 Civil Rights Civil Rights Commission NOTICES Meetings:

Hawai'i Advisory Committee, 47339-47340 2020-17082 Texas Advisory Committee, 47340 2020-17083 Washington Advisory Committee, 47340-47341 2020-17084 Coast Guard Coast Guard PROPOSED RULES Drawbridge Operations: Indiana Harbor Canal, East Chicago, IN, 47328-47330 2020-15887 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47341-47342 2020-16984 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Adoption of Revised Notice of Exemption, 47359-47361 2020-17046 Energy Department Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration PROPOSED RULES Energy Conservation Program: Standards for Metal Halide Lamp Fixtures, 47472-47506 2020-14540 NOTICES Orders: Fuel Market, LP, BP Canada Energy Marketing Corp., Sabine Pass Liquefaction, LLC, et al., 47361-47362 2020-17068 Environmental Protection Environmental Protection Agency PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List: Deletion of the Cimarron Mining Corporation Superfund Site, 47331-47333 2020-16274 Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (June 2019), 47330-47331 2020-16459 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Administrative Requirements for Assistance Programs, 47370-47372 2020-17102 Air Pollution Control Cost Manual; Updated Chapter, 47372-47373 2020-17065 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Pilatus Aircraft Ltd. Airplanes, 47295-47297 2020-16989 Sikorsky Aircraft Corporation Helicopters, 47297-47300 2020-16405 Limited Extension of Relief for Certain Persons and Operations During the Coronavirus Disease 2019 Public Health Emergency; Correction, 47295 2020-16060 PROPOSED RULES Amendment of Class E Airspace: Petersburg, WV, 47321-47322 2020-16921 Amendment of Multiple Air Traffic Service

(ATS)Routes: Northcentral United States, 47317-47321 2020-16920 Establishment of Class E Airspace: Norway, ME, 47322-47323 2020-16919 NOTICES Request for Review: Noise Compatibility Program, 47464-47465 2020-17014 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 47367-47370 2020-17074 2020-17075 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: All Choice Energy, LLC, 47367 2020-17072 Request Under Blanket Authorization: Bluewater Gas Storage, LLC, 47370 2020-17077 Columbia Gas Transmission, LLC, 47368-47369 2020-17073 Revocation of Exemption and Soliciting Comments, Motions To Intervene, and Protests: Gary and Rita Hall, 47366 2020-17076 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers; Exemption Applications: Turfgrass Producers International, 47465-47466 2020-17087 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 47467-47469 2020-17027 2020-17028 2020-17029 2020-17057 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 47373-47374 2020-17069 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, 47333-47337 2020-17002 NOTICES Permit Application: Incidental Take; Proposed Habitat Conservation Plan for the Florida Scrub-Jay, Volusia County, FL; Categorical Exclusion, 47397 2020-16977 Incidental Take; Proposed Habitat Conservation Plan for the Florida Scrub-Jay, Volusia County, FL; Categorical Exclusion, 47396 2020-16983 Incidental Take; Proposed Habitat Conservation Plan for the Sand Skink, Orange County, FL; Categorical Exclusion, 47397-47400 2020-16978 2020-16979 2020-16980 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Postmarketing Safety Information Sharing by Constituent Part Applicants for Combination Products, 47389-47390 2020-17041 Pilot Program for Request for Designation and Pre-Request for Designation Electronic Submissions, 47389 2020-17039 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47338-47339 2020-17047 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 Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Housing Counseling Program: Revision of the Certification Timeline, 47300-47304 2020-17138 NOTICES Mortgage and Loan Insurance Programs Under the National Housing Act: Debenture Interest Rates, 47394-47396 2020-17066 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Library Administrative Agency, Fiscal Year 2020-2022, 47429-47430 2020-17025 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Public Hearing: Effect of Section 67(g) on Trusts and Estates; Cancellation, 47323-47324 2020-17126 Small Business Taxpayer Exceptions Under Sections 263A, 448, 460 and 471, 47508-47534 2020-16364 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusions From the People's Republic of China, 47349-47353 2020-17071 Amorphous Silica Fabric From the People's Republic of China, 47348-47349 2020-17032 Certain Metal Lockers and Parts Thereof From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 47343-47348 2020-17064 Certain Metal Lockers and Parts Thereof From the People's Republic of China, 47353-47357 2020-17031 Emulsion Styrene-Butadiene Rubber From Brazil, 47342-47343 2020-17030 Determination in the Less-Than-Fair-Value Investigation: Certain Vertical Shaft Engines Between 99cc and up to 225cc, and Parts Thereof From the People's Republic of China, 47357-47358 2020-17033 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Chassis From China, 47400-47402 2020-17055 Complaint: Certain Blowers and Components Thereof, 47402-47403 2020-17097 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Advisory Committee on Appellate Rules, 47403 2020-17004 Advisory Committee on Bankruptcy Rules, 47403 2020-17005 Advisory Committee on Civil Rules, 47403 2020-17006 Advisory Committee on Evidence Rules, 47403 2020-17007 Justice Department Justice Department See Antitrust Division PROPOSED RULES Manner of Federal Executions, 47324-47327 2020-15039 Labor Department Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Fee Adjustments: Use Authorizations; Special Recreation Permits, Other Than on Developed Recreation Sites, 47400 2020-17052 Mine Mine Safety and Health Administration NOTICES Petitions for Modification: Application of Existing Mandatory Safety Standards, 47404-47421 2020-17017 2020-17018 NASA National Aeronautics and Space Administration NOTICES Meetings: Technology, Innovation and Engineering Committee, 47429 2020-17070 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 47392-47393 2020-17021 Helping To End Addiction Long-Term Multi-Disciplinary Working Group, 47390-47391 2020-17022 National Human Genome Research Institute, 47393 2020-17101 National Institute of Allergy and Infectious Diseases, 47391 2020-17020 National Institute of Neurological Disorders and Stroke, 47391-47392 2020-17023 National Institute on Alcohol Abuse and Alcoholism Initial Review Group Neuroscience Review Subcommittee, 47392 2020-17099 National Library of Medicine, 47391, 47393-47394 2020-17024 2020-17095 2020-17096 Prospective Grant of Exclusive Patent License: Development and Commercialization of Therapies to Treat IGF-1 Deficiency and Achondroplasia, 47394 2020-17098 Energy National Nuclear National Nuclear Security Administration NOTICES Environmental Impact Statements; Availability, etc.: Continued Operation of the Lawrence Livermore National Laboratory, 47362-47366 2020-17054 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2020 Commercial Accountability Measure and Closure for South Atlantic Blueline Tilefish, 47304 2020-17111 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, 47333-47337 2020-17002 NOTICES Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Year 2018, 47358-47359 2020-17100 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Application for Permanent Variance and Interim Order: Gestamp West Virginia, 47422-47429 2020-17019 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 47430-47431 2020-17137 Product Change: Priority Mail Express and Priority Mail Negotiated Service, 47430 2020-17105 Priority Mail Negotiated Service Agreement, 47430 2020-17103 Priority Mail, First-Class Package Service, and Parcel Select Service Negotiated Service Agreement, 47430 2020-17104 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47442-47443, 47446 2020-17010 2020-17056 Applications: Deregistration, 47440-47442 2020-17106 Self-Regulatory Organizations; Proposed Rule Changes: Miami International Securities Exchange, LLC, 47451-47454 2020-17000 New York Stock Exchange, LLC, 47446-47451 2020-16993 2020-16996 NYSE American, LLC, 47431-47437 2020-16994 NYSE Arca, Inc., 47443-47446, 47457-47463 2020-16997 2020-16995 NYSE Chicago, Inc., 47454-47457 2020-16998 NYSE National, Inc., 47437-47440 2020-16999 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Assistance Management System Domestic Results Monitoring Module and NEA/AC Online Performance Reporting System, 47464 2020-17053 Determination Pursuant to the Foreign Missions Act, 47463-47464 2020-17051 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Meetings: Health Services Research and Development Service Scientific Merit Review Board, 47469-47470 2020-17092 Separate Parts In This Issue Part II Energy Department, 47472-47506 2020-14540 Part III Treasury Department, Internal Revenue Service, 47508-47534 2020-16364 Part IV Agriculture Department, Agricultural Marketing Service, 47536-47592 2020-14581 Part V Health and Human Services Department, Centers for Medicare & Medicaid Services, 47594-47633 2020-16900 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. 85 151 Wednesday, August 5, 2020 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1150 [Document No. AMS-DA-19-0075] National Dairy Promotion and Research Program; National Dairy Promotion and Research Board Importer Representation AGENCY: Agricultural Marketing Service, Agriculture (USDA). ACTION: Direct final action. SUMMARY: This document maintains the number of National Dairy Promotion and Research Board (Dairy Board) importer members at one member, as is stated in the Dairy Promotion and Research Order (Dairy Order). The Dairy Order requires that at least once every three years, after the initial appointment of importer members on the Dairy Board, the Secretary shall review the average volume of domestic production of dairy products compared to the average volume of imports of dairy products into the United States during the previous three years and, on the basis of that review, if warranted, reapportion the importer representation on the Dairy Board to reflect the proportional shares of the United States market served by domestic production and imported dairy products. DATES: This action is effective on October 5, 2020, unless significant adverse comments are received by September 4, 2020. If this direct final action is withdrawn as a result of such comments, notification of the withdrawal will be published in the **Federal Register** . ADDRESSES: Interested persons may comment on this direct final action. All comments should reference the document number, date, and page number of this issue of the **Federal Register** . All comments submitted in response to this direct final action will be included in the rulemaking record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting comments will be made public on the internet at the address provided. • *Mail:* Comments may be submitted by mail to Whitney A. Rick, Director, Promotion, Research and Planning Division, Dairy Program, AMS, USDA, 1400 Independence Ave. SW, Room 2958-S, Stop 0233, Washington, DC 20250-0233. • *Email:* Comments may be emailed to *Whitney.Rick@usda.gov.* • *Internet: www.regulations.gov.* All comments on this direct final action submitted by the above methods will be available for viewing at: *www.regulations.gov,* or at USDA, AMS, Dairy Program, Promotion, Research and Planning Division, Room 2958-S, 1400 Independence Ave. SW, Washington, DC, from 9 a.m. to 4 p.m., Monday through Friday (except on official Federal holidays). AMS requests that persons wanting to view comments in Room 2958-S make an appointment in advance by calling

(202)720-6909. FOR FURTHER INFORMATION CONTACT: Whitney A. Rick, Director, Promotion, Research, and Planning Division, Dairy Program, AMS, USDA, 1400 Independence Ave. SW, Room 2958-S, Stop 0233, Washington, DC 20250-0233. Phone:

(202)720-6909. Email: *Whitney.Rick@usda.gov.* SUPPLEMENTARY INFORMATION: This direct final action is issued pursuant to the Dairy Production Stabilization Act (Dairy Act) of 1983, Public Law 98-180 as codified in 7 U.S.C. 4501-4514, as amended. Executive Order 12866 The Office of Management and Budget

(OMB)has waived the review process required by Executive Order 12866 for this action. This action falls within a category of regulatory actions that the OMB exempted from Executive Order 12866 review. Additionally, because this direct final action 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' ”, as amended on April 5, 2017. Executive Order 12988 This direct final action has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have a retroactive effect. This action would not preempt any State or local laws, regulations, or policies unless they present an irreconcilable conflict with this action. The Dairy Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 118 of the Dairy Act, any person subject to the Dairy Order may file with the Secretary a petition stating that the Dairy Order, any provision of the Dairy Order, or any obligation imposed in connection with the Dairy Order is not in accordance with the law and request a modification of the Dairy Order or to be exempted from the Dairy Order (7 U.S.C. 4509). Such person is afforded the opportunity for a hearing on the petition. After a hearing, the Secretary would rule on the petition. The Dairy Act provides that the district court of the United States in any district in which the person is an inhabitant or has his principal place of business, has jurisdiction to review the Secretary's ruling on the petition, provided a complaint is filed not later than 20 days after the date of the entry of the ruling. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612), the Agricultural Marketing Service has considered the economic impact of this action on small entities and has certified that this direct final action will not have a significant economic impact on a substantial number of small entities. The purpose of the Regulatory Flexibility Act is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The Dairy Act authorizes a national program for dairy product promotion, research and nutrition education. Congress found that it is in the public interest to authorize the establishment of an orderly procedure for financing (through assessments on all milk produced in the United States for commercial use and on imported dairy products) and carrying out a coordinated program of promotion designed to strengthen the dairy industry's position in the marketplace and to maintain and expand domestic and foreign markets and uses for fluid milk and dairy products. According to the U.S. Customs and Border Protection (CBP), in 2018, approximately 1,476 importers paid assessments under § 1150.152(b) of the Dairy Order. Although many types of businesses import dairy products, data is not available concerning the size of these firms. Based on AMS' knowledge of the dairy importers subject to the assessment and the available categories in North American Industry Classification System (NAICS), it is reasonable to assume the most common classification for dairy importers is Dairy Product Manufacturing (NAICS 3115), of which most of the businesses have fewer than 500 employees. The Small Business Administration (13 CFR 121.201) defines such entities with fewer than 500 employees as small businesses. AMS has determined this direct final action will not have a significant economic impact on small entities. Additionally, program provisions are administered without regard for business size. The Dairy Order is administered by a 37-member Dairy Board, with 36 members representing 12 geographic regions within the United States and one member representing importers. Section 1150.131(f) of the Dairy Order provides that at least once every three years, after the initial appointment of importer members on the Dairy Board, the Secretary shall review the average volume of domestic production of dairy products compared to the average volume of imports of dairy products into the United States during the previous three years and, on the basis of that review, if warranted, reapportion the importer representation on the Board to reflect the proportional shares of the United States market served by domestic production and imported dairy products. Paperwork Reduction Act In accordance with the Office of Management and Budget

(OMB)regulation (5 CFR part 1320) which implements the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the information collection requirements and record keeping provisions imposed by the Dairy Order have been previously approved by OMB and assigned OMB Control No. 0581-0093. No relevant Federal rules have been identified that duplicate, overlap, or conflict with this action. Background The Dairy Order requires that at least once every three years the Secretary shall review the average volume of domestic production of dairy products compared to the average volume of imports of dairy products into the United States during the previous three years and, on the basis of that review, if warranted, reapportion the importer representation on the Dairy Board to reflect the proportional shares of the United States market served by domestic production and imported dairy products. For initial importer member representation, section 113 of the Dairy Act required the Secretary to appoint two dairy importers to the Dairy Board. 7 U.S.C. 4504(b)(6)(A). For subsequent representation, the Dairy Act requires the Secretary to review the average volume of domestic production of dairy products compared to the average volume of dairy products imported into the United States at least once every three years, and if necessary, reapportion importer representation to reflect the proportional share of the United States market by domestic production and imported dairy products. 7 U.S.C. 4504(b)(6)(B). Section 1150.131(f) of the Dairy Order states that the basis for the comparison of domestic production of dairy products to imported products should be estimated total milk solids. The calculation of total milk solids of imported dairy products for reapportionment purposes is the same as the calculation of total milk solids of imported dairy products for assessment purposes. Using Supply and Allocation of Milk Fat and Skim Solids by Product annual data published by USDA's Economic Research Service, the average annual U.S. milk total solids for domestic dairy products for 2016 to 2018 was 23,510 billion pounds. Based on the total milk solids number, each of the 36 domestic Dairy Board producer members would represent 653 million pounds of total milk solids (23,510 billion pounds divided by 36 producer members equals approximately 653 million pounds per producer). Using information received from CBP, the annual average of total milk solids imported during the years 2016 to 2018 was 720 million pounds. Table 1 summarizes the total milk solids represented by the 36 domestic producer members and the total milk solids represented by the 1 importer member. Table 2 shows Dairy Board representation based on the average U.S. total solids and average imported total solids. Table 1—Dairy Board Representation Based on U.S. Total Solids and Imported Total Solids by Pounds Year U.S. total solids, lbs. Imported total solids, lbs. 2016 23,138,000,000 802,240,354 2017 23,574,000,000 711,719,985 2018 23,819,000,000 647,458,004 Average 23,510,000,000 720,472,781 Source: National Agricultural Statistics Service, Dairy Products Annual Survey and CBP Table 2—Dairy Board Representation Based on Average U.S. Total Solids and Average Imported Total Solids Average total milk solids (lbs.) Current number of board seats Average total milk solids represented per board member (lbs.) Domestic Producer 23,510,000,000 36 653,069,007 Importer 720,472,781 1 720,472,781 Based on the calculations, Dairy Board importer member representation will remain the same at one member to accurately represent the volume of imported total milk solids compared to the volume of total solids represented by each of the 36 domestic producer members. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2020-15134 Filed 8-4-20; 8:45 am]

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