Unknown. Final rule

9,477 words·~43 min read·/register/2020/12/29/2020-26962·

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-2020-12-29.xml --- 85 249 Tuesday, December 29, 2020 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 85579-85580 2020-28717 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Addition of New Standards of Fill for Wine and Distilled Spirits; Amendment of Distilled Spirits and Malt Beverage Net Contents Labeling Regulations, 85514-85520 2020-28747 Animal Animal and Plant Health Inspection Service RULES Amendments to the Pale Cyst Nematode Regulations, 85497-85503 2020-26962 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act:

Advanced Media Workflow Association, Inc., 85664 2020-28696 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Qualified Mortgage Definition under the Truth in Lending Act (Regulation Z): General Qualified Mortgage Loan Definition, 86308-86400 2020-27567 Seasoned Qualified Mortgage Loan Definition, 86402-86455 2020-27571 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; etc., 85866-86305 2020-26819 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Contact After Adoption or Guardianship, Child Welfare Agency and Family Interactions, 85642-85643 2020-28786 Organization, Functions, and Delegations of Authority, 85643-85645 2020-28706 Coast Guard Coast Guard RULES Safety Zone: Oakland Ship-to-Shore Crane Arrival, San Francisco Bay, Oakland, CA, 85520-85523 2020-28874 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, 85602-85604 2020-28711 Community Development Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 85855-85856 2020-28649 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Service Contracts Inventory and Associated Clause, 85604 2020-28774 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Architect-Engineer Qualifications, 85640-85641 2020-28720 Arms Sales, 85604-85613 2020-28633 2020-28636 2020-28638 2020-28640 TRICARE: Proposed Rates for Reimbursing Durable Medical Equipment, Prosthetics, Orthotics, and Supplies and Parenteral and Enteral Nutrition Items Not on the Medicare DMEPOS and PEN Fee Schedule, 85613-85615 2020-28762 Drug Drug Enforcement Administration NOTICES Decision and Order: Annamalai Ashokan, M.D., 85670-85671 2020-28678 Brian M.

Manjarres, M.D., 85664-85665 2020-28677 Irene G. Gurvits, M.D., 85666-85667 2020-28683 Order: Steven M. Kotsonis, M.D., 85667-85670 2020-28676 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Formula Grant EASIE Annual Performance Report, 85625 2020-28685 State Educational Agency and Local Educational Agency—School Data Collection and Reporting Under ESEA, Title I, Part A, 85615-85616 2020-28635 Applications for New Awards:

State Personnel Development Grants, 85616-85625 2020-28684 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps PROPOSED RULES Restricted Area: Washington Channel, Fort McNair, Washington, DC, 85570 2020-26701 Environmental Protection Environmental Protection Agency NOTICES Meetings: Hazardous Waste Electronic Manifest System Advisory Board, 85631-85633 2020-28731 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:

Hayward, CA, 85510-85512 2020-28637 Trenton, MO, 85509-85510 2020-28846 Airworthiness Directives: Airbus SAS Airplanes, 85504-85506 2020-28858 Mitsubishi Heavy Industries, Ltd. Airplanes, 85506-85509 2020-28855 PROPOSED RULES Airspace Designations and Reporting Points: Buena Vista, CO, 85566-85568 2020-28645 Kayenta, AZ, 85565-85566 2020-28644 Kremmling, CO, 85568-85570 2020-28639 Meeker, CO, 85564-85565 2020-28643 Northeastern United States, 85562-85563 2020-28743 Airworthiness Directives:

The Boeing Company Airplanes, 85557-85562 2020-28824 2020-28825 NOTICES Record of Decision: New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign, 85846-85847 2020-28745 Federal Communications Federal Communications Commission RULES Completing the Transition to Electronic Filing, Licenses and Authorizations, and Correspondence in the Wireless Radio Services, 85524-85533 2020-28779 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 85633-85638 2020-28617 2020-28620 2020-28782 2020-28783 Office of Economics and Analytics Reminds Providers that Mobile Speed and Coverage Data Are Not Confidential, 85635 2020-28781 Federal Emergency Federal Emergency Management Agency NOTICES Emergency Declaration:

Arkansas; Amendment No. 1, 85656 2020-28728 Florida; Amendment No. 1, 85659 2020-28732 Louisiana; Amendment No. 3, 85658 2020-28739 Texas; Amendment No. 4, 85659 2020-28734 Major Disaster and Related Determinations: Puerto Rico, 85655-85656 2020-28736 Sac and Fox Tribe of the Mississippi in Iowa, 85654 2020-28730 Major Disaster Declaration: California; Amendment No. 3, 85657 2020-28724 California; Amendment No. 4, 85654 2020-28740 Iowa; Amendment No. 3, 85657 2020-28726 Louisiana;

Amendment No. 10, 85656 2020-28741 Louisiana; Amendment No. 4, 85655 2020-28735 Louisiana; Amendment No. 5, 85654-85655 2020-28729 Louisiana; Amendment No. 6, 85657-85658 2020-28733 Louisiana; Amendment No. 7, 85658 2020-28723 Louisiana; Amendment No. 8, 85658 2020-28727 Louisiana; Amendment No. 9, 85653-85654 2020-28725 Puerto Rico; Amendment No. 8, 85656-85657 2020-28722 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 85629-85631 2020-28716 Combined Filings, 85625-85627 2020-28713 2020-28718 Environmental Assessments;

Availability, etc.: Rio Bravo Pipeline Company, LLC; Rio Bravo Pipeline Project Amendment, 85628-85629 2020-28712 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Trieve, LLC, 85628 2020-28719 Preliminary Determination of a Qualifying Conduit Hydropower Facility: Skagit Public Utility District, 85627-85628 2020-28715 Federal Highway Federal Highway Administration PROPOSED RULES National Standards for Traffic Control Devices: Manual on Uniform Traffic Control Devices for Streets and Highways;

Revision, 85570 2020-28494 Federal Maritime Federal Maritime Commission NOTICES Complaint: Astra Supply Chain, LLC., and TDS Management, LLC v. B and Q Freight China Ltd., 85639 2020-28614 Astra Supply Chain, LLC., and TDS Management, LLC v. Orient Star Transport Int'l. Ltd., 85638 2020-28611 Astra Supply Chain, LLC., and TDS Management, LLC v. Qingdao Perimeter Global Logistics Co, Ltd., 85639 2020-28624 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Parts and Accessories Necessary for Safe Operation:

Rear Impact Guards and Rear Impact Protection, 85571-85578 2020-27502 NOTICES Qualification of Drivers; Exemption Applications: Epilepsy and Seizure Disorders, 85847-85848 2020-28609 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 85639-85640 2020-28702 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 85639 2020-28701 Financial Crimes Financial Crimes Enforcement Network NOTICES Solicitation of Application for Membership:

Bank Secrecy Act Advisory Group, 85856-85857 2020-28674 Fish Fish and Wildlife Service RULES Migratory Bird Permits: Management of Conflicts Associated with Double-Crested Cormorants (Phalacrocorax auritus) Throughout the United States, 85535-85556 2020-28742 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 85645-85646 2020-28608 Fee Rates under the Over-the-Counter Monograph Drug User Fee Program for Fiscal Year 2021, 85646-85648 2020-28714 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 85857-85862 2020-28699 2020-28737 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Architect-Engineer Qualifications, 85640-85641 2020-28720 FSRS Registration Requirements for Prime Grant Awardees, 85640 2020-28647 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment under Lease Acquisitions and Commercial Solution Opening Procurements, 85641-85642 2020-28704 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Refugee Resettlement Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 85649-85650 2020-28787 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: DATA 2000 Waiver Training Payment Program Application for Payment, 85648-85649 2020-28767 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Frozen Warmwater Shrimp from India, 85580-85584 2020-28753 Low Melt Polyester Staple Fiber from the Republic of Korea, 85586-85587 2020-28754 Phosphate Fertilizers from the Kingdom of Morocco, 85585-85586 2020-28760 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Polycrystalline Diamond Compacts and Articles Containing Same, 85661-85662 2020-28669 Certain Radio Frequency Identification Products, Components Thereof, And Products Containing the Same, 85660-85661 2020-28651 Certain Synthetic Roofing Underlayment Products and Components Thereof, 85663-85664 2020-28778 Certain Variable Speed Wind Turbine Generators and Components Thereof, 85663 2020-28673 Certain Vehicle Control Systems, Vehicles Containing the Same, and Components Thereof, 85659-85660 2020-28675 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Proposed Consent Decree:

CERCLA, 85671-85672 2020-28744 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affirmative Action Program Verification Interface, 85672-85673 2020-28679 Management Management and Budget Office NOTICES Discount Rates for Cost-Effectiveness Analysis of Federal Programs, 85673 2020-28650 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Architect-Engineer Qualifications, 85640-85641 2020-28720 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards: Side Impact Protection, Ejection Mitigation; Technical Corrections, 85533-85535 2020-27543 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting of Information and Documents about Potential Defects, 85848-85855 2020-28766 National Institute National Institutes of Health NOTICES Meetings:

National Cancer Institute, 85652-85653 2020-28758 National Eye Institute, 85651 2020-28759 National Institute of Allergy and Infectious Diseases, 85650-85653 2020-28618 2020-28619 2020-28621 2020-28622 2020-28623 2020-28625 National Institute on Drug Abuse, 85652 2020-28616 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Sanctuary System Business Advisory Council, 85587-85588 2020-28630 Requests for Nominations: Hydrographic Services Review Panel, 85588-85589 2020-28746 Takes of Marine Mammals Incidental to Specified Activities:

State Route 520 Pontoon Pile Removal Project, Aberdeen, Grays Harbor County, WA, 85589-85602 2020-28752 Nuclear Regulatory Nuclear Regulatory Commission RULES Reactor Vessel Material Surveillance Program, 85503-85504 2020-28814 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Voluntary Reporting of Planned New Reactor Applications, 85673-85674 2020-28707 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations, 85674-85682 2020-28442 Establishment of Atomic Safety and Licensing Board:

Virginia Electric and Power Co., 85683 2020-28634 Guidance: Acceptability of Probabilistic Risk Assessment Results for Risk-Informed Activities, 85682-85683 2020-28632 Considerations for Estimating Site-Specific Probable Maximum Precipitation at Nuclear Power Plants in the United States of America, 85683-85685 2020-28708 License Renewal Application: NextEra Energy Point Beach, LLC; Point Beach Nuclear Plant, Units 1 and 2, 85685 2020-28626 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 85686 2020-28721 Presidential Documents Presidential Documents PROCLAMATIONS Trade:

African Growth and Opportunity Act; Beneficiary Country Designations and Modifications (Proc. 10128), 85491-85496 2020-28878 Refugee Refugee Resettlement Office NOTICES Organization, Functions, and Delegations of Authority, 85643-85645 2020-28706 Securities Securities and Exchange Commission RULES Delegation of Authority to Director of the Division of Enforcement, 85512-85514 2020-27537 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 85719-85720, 85751-85752, 85831 2020-28768 2020-28769 2020-28770 2020-28771 2020-28772 Application:

ALPS ETF Trust, et al., 85787-85788 2020-28763 ETF Series Solutions and ClearShares LLC, 85716-85719 2020-28688 J.P. Morgan Investment Management Inc., et al., 85802-85807 2020-28764 KKR Registered Advisor LLC and KKR Real Estate Select Trust Inc., 85784-85787 2020-28749 Signature PE Fund, LLC and McDermott Will and Emery LLP, 85773-85778 2020-28642 Order: Conditional Substituted Compliance in Connection with Certain Requirements Applicable to Non-United States Security-Based Swap Dealers and Major Security-Based Swap Participants Subject to Regulation in the Federal Republic of Germany, 85686-85700 2020-28703 Proposed Order:

Substituted Compliance Application Submitted by the French Autorite des Marches Financiers and the Autorite de Controle Prudential et de Resolution in Connection with Certain Requirements Applicable to Non-U.S. Security-Based Swap Dealers and Major Security-Based Swap Participants Subject to Regulation in the French Republic, 85720-85743 2020-28697 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 85701-85704 2020-28657 Cboe EDGX Exchange, Inc., 85709-85712 2020-28670 Cboe Exchange, Inc., 85752-85756, 85759-85765 2020-28655 2020-28681 Fixed Income Clearing Corp., 85743-85751 2020-28652 ICE Clear Europe Ltd., 85704-85706 2020-28660 Investors Exchange LLC, 85824-85827 2020-28658 MIAX Emerald, LLC, 85706-85709 2020-28680 Nasdaq GEMX, LLC, 85819-85821 2020-28668 Nasdaq ISE, LLC, 85817-85819 2020-28682 Nasdaq MRX, LLC, 85771-85773 2020-28656 Nasdaq PHLX LLC, 85782-85784 2020-28672 New York Stock Exchange LLC, 85712-85716, 85759, 85769-85771, 85779-85782, 85807-85817 2020-28654 2020-28664 2020-28665 2020-28671 2020-28709 NYSE American LLC, 85821-85824 2020-28661 NYSE Arca, Inc., 85828-85831 2020-28659 NYSE Chicago, Inc., 85756-85759 2020-28666 OneChicago, LLC, 85778-85779 2020-28687 The Depository Trust Co., 85765-85769 2020-28667 The Options Clearing Corp., 85788-85802 2020-28662 Trade Representative Trade Representative, Office of United States NOTICES Product Exclusion Extensions and Additional Modifications:

China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 85831-85846 2020-28780 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Community Development Financial Institutions Fund See Financial Crimes Enforcement Network See Foreign Assets Control Office Veteran Affairs Veterans Affairs Department RULES Schedule for Rating Disabilities:

Musculoskeletal System and Muscle Injuries; Correction, 85523-85524 2020-26907 NOTICES Meetings: Advisory Committee on the Readjustment of Veterans, 85862-85863 2020-28751 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 85866-86305 2020-26819 Part III Bureau of Consumer Financial Protection, 86308-86400 2020-27567 Part IV Bureau of Consumer Financial Protection, 86402-86455 2020-27571 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. 85 249 Tuesday, December 29, 2020 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2018-0041] RIN 0579-AE48 Amendments to the Pale Cyst Nematode Regulations AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the domestic quarantine regulations for pale cyst nematode by adding procedures that allow persons to review and comment on the protocols for regulating and deregulating quarantined and associated areas. As part of this action, we have made the protocols available online. We are taking these actions in response to a court order requiring the Animal and Plant Health Inspection Service to provide a means for public input on the protocols we use to deregulate fields for pale cyst nematode and to make the protocols publicly available.

These changes make the protocols accessible to all and give persons the opportunity to comment on them. DATES: Effective January 28, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, National Policy Manager, Office of the Deputy Administrator, PPQ, APHIS, 4700 River Road, Unit 137, Riverdale, MD 20737;

(301)851-2286; *lynn.evans-goldner@usda.gov.* SUPPLEMENTARY INFORMATION: Background The pale cyst nematode (PCN, *Globodera pallida* ) is a major pest of potato crops in cool-temperature areas throughout the world, causing significant yield losses if left uncontrolled. Other hosts of this destructive pest include tomatoes, eggplants, peppers, and some weeds. The spread of PCN in the United States could result in a significant loss of domestic and foreign markets for U.S. potatoes and other host commodities. Section 414 of the Plant Protection Act (PPA, 7 U.S.C. 7714) provides that the Secretary of Agriculture may, under certain conditions, hold, seize, quarantine, treat, apply other remedial measures to destroy or otherwise dispose of any plant, plant pest, plant product, article, or means of conveyance that is moving, or has moved into or through the United States or interstate if the Secretary has reason to believe the article is a plant pest or is infested with a plant pest at the time of movement. On March 4, 2019, we published in the **Federal Register** (84 FR 7304-7306, Docket No. APHIS-2018-0041) a proposal 1 to amend the domestic quarantine regulations for PCN by adding procedures that allow persons to review and comment on the protocols for regulating and deregulating infested and associated areas. We took this action in response to a court order requiring the Animal and Plant Health Inspection Service (APHIS) to facilitate public input into the development of protocols for deregulating fields for PCN. 1 To view the proposal and comment period reopening documents, the comments we received, and supporting documents, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0041.* We solicited comments concerning our proposal for 60 days ending May 3, 2019. We reopened the comment period for 30 days ending July 26, 2019, 2 in response to commenters who experienced technical difficulties with accessing the protocols online. 2 84 FR 30040. One commenter stated that, in the proposed rule, we did not adequately include scientific support and source material for our confirmatory and deregulatory field protocols as mandated by the court order. To provide the public with an opportunity to review this material, we published another document 3 on June 5, 2020, in the **Federal Register** announcing a second reopening of the comment period for another 30 days, ending July 6, 2020. In that document, we explained the science underlying each of the field protocols and referenced the significant sources we consulted for developing them. 3 85 FR 34537-34541. We received a total of 25 comments during the initial and reopened comment periods. They were from State agricultural officials, potato producers and producer organizations, agronomists, attorneys, and members of the public. A few comments we received expressed general agreement with the rule, while the remainder questioned or criticized specific provisions of the rule, the deregulation protocols, and PCN program activities. Some commenters raised topics concerning PCN program operations outside the scope of the proposal and deregulation protocols. We discuss the relevant comments we received below. Comment Period A few commenters stated that web links to the protocols, which we had included in the proposed rule and in a mailing sent to affected growers, were not connecting them to the protocol pages. We acknowledge that the protocol links were not working during part of the initial comment period, so we reopened the comment period as noted above and provided working protocol links to ensure that stakeholders would have ample opportunity to comment. One commenter asked that the proposed rule be republished, with the protocols included in the body of the rule. As we made the protocols available for comment on *Regulations.gov* and the APHIS website throughout the reopened comment periods, we see no need for including them in a republished proposed rule. We also note that in the **Federal Register** document announcing the second comment period reopening, we included details of the scientific support and sources we used to develop the protocols. Changes to the Regulations We proposed revising § 301.86-3(c)(1), which designates fields with viable pale cyst nematodes present as being infested, by adding information for accessing the APHIS protocol for designation of infested fields in accordance with criteria established by the Administrator. We also proposed revising § 301.86-3(d)(1) to read that an infested field will be removed from quarantine for PCN upon a determination that no viable PCN is detected in the field. We stated that the determination for removing the field from quarantine will be made in accordance with criteria established by the Administrator and sufficient to support removal of infested fields from quarantine, and that the removal criteria will be presented in an online deregulation protocol. 4 We also proposed revising paragraph (d)(2) for associated fields so that it refers to the deregulation protocol for those fields, also available online. 4 The deregulation protocols are available on the APHIS PCN page at *https://www.aphis.usda.gov/planthealth/pcn.* In paragraph (d)(4), we included the website address for accessing the infested and associated field deregulation protocols and indicated that any subsequent changes we make to them will be announced in a **Federal Register** notice and open to public comment. We proposed these changes to the regulations as a response to the court-mandated requirement that the deregulation protocols be publicly accessible and open to notice and comment in accordance with the Administrative Procedure Act. Deregulation Biosurvey Our proposed deregulation protocol for infested and associated fields includes a 3-year biosurvey. Two commenters representing State departments of agriculture disagreed with using the 3-year biosurvey (equivalent to 3 consecutive susceptible potato crops) to evaluate for deregulation of infested and associated fields. Both commenters stated that a 3-year biosurvey of infested fields fails to sufficiently mitigate the risk of PCN spreading to uninfested fields in Idaho and in the commenters' respective States. As support, both commenters cited the results of a study conducted in Norway showing that PCN cysts survived for 12 years in infested fields free of PCN host plants, and one cited a study from Northern Ireland claiming a 30-year survival period for PCN cysts in fields that were out of potato production for 42 years. We are making no changes to the regulations based on the information provided by these commenters as they appear to be referring to an APHIS deregulation protocol no longer in use. Additionally, these commenters did not consider the effects of eradication treatments on infested fields, which shorten the survival period for PCN. As noted in the proposed rule, we originally included a 3-year deregulation biosurvey as part of an eradication program in a 2007 interim rulemaking 5 that quarantined certain areas of Idaho due to the presence of PCN. The biosurvey required planting PCN host crops in soil from an infested field, in a greenhouse, and sampling the soil for PCN following each of three crop cycles. Negative results for all three cycles would be necessary for APHIS to deregulate the field. In the 2007 interim rulemaking, this biosurvey was the sole criterion for deregulation of infested and associated fields. 5 September 12, 2007 (72 FR 51975-51988, Docket No. APHIS-2006-0143). However, in response to public comments and subsequent scientific input, we supplemented the 3-year biosurvey requirement with the in-field bioassay test for evaluating infested fields for deregulation. The in-field bioassay requires growing three susceptible host crops in a field with no detections of viable PCN following each crop. Under this current deregulation protocol, infested fields are required to pass a series of laboratory-based viability tests that take at least 3 years to complete. Once a field passes the laboratory-based tests, APHIS requires three host crops to be grown over the entire field while it remains under regulatory control. A field has met requirements for deregulation when full field surveys following each of the host crops are negative for viable PCN. We do not dispute the studies cited by commenters that PCN cysts can remain viable for years in the absence of a host crop. However, we have determined that the current deregulation protocol, which requires growing a host crop in the field as part of the evaluation, will effectively detect and mitigate viable PCN and ensure that fields are not deregulated prematurely. Another commenter objected to the deregulation protocol requirement that three potato crops be planted in “hot spots” (infestation foci) of a regulated field and that those spots be sampled for viable PCN cysts with each crop, even if the initial sampling of the field indicated no viable cysts. According to the commenter, his field revealed no cysts after APHIS conducted an initial sampling, and on those grounds questioned why a grower whose field showed no cysts after testing could not skip over the required iterations of “hot spot” planting and sampling, and instead move directly to the next phase of the protocol. We are making no changes in response to the commenter. The deregulation protocol provides an alternate testing strategy when cysts are not detected in soil samples for use in laboratory-based tests. Three crops of potatoes over the entire area of the field or within the infestation foci can be substituted for the viability and greenhouse bioassay testing to achieve the same level of detection confidence as the laboratory and in-field bioassay tests together. Two commenters stated that APHIS has been successful to date in delimiting the extent of PCN infestation in Idaho potato fields under the existing survey and sanitation requirements. Both commenters noted that several fields in Idaho are in the process of completing bioassays this production season that could make them eligible for removal from quarantine under the current deregulation protocol. They asked that APHIS make no bioassay protocol changes until the results of the third bioassay on these fields are determined after the growing season, and added that the results of these bioassays should be used to inform any future consideration of modifications to the bioassay protocol with respect to removal of quarantine status. If the results cast doubt on the ability of three bioassays to detect the presence of viable PCN cysts, they suggested that APHIS consider increasing the number of bioassays required for release from quarantine. The current deregulation protocol is effective at detecting extremely small populations and APHIS is considering no changes to the bioassay at this time. The commenters are referring to several infested fields in Idaho being evaluated under the greenhouse bioassay to determine whether such fields are eligible to return to potato production. To date, no infested fields have met the testing requirements to be fully deregulated. At this stage in the eradication testing process, the fields remain regulated, with measures in place to mitigate the movement of soil off the field until or unless three crops of potatoes have been grown on the field and no viable nematodes are detected following harvest of each crop. If APHIS finds it necessary to change the deregulation protocol in the future, we would first provide the background and scientific basis for those changes and solicit public comment on the matter. Regardless of the deregulation method, if viable nematodes are detected in the bioassay of a particular field, the field will remain regulated. A commenter stated that the infested field deregulation protocol includes “optional PCN program-sponsored eradication treatments” but that the protocol does not explain what these additional eradication treatments are and whether they are an option for APHIS or for the regulated entity. The commenter suggested that we clarify this explanation in a new proposed rule. The optional PCN program-sponsored eradication treatments listed in the protocol documents are available at the option of regulated entities, as long as APHIS has sufficient funding and a ready supply of treatment materials. At present, the treatment options are the soil fumigant 1,3-dichloropropene (Telone II) and the trap crop *Solanum sisymbriifolium* (litchi tomato). We do not agree with the commenter's suggestion that a new proposed rule is necessary for explaining this information further. A few commenters expressed concerns that practices required in the deregulation protocols could adversely affect the environment. One commenter stated that if PCN eradication treatments include a nematicide such as Telone II, additional environmental analysis should be undertaken regarding its use. Another commenter stated that in-field pressure washing, steam sanitation, soil sampling, and host and trap crop planting have environmental implications and noted that issuance of a final rule in the absence of an environmental analysis will violate the National Environmental Policy Act (NEPA, 42 U.S.C. 4321 *et seq.* ) and its implementing regulations. We are making no changes in response to the commenters. This rule does not require such an analysis under NEPA requirements. The rule adds no provisions and makes no changes to the protocols themselves or how they are applied. We note, however, that we have conducted several environmental assessments 6 to evaluate the use of fumigants, trap crop planting, and other field treatments and mitigations with regard to PCN. 6 Available at *https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/ea/ct_pcn.* Deregulation of Associated Fields As noted above, we proposed revising § 301.86-3(d) to indicate that, as with infested fields, criteria for deregulating associated fields are included in a protocol available on the PPQ website. For associated fields remaining in host crop production, the deregulation protocol requires that two host crops be grown, each followed by a full field soil survey. If lab results are negative for PCN in both surveys, the field will be deregulated. Statistical analyses have shown that APHIS' delimiting survey rate of 8,000 cubic centimeters of soil (approximately 20 pounds

(lbs)per acre) has a greater than 95 percent probability of detecting small populations of PCN after one host crop, and closer to 99 percent probability of detecting PCN after two host crops. A commenter expressed concern about inconsistencies in how APHIS determines what land should be regulated for PCN and stated that he has never heard of a clear deregulation plan for associated fields where no nematodes have ever been found. Complete deregulation protocols for infested and associated fields, including associated fields where no nematodes have been found, are available at *https://www.aphis.usda.gov/planthealth/pcn.* Under § 301.86-3(c)(2) of the regulations, APHIS may designate a field as an associated field if host crops have been grown in that field in the past 10 years and if the field came into contact with a regulated article from a PCN-infested field in the past 10 years. Included among the regulated articles listed in § 301.86-2 is any equipment or conveyance used in an infested or associated field that can carry soil if moved out of the field. Although we proposed no changes to these sections of the regulations, provisions for deregulating associated fields are included in the protocols and for this reason we are responding to comments we received regarding farm equipment and field quarantine status. A commenter asked if potato seed farms should be regulated when they have an association with an infested field. If a field used as a potato seed source is suspected of having or confirmed to have a PCN infestation, it will be regulated accordingly. Potato seed produced on a regulated field is considered to be a regulated article and as such is subject to movement restrictions. Any field that has come into contact with a regulated article (such as seed produced on an infested field) will be regulated as an associated field. Any fields that are identified as a seed source for an infested field will be prioritized for survey but are not included as part of the regulated area until or unless survey results are suspect or positive for PCN. Field Borders and Barriers Under § 301.86-3(c)(2)(i) of the regulations, APHIS will designate a field as an associated field on the basis of adjacency when PCN host crops have been grown in the field in the last 10 years and the field borders an infested field. Although we proposed no changes to this paragraph, we are responding to comments received regarding field borders and regulatory status because the status of such fields is contingent on the deregulation protocol for associated fields. To deregulate an associated field under this process, the field owner must establish a buffer zone of uncultivated ground at least 15 yards wide along the entire interface with the infested field. The buffer zone must include a physical barrier, such as a ditch, berm, or fence to discourage transfer of soil or other regulated articles between the two fields. The field must also meet the soil survey requirement for deregulation of an associated field. Establishing a field buffer zone is entirely voluntary for the owner of an adjacent field seeking to expedite the process to deregulate a field. One commenter stated that the border buffer requirements constitute a taking of the neighbor's property and another commenter agreed, stating that farmers should be compensated for having to take land out of production for buffers. Another commenter noted instances in which APHIS required trenches or other barriers between fields on bordering farms even after a field was released from regulation and stated that barriers encroach on the land of innocent neighbors. We disagree that establishing buffer zones to mitigate the spread of PCN between fields constitutes a taking of property, particularly as establishing such a zone in an associated field is voluntary on the part of the landowner. Creating an uncultivated buffer zone between an adjacent field and an infested field is a scientifically established means for expediting deregulation of the adjacent field before the infested field is deregulated. Deregulation of Fields no Longer in Host Crop Production or Agricultural Use We have made publicly available the deregulation protocols for fields no longer in host crop production and fields no longer in agricultural use. We received comments regarding the deregulation of such fields. One commenter asked if a change in the use of regulated fields to non-agricultural use—such as for housing or pasture—would allow regulation of those fields to be lifted. Another commenter objected to APHIS continuing to designate a field as associated for PCN even though the property includes a home and grass lawn and is too small for growing a profitable host crop, and cysts have never been found there. The commenter asked whether a change in the use of the property to a non-agricultural use, such as a gravel pit, would be sufficient for APHIS to deregulate it. Another commenter cited the case of a homeowner who asked APHIS to remove land connected to his yard from associated field status but was told he would need to follow the deregulation protocol. The commenter suggested that APHIS allow growers to opt out of the deregulation program for a portion of their ground if they choose to subdivide the property for housing. We are making no changes based on the comments. The protocols already include provisions for deregulating fields that will not return to host crop production and will transition to other uses such as residential or commercial development or pasture. The exact requirements for deregulating a field that has been taken out of host crop production depend upon the nature of the land's intended future use and the level of PCN risk in the field at the time of deregulation. Another commenter asked if a former large farming operation on regulated fields now functioning as a hobby farm still needs to be regulated for PCN, particularly as the host crops grown are only sold locally. As all regulated fields can pose a PCN risk, hobby farms established on regulated fields that produce host crops must follow the same deregulation protocol as large-scale agricultural fields remaining in commercial host crop production. Sampling and Testing Procedures We received several comments regarding the soil sampling and testing procedures we use in the field deregulation protocols. We have established in the protocols specific soil sampling rates per acre, the findings of which are used to map the distribution and population of cysts in infested fields. Cysts discovered during sampling are tested for viability. 7 7 More information about sampling rates and cyst viability is included in the comment period reopening document (85 FR 34537-34541, Docket No. APHIS-2018-0041, June 5, 2020), which can be accessed through the link in footnote 1. One commenter asked how we determined soil testing rates, noting that any rates determined from an agreement between the United States and Canada are not based on scientific testing rates. While survey rates are often listed in agreements between countries, the rates themselves are based primarily on scientific research within APHIS and data from the scientific community. A commenter asked if soil testing rates were determined by the Technical Working Group, noting that any rates based on the work of that group violate the District Court's order that APHIS may not rely upon the advice or recommendations of the Technical Working Group in any future actions. As we noted in the document reopening the comment period for the proposal, the methodology for soil testing under the PCN program was drawn from scientific best practices and experience gained from our work in the APHIS Golden Nematode Program. A commenter stated that our methods of proof of a PCN find are flawed, noting instances of fields where small numbers of nematodes were initially found but which subsequently disappeared without receiving any field treatments. We disagree with the commenter that our methods for detecting PCN are flawed. The detection and subsequent absence of nematodes in a sample from an untreated field is not an unusual occurrence and cannot be ascribed to a problem with our methodology. Several factors can influence detection of PCN, including the aggregate distribution and infestation level of the pest in a field. One commenter recommended that the protocol survey regimen of 40 lbs per acre on associated fields could be reduced to the European protocol of 1.28 lbs per acre. Another commenter stated that APHIS' soil sampling requirements for the deregulation protocol are 10 times the world standards and recommended that we use the world standard of 2 lbs maximum. Similarly, a commenter stated that since PCN is on the world eradication list, then Idaho should use the same lower level of soil testing that our trading partners use. We are making no changes in response to the comments. APHIS' goal is to contain and eradicate PCN in Idaho to protect all U.S. growers from the yield losses experienced by growers in other countries that take different approaches to managing PCN. PCN is managed in Europe because it is endemic and widespread and therefore less intensive surveys are sufficient if the goal is management and not eradication. However, PCN populations in Europe continue to increase and seed potato acreages are reduced annually as a result. The purpose of this program is to ensure the same thing does not occur in the United States. We determined that the current soil testing procedures we use are necessary and appropriate to achieve program goals. A commenter stated we did not indicate the soil depth at which field samples are to be collected for the deregulation protocol, resulting in uncertainty about APHIS' ability to mitigate the PCN risk. The commenter cited soil samples in Norway and Northern Ireland surveys that were taken at depths of 9 to 17 centimeters and 70 centimeters, respectively. Similarly, two other commenters expressed concern that the methods used to collect samples for testing in APHIS-approved laboratories are scientifically invalid because soil samples are only collected from the top 2 inches of the soil. Soil samples are collected at the field surface; however, tillage and potato harvest practices in southeast Idaho thoroughly mix the top 30 centimeters

(cm)of the soil profile. Therefore, subsequent surface sampling effectively represents the top 30 cm of the soil profile. We consider this soil sampling depth to be adequate to detect the presence of PCN in Idaho, the only State in which PCN is known to exist. A commenter stated that the nematode soil extraction methods required by APHIS in PCN laboratories are expedited, causing very low recovery rates and further invalidating the confirmatory policy. We are uncertain as to what specific problem the commenter is citing. APHIS follows extraction protocols based on best practices described in scientific literature, which include a minimum 2-week soil drying period and a quality-controlled laboratory environment in which the samples are processed. Two commenters stated that growers should be able to have an independent lab conduct soil testing and compare their results with APHIS' findings, with one commenter expressing doubts about the reliability of DNA testing conducted by APHIS. We do not prohibit a field operator or owner from employing independent PCN testing of their fields. However, we note that as soil in regulated fields is considered a regulated article, it cannot be moved from such fields without APHIS authorization. Moreover, soil testing can only be administered at APHIS-permitted facilities under methods approved by APHIS. For any third-party sampling effort to be recognized by APHIS as a valid comparison, we must provide oversight of field sampling and laboratory extraction to ensure APHIS protocols are followed. A commenter requested that we no longer require tare dirt testing for exotic nematodes, adding that if APHIS does not require testing from our trading partners then APHIS should not be doing it domestically. We are making no changes in response to the commenter. Tare soil sampling has never been a requirement of the APHIS PCN domestic program. Farm Machinery and Nonfarm Conveyances in Regulated Fields As a regulated article under § 301.86-2, farm equipment and conveyances used in an infested or associated field that can carry soil out of the field are subject to pressure washing and steam sanitation requirements. These requirements constitute part of the deregulation protocols for infested and associated fields. A few commenters stated these requirements have resulted in damage to the paint and computer components of their farming equipment and requested that APHIS provide them with compensation for damages. We acknowledge that in the past there have been instances in which sanitation measures necessary for mitigating PCN have impacted farming equipment. However, through years of experience we have developed and applied approaches to sanitizing equipment that minimize or prevent instances of damage. A commenter stated that equipment sanitation requirements were burdensome because it takes time to sanitize equipment and APHIS will not verify completion in a timely way. One commenter recommended that APHIS employ two sets of equipment cleaning teams at earlier and later hours so the whole day is covered. We are aware of the time and effort required of growers to fulfill the sanitation requirements but note that doing so is essential to mitigating the spread of PCN. We have worked to make it easier for growers to meet these requirements by expanding our hours of service and implementing a central hotline for requesting sanitation services and scheduling appointments after hours, Saturdays, and on Federal holidays. Some commenters stated that APHIS is inconsistent and arbitrary in how it establishes and enforces PCN regulations with respect to moving equipment and conveyances in and out of regulated fields. One such commenter noted that straw and alfalfa can be moved off an infested field while combines and other equipment used for harvesting must undergo sanitation as a regulated article, and yet power company equipment and third-party vendors move vehicles in and out of quarantined fields without regulation. Another commenter stated that pressure washing and steam sanitation requirements for infested and associated fields are arbitrarily applied. The commenter stated that his organization has provided APHIS with evidence of arbitrary application, including failure of APHIS to require sanitation of non-farm vehicles and equipment entering regulated fields. Finally, a commenter stated, without providing details, that APHIS has allowed trucks to travel unimpeded in infested fields and onto public roads without being washed or inspected, although harvesters could not do the same. We disagree with the commenters' contention that APHIS applies sanitation requirements for infested and associated fields ineffectively and arbitrarily. Sanitation and limited permitting are required and enforced for all equipment and vehicles that exit a regulated field. We pursue all reports we receive of equipment moved in violation of the requirements and take action when there is enough evidence to warrant it. We use all records and other information available to us to establish regulated areas and to enforce sanitation requirements for all equipment and vehicles, while recognizing that farm equipment poses the greatest risk for spreading PCN, given its exposure to soil and frequent movement between fields. A commenter asked how many times a field can be re-associated with an infested field. There is no limit to the number of times a field can be re-associated. The regulatory status of a field for PCN is dependent on that field meeting any of the criteria for designation of fields as associated fields in § 301.86-3(c)(2). A commenter noted that a number of external environmental factors, including host plant root diffusates, soil temperature and moisture, soil oxygen, soil microorganisms, minerals, and organic substances can induce or influence cyst hatching, and asked why these options are not used in place of sanitizing equipment. We acknowledge that these factors can influence cyst hatching but note they are currently in the research phase and not ready to be tried on a production scale. Moreover, the factors listed are not actually sanitizing agents but more allied with pest eradication practices. While we always seek new approaches to controlling pests, sanitation is required to adequately address the risk of spreading PCN on equipment used in infested fields. One commenter expressed concerns about the difficulty of moving deregulated equipment between fields. The commenter noted an instance in which APHIS told a grower that it was a holiday and their grain combine would have to remain in the field for 3 to 4 days before it could be washed and released. APHIS understands the impacts of the sanitation requirement on growers and works to minimize delays while still providing services at no cost to growers. We note that sanitation and inspection services have been made available to growers on Federal holidays since 2011. In 2012, we developed a self-certification option with program oversight so growers could work autonomously. Stakeholders have the option of entering into a compliance agreement enabling them to meet washing, inspection, and certification requirements themselves. A commenter stated that pressure washing equipment on the edge of a regulated field creates muddy conditions, which actually enhances the movement of soil out of the field as the mud clings to the tires of the equipment. The commenter has provided no evidence that APHIS washes equipment in such a way that enhances movement of soil on equipment. We note that APHIS has broad experience with ensuring that vehicles and equipment that have been in PCN regulated fields are washed appropriately. Non-Compliance With Court Order According to one commenter, the proposed rule, economic analysis, and protocols violate the District Court's order that APHIS may not rely upon the advice or recommendations of the Technical Working Group in any future actions, including this rulemaking. The commenter noted that in the Court's 2018 Memorandum Decision and Order in *Mickelsen Farms* v. *APHIS,* there are many instances of APHIS' reliance on the recommendations and findings of the Technical Working Group in the development of the protocols. The commenter stated that the Technical Working Group recommended that farm implements used on any known infested field must be completely sanitized and noted that the deregulation protocols call for pressure washing and steam sanitation. The commenter also pointed out that the Technical Working Group recommended using stain viability assays on eggs, as does the infested field deregulation protocols. Finally, the commenter noted that the Technical Working Group recommended post-eradication treatment monitoring using fixed grid patterns, and the infested field protocol also calls for fixed grid pattern field sampling. Although we disagree with the commenter's contention that the deregulation protocols were developed based on the work of the Technical Working Group, we acknowledge that the March 2019 proposed rule could have provided the public with a more detailed explanation to draw its own conclusions on this matter. For this reason, we reopened the comment period on the proposed rule a second time and provided in this June 2020 reopening document 8 additional information about the science and sources we used to develop the protocols. We have responded to comments addressing that information in this final rule. 8 See footnote 1 for a link to the document. Other Comments One commenter said that we provided no evidence to support our statement in the proposal that unmanaged PCN infestations can cause potato yield losses of between 20 and 70 percent, adding that no yield losses have ever been documented as a result of PCN in the State of Idaho. The percentage range we cited in the proposed rule collectively refers to potato yield losses from a few types of potato cyst nematodes, including PCN. Several studies from around the globe cite similar yield losses in countries where potato cyst nematodes have multiplied unchecked. 9 We note that no losses in potato yields have been documented for PCN in Idaho as in other countries because the infestation was detected and addressed before the pest level could reach the threshold for significant crop yield loss. 9 Studies on this topic include: “Scientists: Unless PCN is eliminated, `there will be no Scottish potato sector left in 25 years' time.” *Potato News Today,* August 9, 2019; otton, J. 2014, “The genome and life-stage specific transcriptomes of *Globodera pallida:* key aspects of plant parasitism by a cyst nematode.” *Genome Biology* 15: *https://doi.org/10.1186/gb-2014-15-3-r43;* Greco, N. 1988, “Potato cyst nematodes: *Globodera rostochiensis* and *G. pallida.”* Nematology Circular 149, Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Gainesville, FL, USA; Dale, M.F.B., 1988, “The assessment of the tolerance of partially resistant potato clones to damage by the potato cyst nematode *Globodera pallida* at different sites and in different years.” *Annals* of *Applied Biology* 113, pp. 79-88; and Mai, J. 1977, “Worldwide Distribution of Potato-Cyst Nematodes and Their Importance in Crop Production.” *Journal of Nematology,* 9:1, January 1977. Several commenters suggested that APHIS should remove PCN from the U.S. and global quarantine lists. There are currently 85 countries in addition to the United States that regulate *G. pallida* and 127 other countries that also regulate *G. rostochiensis.* Each of these countries determines its own import requirements for commodities entering their country. We agree with the regulatory and scientific communities that find PCN is capable of threatening Idaho 10 and the global potato industry with costs associated with managing unrestricted PCN populations. 10 See Koirala, S., Watson, P., McIntosh, C.S. *et al.* “Economic Impact of Globodera Pallida on the Idaho Economy.” *American Journal of Potato Research.* 97, 214-220 (2020). *https://doi.org/10.1007/s12230-020-09768-2.* Several commenters questioned the U.S. Department of Agriculture's (USDA's) ability to contain or eradicate PCN, citing instances in which viable nematodes have been dispersed broadly by wind, water, and animals. While we acknowledge that water, wind, or animals are possible mechanisms for spreading PCN, our experience as well as scientific studies indicate that human-assisted spread is the primary mechanism for spreading PCN between fields. Natural PCN movement within soil, in contrast, has been shown to be generally no greater than 1-2 meters annually. 11 Although some infested fields in Idaho have been detected within close proximity to one another, all such fields to date have been shown to have a history of shared equipment or other human-assisted means of soil movement from another infested field. 11 See, for example, N.C. Banks, et al., “Dispersal of Potato Cyst Nematodes Measured Using Historical and Spatial Statistical Analyses.” *Phytopathology* 102(6):620-6, June 2012: *https://apsjournals.apsnet.org/doi/pdfplus/10.1094/PHYTO-08-11-0224;* and Lambert, K. and S. Bekal, “Introduction to Plant-Parasitic Nematodes.” *The Plant Health Instructor* (2002, revised 2009). DOI: 10.1094/PHI-I-2002-1218-01. We note, moreover, that APHIS regulates associated fields on the basis of adjacency to infested fields for the purpose of detecting any PCN spread by natural means. Our survey data have not supported that PCN is spread in Idaho by wind, water, or animals. APHIS has collected over half a million soil samples outside of infested fields, many from fields adjacent to infested fields, with no detections of PCN. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, without change. Executive Orders 12866 and 13771 and Regulatory Flexibility Act This final rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The analysis is summarized below. Copies of the full analysis are available on the *Regulations.gov* website (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT . According to the Small Business Administration, entities whose main activity is potato farming (classified under NAICS 111211) are considered small if they have $750,000 or less in annual receipts. Based on the 2017 Census of Agriculture, there were about 25,000 farms in Idaho, of which around 700 were considered to be primarily potato farms. Bingham and Bonneville Counties had 108 and 40 potato farms, respectively. There were about 1,800 farms in Idaho with farm sales greater than $500,000, of which around 1,070 farms had farm sales greater than $1 million. According to the 2017 Census, 108 of Bingham County's 1,177 farm operations (about 9 percent) had farm sales greater than $500,000, while Bonneville County, 40 of the 1,109 farm operations (about 4 percent) had farm sales greater than $500,000. Although the distribution of potato farms with farm sales above $500,000 (or $750,000) is not known, it is reasonable to conclude that many of the potato farms in northern Bingham and southern Bonneville Counties are small business entities. However, the final rule would not impose new or additional burdens on small entities as this is an administrative action for which there would be no additional costs. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR chapter IV.) Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging 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). Paperwork Reduction Act This final rule contains no reporting, recordkeeping, or third party disclosure requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. Section 301.86-3 is amended as follows: a. In paragraph (a), by removing “ *http://www.aphis.usda.gov/plant_health/plant_pest_info/potato/pcn.shtml”* and adding “ *https://www.aphis.usda.gov/planthealth/pcn”* in its place; and b. By revising paragraphs (c)(1) and (d). The revisions read as follows: § 301.86-3 Quarantined areas.

(c)* * *

(1)*Infested fields.* A field will be designated as an infested field for pale cyst nematode upon a determination that viable pale cyst nematode is present in the field. The determination will be made in accordance with the criteria established by the Administrator for the designation of infested fields. The criteria are presented in a protocol document that may be viewed at *https://www.aphis.usda.gov/planthealth/pcn.* The protocol may also be obtained by request from any local office of Plant Protection and Quarantine; local offices are listed in telephone directories. Any substantive changes we propose to make to the protocol will be published for comment in the **Federal Register** . After we review the comments received, we will publish another notice in the **Federal Register** informing the public of any changes to the protocol.

(d)*Removal of fields from quarantine.

(1)Infested fields.* An infested field will be removed from quarantine for pale cyst nematode upon a determination that no viable pale cyst nematode is detected in the field. The determination will be made in accordance with criteria established by the Administrator and sufficient to support removal of infested fields from quarantine. The criteria are presented in a protocol document as provided in paragraph (d)(4) of this section along with information for viewing the protocol.

(2)*Associated fields.* An associated field will be removed from quarantine for pale cyst nematode once surveys are completed and pale cyst nematode is not detected in the field. The determination will be made in accordance with criteria established by the Administrator and sufficient to support removal of associated fields from quarantine. The criteria are presented in a protocol document as provided in paragraph (d)(4) of this section along with information for viewing the protocol.

(3)*Removal of other areas from quarantine.* If the Administrator has quarantined any area other than infested or associated fields because of its inseparability for quarantine enforcement purposes from infested or associated fields, as provided in paragraph

(a)of this section, that area will be removed from quarantine when the relevant infested or associated fields are removed from quarantine.

(4)*Protocol for removal of fields from quarantine.* The Administrator will remove infested and associated fields, and other areas as provided in this section, from quarantine for pale cyst nematode in accordance with the protocols published on the Plant Protection and Quarantine website at *https://www.aphis.usda.gov/planthealth/pcn.* The protocols may also be obtained by request from any local office of Plant Protection and Quarantine; local offices are listed in telephone directories. Any substantive changes we propose to make to the protocols will be published for comment in the **Federal Register** . After we review the comments received, we will publish another notice in the **Federal Register** informing the public of any changes to the protocols. Done in Washington, DC, this 1st day of December 2020. Michael Watson, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2020-26962 Filed 12-28-20; 8:45 am]

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