Vol. 82 Tuesday, No. 227 November 28, 2017 Pages 56151-56528

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Vol. 82Tuesday,No. 227November 28, 2017Pages 56151–56528ethrower on DSK3G9T082PROD with FRONT MATTER WSOFFICE OF THE FEDERAL REGISTERVerDate Sep 11 201421:53 Nov 27, 2017Jkt 244001PO 00000Frm 00001Fmt 4710Sfmt 4710E:\FR\FM\28NOWS.LOC28NOWS

ethrower on DSK3G9T082PROD with FRONT MATTER WSIIFederal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017The FEDERAL REGISTER (ISSN 0097–6326) is published daily,Monday through Friday, except official holidays, by the Officeof the Federal Register, National Archives and RecordsAdministration, Washington, DC 20408, under the Federal RegisterAct (44 U.S.C. Ch. 15) and the regulations of the AdministrativeCommittee of the Federal Register (1 CFR Ch. I). TheSuperintendent of Documents, U.S. Government Publishing Office,Washington, DC 20402 is the exclusive distributor of the officialedition. Periodicals postage is paid at Washington, DC.The FEDERAL REGISTER provides a uniform system for makingavailable to the public regulations and legal notices issued byFederal agencies. These include Presidential proclamations andExecutive Orders, Federal agency documents having generalapplicability and legal effect, documents required to be publishedby act of Congress, and other Federal agency documents of publicinterest.Documents are on file for public inspection in the Office of theFederal Register the day before they are published, unless theissuing agency requests earlier filing. For a list of documentscurrently on file for public inspection, see www.ofr.gov.The seal of the National Archives and Records Administrationauthenticates the Federal Register as the official serial publicationestablished under the Federal Register Act. Under 44 U.S.C. 1507,the contents of the Federal Register shall be judicially noticed.The Federal Register is published in paper and on 24x microfiche.It is also available online at no charge at www.fdsys.gov, a serviceof the U.S. Government Publishing Office.The online edition of the Federal Register is issued under theauthority of the Administrative Committee of the Federal Registeras the official legal equivalent of the paper and microfiche editions(44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. eachday the Federal Register is published and includes both text andgraphics from Volume 59, 1 (January 2, 1994) forward. For moreinformation, contact the GPO Customer Contact Center, U.S.Government Publishing Office. Phone 202-512-1800 or 866-5121800 (toll free). E-mail, gpocusthelp.com.The annual subscription price for the Federal Register paperedition is 749 plus postage, or 808, plus postage, for a combinedFederal Register, Federal Register Index and List of CFR SectionsAffected (LSA) subscription; the microfiche edition of the FederalRegister including the Federal Register Index and LSA is 165,plus postage. Six month subscriptions are available for one-halfthe annual rate. The prevailing postal rates will be applied toorders according to the delivery method requested. The price ofa single copy of the daily Federal Register, including postage,is based on the number of pages: 11 for an issue containingless than 200 pages; 22 for an issue containing 200 to 400 pages;and 33 for an issue containing more than 400 pages. Single issuesof the microfiche edition may be purchased for 3 per copy,including postage. Remit check or money order, made payableto the Superintendent of Documents, or charge to your GPODeposit Account, VISA, MasterCard, American Express, orDiscover. Mail to: U.S. Government Publishing Office—NewOrders, P.O. Box 979050, St. Louis, MO 63197-9000; or call tollfree 1-866-512-1800, DC area 202-512-1800; or go to the U.S.Government Online Bookstore site, see bookstore.gpo.gov.There are no restrictions on the republication of material appearingin the Federal Register.How To Cite This Publication: Use the volume number and thepage number. Example: 82 FR 12345.Postmaster: Send address changes to the Superintendent ofDocuments, Federal Register, U.S. Government Publishing Office,Washington, DC 20402, along with the entire mailing label fromthe last issue received.SUBSCRIPTIONS AND COPIESPUBLICSubscriptions:Paper or fiche202–512–1800Assistance with public subscriptions202–512–1806General online information202–512–1530; 1–888–293–6498Single copies/back copies:Paper or fiche202–512–1800Assistance with public single copies1–866–512–1800(Toll-Free)FEDERAL AGENCIESSubscriptions:Assistance with Federal agency 2–741–6000.VerDate Sep 11 201421:53 Nov 27, 2017Jkt 244001PO 00000Frm 00002Fmt 4710Sfmt 4710E:\FR\FM\28NOWS.LOC28NOWS

IIIContentsFederal RegisterVol. 82, No. 227Tuesday, November 28, 2017Defense DepartmentSee Engineers CorpsAgricultural Marketing ServiceRULESPecans Grown in States of Alabama, Arkansas, Arizona,California, Florida, Georgia, Kansas, Louisiana,Missouri, Mississippi, North Carolina, New Mexico,Oklahoma, South Carolina, and Texas:Establishment of Reporting Requirements and NewInformation Collection, 56152–56155Walnuts Grown in California:Decreased Assessment Rate, 56151–56152Agriculture DepartmentSee Agricultural Marketing ServiceNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals:Charter School Facilities National Questionnaire, 56224–56225SEA and LEA Self-Assessment and Monitoring Protocol,56225–56226Energy DepartmentSee Federal Energy Regulatory CommissionPROPOSED RULESBureau of Consumer Financial ProtectionEnergy Conservation Program:Energy Conservation Standards Program Design, 56181–56186NOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 56223–56224NOTICESCenters for Medicare & Medicaid ServicesPROPOSED RULESMedicare Program:Contract Year 2019 Policy and Technical Changes to theMedicare Advantage, Medicare Cost Plan, MedicareFee-for-Service, the Medicare Prescription DrugBenefit Programs, and the PACE Program, 56336–56527NOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 56242–56244Charter Renewals:National Coal Council, 56226Import/Export Authorizations:United Energy Trading Canada, ULC; Cannat Energy, Inc.;DTE Energy Trading, Inc., et al., 56226–56228Engineers CorpsPROPOSED RULESReport on Potential Actions To Reduce Regulatory Burdenson Domestic Energy Production, 56192–56193Environmental Protection AgencyRULESCivil Rights CommissionNOTICESMeetings:Louisiana Advisory Committee, 56208Coast GuardRULESSafety Zones:Delaware River, Pipeline Removal, Marcus Hook, PA,56170–56172Commerce DepartmentSee Foreign-Trade Zones BoardSee International Trade AdministrationSee National Oceanic and Atmospheric AdministrationNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 56208–56210sradovich on DSK3GMQ082PROD with FRONT MATTER CNEducation DepartmentAir Quality State Implementation Plans; Approvals andPromulgations:Missouri; Approval of Air Quality Implementation Plans;Infrastructure SIP Requirements for 2008 OzoneNational Ambient Air Quality Standard; Withdrawalof Direct Final Rule, 56172–56173Missouri; Approval of Air Quality Implementation Plans;Infrastructure SIP Requirements for 2010 SulfurDioxide National Ambient Air Quality Standard;Withdrawal of Direct Final Rule, 56172Nebraska; Approval of Air Quality Implementation Plan,Operating Permits Program, and 112(l) Program;Revision to Nebraska Administrative Code;Withdrawal of Direct Final Rule, 56173Tolerance Exemptions:Polyethyleneimine, 56173–56176NOTICESCERCLA Administrative Cost Recovery Settlements:Rowayton Trading Co., Inc., Bridgeport Fire Site,Bridgeport, CT, 56234–56235Peer Reviews:Safe Drinking Water Act Decision Making on Perchloratein Drinking Water, 56235–56236Commodity Futures Trading CommissionRULESMargin Requirements for Uncleared Swaps for SwapDealers and Major Swap Participants; Correction,56169–56170NOTICESFederal Aviation AdministrationAgency Information Collection Activities; Proposals,Submissions, and Approvals, 56221–56222Agency Information Collection Activities; Proposals,Submissions, and Approvals:Whistleblower Provision, 56222–56223RULESVerDate Sep 11 201422:08 Nov 27, 2017Jkt 244001PO 00000Frm 00001Airworthiness Directives:Airbus Airplanes, 56158–56163, 56167–56169Airbus Helicopters Deutschland GmbH Helicopters,56163–56165Fmt 4748Sfmt 4748E:\FR\FM\28NOCN.SGM28NOCN

Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / ContentsIVSikorsky Aircraft Corporation Helicopters, 56165–56167The Boeing Company Airplanes, 56156–56158Federal Communications CommissionPROPOSED RULESPromoting Investment in 3500–3700 MHz Band, 56193–56201NOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 56236–56240Meetings:North American Numbering Council, 56240Federal Deposit Insurance CorporationNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 56240–56241Federal Emergency Management AgencyForeign-Trade Zones BoardNOTICESProduction Activities:Dallas Airmotive, Inc.; Foreign-Trade Zone 39; Dallas/Fort Worth, TX, 56210–56211Eastman Chemical Co.; Foreign-Trade Zone 204: TriCities Area, TN/VA, 56212Klaussner Home Furnishings; Foreign-Trade Zone 230;Piedmont Triad Area, NC, 56211–56212Marine Industries Association of South Florida; ForeignTrade Zone 241; Fort Lauderdale, FL, 56212–56213Proposed Reestablishments and Expansions of Sites:Foreign-Trade Zone 276 Kern County, CA, 56213–56214Subzone Applications:Orgill, Inc.; Foreign-Trade Zone 144; Brunswick, GA,56211Subzone Approvals:Ekornes Inc.; Somerset, NJ, 56214NOTICESFlood Hazard Determinations, 56258–56259Flood Hazard Determinations; Proposals, 56255–56258Geological SurveyNOTICESFederal Energy Regulatory CommissionNOTICESCombined Filings, 56228–56234Initial Market-Based Rate Filings Including Requests forBlanket Section 204 Authorizations:Ormesa, LLC, 56233Phibro Americas, LLC, 56229Wildwood Lessee, LLC, 56232Agency Information Collection Activities; Proposals,Submissions, and Approvals:Phragmites Adaptive Management Framework, 56262–56263Health and Human Services DepartmentSee Centers for Medicare & Medicaid ServicesSee Food and Drug AdministrationSee National Institutes of HealthFederal Maritime CommissionNOTICESHomeland Security DepartmentSee Coast GuardSee Federal Emergency Management AgencySee Transportation Security AdministrationAgreements Filed, 56242Fish and Wildlife ServicePROPOSED RULESFederal Migratory Bird Hunting and Conservation StampContest, 56201–56204Institute of Museum and Library ServicesNOTICESNOTICESEnvironmental Assessments; Availability, etc.:Draft Amendment To Add Northern Mexican Gartersnaketo Lower Colorado River Multi-Species ConservationProgram, 56261–56262Agency Information Collection Activities; Proposals,Submissions, and Approvals:2019–2021 IMLS Collections Assessment for PreservationProgram, 56275Food and Drug Administrationsradovich on DSK3GMQ082PROD with FRONT MATTER CNNOTICESDetermination of Regulatory Review Period for Purposes ofPatent Extension; RAPIVAB, 56244–56245Guidance:Pediatric Information for X-ray Imaging Device PremarketNotifications, 56248–56250Meetings:Weighing the Evidence: Variant Classification andInterpretation in Precision Oncology; PublicWorkshop, 56245–56246Regulatory Review Periods for Purposes of PatentExtensions:SAVAYSA, 56252–56253SENZA SPINAL CORD STIMULATION SYSTEM, 56250–56252YONDELIS, 56246–56248ZERBAXA, 56253–56255Foreign Assets Control OfficeNOTICESBlocking or Unblocking of Persons and Properties, 56322–56325VerDate Sep 11 201422:08 Nov 27, 2017Jkt 244001PO 00000Frm 00002Fmt 4748Interior DepartmentSee Fish and Wildlife ServiceSee Geological SurveySee Land Management BureauSee Reclamation BureauInternational Trade AdministrationNOTICESAntidumping or Countervailing Duty Investigations, Orders,or Reviews:Ripe Olives From Spain, 56218–56219Determinations of Sales at Less Than Fair Value:Carbon and Alloy Steel Wire Rod From Republic ofKorea, 56220–56221Certain Carbon and Alloy Steel Wire Rod From Belarus,Russian Federation, and United Arab Emirates,56214–56216Export Trade Certificates of Review:California Almond Export Association, LLC, 56217Meetings:United States Travel and Tourism Advisory Board,56216–56217Sfmt 4748E:\FR\FM\28NOCN.SGM28NOCN

Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / ContentsInternational Trade CommissionNOTICESInvestigations; Determinations, Modifications, and Rulings,etc.:Certain Batteries and Electrochemical Devices ContainingComposite Separators, Components Thereof, andProducts Containing Same, 56265–56266Certain Digital Video Receivers and Hardware andSoftware Components Thereof, 56268–56269Certain Mounting Apparatuses for Holding PortableElectronic Devices and Components Thereof, 56266–56267Seamless Carbon and Alloy Steel Standard, Line, andPressure Pipe From Germany: Scheduling ofExpedited Five-Year Review, 56267Proposed Stipulations and Orders:Hawker Beechcraft, Inc., et al., 56269–56270Fisheries Off West Coast States;Coastal Pelagic Species Fisheries; Biennial Specifications,56204–56207Nuclear Regulatory CommissionNOTICESMeetings; Sunshine Act, 56277–56278Permit Applications:Northwest Medical Isotopes, LLC; Hearing, 56276–56277Overseas Private Investment CorporationPostal Regulatory CommissionNOTICESLabor DepartmentNew Postal Products, 56279–56280NOTICESNationally Recognized Testing Laboratories:Intertek Testing Services NA, Inc.; Grant of Expansion ofRecognition, 56270–56271Land Management BureauNOTICESMeetings:Farmington District Resource Advisory Council, NewMexico, 56263Las Cruces District Resource Advisory Council, NewMexico, 56264NOTICESProduct Changes:First-Class Package Service Negotiated ServiceAgreement, 56280NOTICESEnvironmental Impact Statements; Availability, etc.:Pure Water San Diego Program, North City Project; SanDiego County, CA, 56264–56265Securities and Exchange CommissionNOTICESNOTICESStandard Occupational Classification System:Revision for 2018, 56271–56273National Archives and Records AdministrationNOTICESRecords Schedules, 56273–56275National Endowment for the HumanitiesNOTICESCharter Renewals:Arts and Artifacts Indemnity Panel Advisory Committee,56275–56276Humanities Panel Advisory Committee, 56276National Foundation on the Arts and the HumanitiesSee Institute of Museum and Library ServicesSee National Endowment for the HumanitiesNational Institutes of HealthNOTICESMeetings:National Institute on Alcohol Abuse and Alcoholism;Amendment, 56255National Oceanic and Atmospheric AdministrationRULESFisheries of the Caribbean, Gulf of Mexico, and SouthAtlantic:Snapper-Grouper Fishery of South Atlantic; Re-openingof Recreational Sector for Red Snapper, 56178–56179Fisheries of the Northeastern United States:Atlantic Bluefish Fishery; Quota Transfer, 56180Jkt 244001Postal ServiceReclamation BureauManagement and Budget Officesradovich on DSK3GMQ082PROD with FRONT MATTER CNPROPOSED RULESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 56278NOTICES22:08 Nov 27, 2017Summer Flounder Fishery; Quota Transfer, 56180International Fisheries:Pacific Tuna Fisheries; Restrictions on Fishing for Sharksin Eastern Pacific Ocean, 56177–56178NOTICESJustice DepartmentVerDate Sep 11 2014VPO 00000Frm 00003Fmt 4748Agency Information Collection Activities; Proposals,Submissions, and Approvals, 56281, 56292–56294,56301–56302, 56308–56309, 56319–56320Orders:Extending Conditional Temporary Exemption forNationally Recognized Statistical RatingOrganizations From Requirements Under SecuritiesExchange Act of 1934, 56309–56311Self-Regulatory Organizations; Proposed Rule Changes:Bats BZX Exchange, Inc.; Bats EDGX Exchange, Inc.; BOXOptions Exchange, LLC; et al., 56287–56288Financial Industry Regulatory Authority, Inc., 56300–56301Miami International Securities Exchange, LLC, 56291–56292, 56294–56297MIAX PEARL, LLC, 56280–56281Nasdaq ISE, LLC, 56297–56300Nasdaq MRX, LLC, 56288–56289Nasdaq PHLX, LLC, 56320NASDAQ Stock Market, LLC, 56293Nasdaq Stock Market, LLC, 56315–56317New York Stock Exchange, LLC, 56317–56319NYSE American, LLC, 56282–56286, 56302–56303NYSE Arca, Inc., 56290–56291, 56304–56308, 56311–56315Small Business AdministrationNOTICESRequests for Nominations:Advisory Committee on Veterans Business Affairs,56320–56321Sfmt 4748E:\FR\FM\28NOCN.SGM28NOCN

Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / ContentsVIState DepartmentVeterans Affairs DepartmentNOTICESNOTICESMeetings:Advisory Committee on International Law, 56322United States-Chile Environmental Cooperation AgreementWork Program; Preparation and Request for Input,56321Agency Information Collection Activities; Proposals,Submissions, and ApprovalsArtery and Vein Conditions (Vascular Diseases IncludingVaricose Veins) Disability Benefits Questionnaire,Hypertension Disability Benefits Questionnaire, NonIschemic Heart Disease (Including Arrhythmias andSurgery) Disability Benefits Questionnaire, etc.,56332–56333Agency Information Collection Activities; Proposals,Submissions, and Approvals:Lender’s Staff Appraisal Reviewer Application, 56331VBA Loan Guaranty Service Lender Satisfaction Survey,56333Charter Renewals:Advisory Committees, 56331–56332Surface Transportation BoardNOTICESDiscontinuance of Service Exemptions:Chesapeake and Indiana Railroad Co. in Starke County,IN, 56322Transportation DepartmentSee Federal Aviation AdministrationSeparate Parts In This IssueTransportation Security AdministrationNOTICESPart IIHealth and Human Services Department, Centers forMedicare & Medicaid Services, 56336–56527Agency Information Collection Activities; Proposals,Submissions, and Approvals:Exercise Information System, 56260–56261TSA Customer Comment Card, 56259–56260NOTICESReader AidsConsult the Reader Aids section at the end of this issue forphone numbers, online resources, finding aids, and noticeof recently enacted public laws.Agency Information Collection Activities; Proposals,Submissions, and Approvals, 56325–56328Requests for Comments:Terrorism Risk Insurance Program 2018 Data Call, 56328–56331To subscribe to the Federal Register Table of Contentselectronic mailing list, go to ubscriber/new, enter your e-mailaddress, then follow the instructions to join, leave, ormanage your subscription.sradovich on DSK3GMQ082PROD with FRONT MATTER CNTreasury DepartmentSee Foreign Assets Control OfficeVerDate Sep 11 201422:08 Nov 27, 2017Jkt 244001PO 00000Frm 00004Fmt 4748Sfmt 4748E:\FR\FM\28NOCN.SGM28NOCN

Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / ContentsCFR PARTS AFFECTED IN THIS ISSUEA cumulative list of the parts affected this month can be found in theReader Aids section at the end of this issue.7 CFR984.56151986.5615210 CFRProposed Rules:430.5618114 CFR39 (5 documents) .56156,56158, 56163, 56165, 5616717 CFR23.5616918 CFRProposed Rules:40.5618633 CFR165.56170Proposed Rules:Ch. II .5619240 CFR52 (3 documents) .56172,5617370.56173180.5617342 CFRProposed 647 CFRProposed Rules:96.5619350 CFR300.56177622.56178648 (2 documents) .56180Proposed Rules:ethrower on DSK3G9T082PROD with FRONT MATTER LS91.56201660.56204VerDate Sep 11 201421:59 Nov 27, 2017Jkt 244001PO 00000Frm 00001Fmt 4711Sfmt 4711E:\FR\FM\28NOLS.LOC28NOLSVII

56151Rules and RegulationsFederal RegisterVol. 82, No. 227Tuesday, November 28, 2017This section of the FEDERAL REGISTERcontains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.The Code of Federal Regulations is sold bythe Superintendent of Documents.Agricultural Marketing Service7 CFR Part 984[Doc. No. AMS–SC–17–0035; SC17–984–1FIR]Walnuts Grown in California;Decreased Assessment RateAgricultural Marketing Service,USDA.ACTION: Affirmation of interim rule asfinal rule.AGENCY:The Department ofAgriculture (USDA) is adopting, as afinal rule, without change, an interimrule that implemented arecommendation from the CaliforniaWalnut Board (Board) to decrease theassessment rate established for the2017–18 and subsequent marketingyears from 0.0465 to 0.0400 perkernelweight pound of assessablewalnuts. The Board is comprised ofgrowers and handlers of walnuts andlocally administers the Marketing Orderthat regulates the handling of walnutsgrown in California. The Board also hasa public member who has no financialinterest in walnut production orhandling.SUMMARY:Effective November 29, 2017.jstallworth on DSKBBY8HB2PROD with RULESFOR FURTHER INFORMATION CONTACT:Terry Vawter, Senior MarketingSpecialist, or Jeffrey Smutny, RegionalDirector, California Marketing FieldOffice, Marketing Order and AgreementDivision, Specialty Crops Program,AMS, USDA; Telephone: (559) 487–5901, Fax: (559) 487–5906, or Email:Terry.Vawter@ams.usda.gov orJeffrey.Smutny@ams.usda.gov.Small businesses may obtaininformation on complying with this andother marketing order regulations byviewing a guide at the following Website: -businesses; or bycontacting Richard Lower, MarketingVerDate Sep 11 201415:23 Nov 27, 2017Jkt 244001This ruleis issued under Marketing Order No.984, as amended (7 CFR part 984),regulating the handling of walnutsgrown in California, hereinafter referredto as the ‘‘Order.’’ The Order is effectiveunder the Agricultural MarketingAgreement Act of 1937, as amended (7U.S.C. 601–674), hereinafter referred toas the ‘‘Act.’’The Department of Agriculture(USDA) is issuing this rule inconformance with Executive Orders13563 and 13175. This rule falls withina category of regulatory actions that theOffice of Management and Budget(OMB) exempted from Executive Order12866 review. Additionally, becausethis rule does not meet the definition ofa significant regulatory action, it doesnot trigger the requirements containedin Executive Order 13771. See OMB’sMemorandum titled ‘‘Interim GuidanceImplementing Section 2 of the ExecutiveOrder of January 30, 2017, titled‘Reducing Regulation and ControllingRegulatory Costs’ ’’ (February 2, 2017).Under the Order, California walnuthandlers are subject to assessments,which provide funds to administer theOrder. Assessment rates issued underthe Order are intended to be applicableto all assessable California walnuts forthe entire marketing year and continueindefinitely until amended, suspended,or terminated. The Board’s marketingyear began on September 1 and ends onAugust 31.In an interim rule published in theFederal Register on July 21, 2017, andeffective July 24, 2017, (82 FR 33775),§ 984.347 was amended by decreasingthe assessment rate established forCalifornia walnuts for the 2017–18 andsubsequent marketing years from 0.0465 to 0.0400 per hundredweightpound of assessable walnuts. Thedecrease was recommended by theBoard because the 2017–18 crop isexpected to be 615,000 tons, which is62,000 tons larger than the 2016–17crop. At that crop level, handlerassessments, combined with funds fromthe financial reserve, should provideSUPPLEMENTARY INFORMATION:DEPARTMENT OF AGRICULTUREDATES:Order and Agreement Division,Specialty Crops Program, AMS, USDA,1400 Independence Avenue SW., STOP0237, Washington, DC 20250–0237;Telephone: (202) 720–2491, Fax: (202)720–8938, or Email: Richard.Lower@ams.usda.gov.PO 00000Frm 00001Fmt 4700Sfmt 4700adequate funds to administer theprogram.Final Regulatory Flexibility AnalysisPursuant to requirements set forth inthe Regulatory Flexibility Act (RFA) (5U.S.C. 601–612), the AgriculturalMarketing Service (AMS) hasconsidered the economic impact of thisaction on small entities. Accordingly,AMS has prepared this final regulatoryflexibility analysis.The purpose of the RFA is to fitregulatory actions to the scale ofbusinesses subject to such actions inorder that small businesses will not beunduly or disproportionately burdened.Marketing orders issued pursuant to theAct, and the rules issued thereunder, areunique in that they are brought aboutthrough group action of essentiallysmall entities acting on their ownbehalf.There are approximately 4,700growers of California walnuts in theproduction area and approximately 90handlers subject to regulation under theMarketing Order. The Small BusinessAdministration (SBA) defines smallagricultural growers as those havingannual receipts of less than 750,000and small agricultural service firms asthose whose annual receipts are lessthan 7,500,000 (13 CFR 121.201).According to USDA’s NationalAgricultural Statistics Service’s (NASS)2012 Census of Agriculture,approximately 86 percent of California’swalnut farms were smaller than 100acres. Further, NASS reports that theaverage yield for 2015 was 2.01 tons peracre, and the average price received for2015 was 1,620 per ton. A 100-acrefarm with an average yield of 2.01 tonsper acre would, therefore, have beenexpected to produce about 201 tons ofwalnuts. At 1,620 per ton, that farm’sproduction would have had anapproximate value of 325,620. This iswell below the SBA threshold of 750,000; thus, it can be concluded thatthe majority of California’s walnutgrowers are considered small growersaccording to SBA’s definition.According to information supplied bythe industry, approximately two-thirdsof California’s walnut handlers shippedmerchantable walnuts valued under 7,500,000 during the 2016–17marketing year and would, therefore, beconsidered small handlers according tothe SBA definition.E:\FR\FM\28NOR1.SGM28NOR1

jstallworth on DSKBBY8HB2PROD with RULES56152Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Rules and RegulationsThis rule continues in effect theaction that decreased the assessmentrate collected from handlers for the2017–18 and subsequent marketingyears from 0.0465 to 0.0400 perkernelweight pound of assessablewalnuts. The Board unanimouslyrecommended 2017–18 expenditures of 24,140,000 and an assessment rate of 0.0400 per kernelweight pound ofassessable walnuts, which is 0.0065lower than the assessment ratepreviously in effect. The quantity ofassessable walnuts for the 2017–18marketing year is estimated to be615,000 tons, 62,000 tons greater thanthe quantity estimated for the 2016–17marketing year. Therefore, even at thereduced assessment rate, the Boardshould collect approximately 22,140,000 in assessment income,which, when combined with 2,000,000from its reserves, should be adequate tocover its budgeted expenses.This rule continues in effect theaction that decreased the assessmentobligation imposed on handlers.Assessments are applied uniformly onall handlers, and some of the costs maybe passed on to growers. However,decreasing the assessment rate reducesthe burden on handlers, and may reducethe burden on growers.In addition, the Board’s meeting waswidely publicized throughout theCalifornia walnut industry, and allinterested persons were invited toattend the meeting and encouraged toparticipate in Board deliberations on allissues. Like all Board meetings, the May31, 2017, meeting was a public meeting,and all entities, both large and small,were able to express views on this issue.In accordance with the PaperworkReduction Act of 1995 (44 U.S.C.Chapter 35), the Order’s informationcollection requirements have beenpreviously reviewed by OMB andassigned OMB No: 0581–0178‘‘Vegetable and Specialty Crops.’’ Nochanges in those requirements as aresult of this action are necessary.Should any changes become necessary,they would be submitted to OMB forapproval.This action imposes no additionalreporting or recordkeeping requirementson either small or large Californiawalnut handlers. As with all Federalmarketing order programs, reports andforms are periodically reviewed toreduce information requirements andduplication by industry and publicsector agencies.USDA has not identified any relevantFederal rules that duplicate, overlap, orconflict with this rule.Comments on the interim rule wererequired to be received on or beforeVerDate Sep 11 201415:23 Nov 27, 2017Jkt 244001September 19, 2017. No comments werereceived.Therefore, for the reasons given in theinterim rule, we are adopting theinterim rule as a final rule, withoutchange.To view the interim rule, go to:https://www.regulations.gov/docket?D AMS-SC-17-0035.This action also affirms informationcontained in the interim rule concerningExecutive Orders 12866, 12988, 13175,13563, and 13771; the PaperworkReduction Act (44 U.S.C. Chapter 35);and the E-Government Act (44 U.S.C.101).After consideration of all relevantmaterial presented, it is found thatfinalizing the interim rule, withoutchange, as published in the FederalRegister (82 FR 33775, July 21, 2017)will tend to effectuate the declaredpolicy of the Act.List of Subjects in 7 CFR Part 984Marketing agreements, Nuts,Reporting and recordkeepingrequirements, Walnuts.PART 984—WALNUTS GROWN INCALIFORNIAAccordingly, the interim ruleamending 7 CFR part 984, which waspublished at 82 FR 33775 on July 21,2017, is adopted as a final rule, withoutchange. Dated: November 22, 2017.Bruce Summers,Acting Administrator, Agricultural MarketingService.[FR Doc. 2017–25736 Filed 11–27–17; 8:45 am]BILLING CODE 3410–02–PDEPARTMENT OF AGRICULTUREAgricultural Marketing Service7 CFR Part

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