Unknown. Final rule; technical amendment

4,360 words·~20 min read·/register/2010/12/10/2010-31061·

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-12-10.xml --- 75 237 Friday, December 10, 2010 Contents Agriculture Agriculture Department See Commodity Credit Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76950 2010-31030 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 76987 2010-31046 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76987-76990 2010-31071 2010-31075 Coast Guard Coast Guard PROPOSED RULES Regulated Navigation Areas: Hudson River South of the Troy Locks, NY, 76943-76946 2010-31118 Commerce Commerce Department See Foregin-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76950-76951 2010-31068 2010-31069 2010-31070 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 76960-76962 2010-31073 2010-31072 Commodity Credit Commodity Credit Corporation RULES Tobacco Transition Payment Program; Tobacco Transition Assessments, 76921-76923 2010-31061 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Real-time Public Reporting of Swap Transaction Data;

Correction, 76930 C1--2010--29994 Comptroller Comptroller of the Currency NOTICES Interagency Appraisal and Evaluation Guidelines, 77450-77473 2010-30913 Defense Department Defense Department NOTICES Science and Technology Reinvention Laboratory Personnel Management Demonstration Project, 77380-77447 2010-30876 Employee Benefits Employee Benefits Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affordable Care Act Internal Claims and Appeals and External Review Procedures for Non-Grandfathered Plans, 77002 2010-31105 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Applications to Export Electric Energy:

MAG Energy Solutions, Inc., 76962 2010-31059 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Interim Waivers from the Residential Refrigerator and Refrigerator-Freezer Test Procedure: Electrolux, 76962-76968 2010-31063 Waivers from the Residential Clothes Washer Test Procedure: General Electric Co., 76968-76970 2010-31062 Environmental Protection Environmental Protection Agency RULES Federal Requirements Under the Underground Injection Control Program:

Carbon Dioxide (CO <sup>2</sup> ) Geologic Sequestration Wells, 77230-77303 2010-29954 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2011 Drinking Water Infrastructure Needs Survey and Assessment, 76979-76980 2010-31077 NESHAP for Beryllium, 76980-76981 2010-31090 NSPS for Phosphate Rock Plants, 76978-76979 2010-31076 NSPS for Small Industrial-Commercial-Institutional Steam Generating Units, 76977-76978 2010-31089 Environmental Impact Statements;

Availability, etc.: Weekly Receipt, 76981-76982 2010-31087 Integrated Risk Information System (IRIS): Availability of Literature Searches for IRIS Assessments, 76982-76984 2010-31079 National Pollutant Discharge Elimination System General Permit for Discharges Incidental to the Normal Operation of a Vessel, 76984-76985 2010-31088 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration RULES Modifications of Class D and E Airspace, and Revocations of Class E Airspace:

Flagstaff, AZ, 76924-76925 2010-30980 PROPOSED RULES Airworthiness Directives: Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4 605R Variant F Airplanes, etc., 76926-76928 2010-31040 Safety Management System for Certificated Airports: Extension of Comment Period, 76928-76930 2010-31094 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76985 2010-31119 Federal Deposit Federal Deposit Insurance Corporation NOTICES Interagency Appraisal and Evaluation Guidelines, 77450-77473 2010-30913 Meetings;

Sunshine Act, 76985-76986 2010-31154 Federal Energy Federal Energy Regulatory Commission NOTICES Amendments: East Cheyenne Gas Storage, LLC, 76970-76971 2010-31016 Applications: Kahawai Power 1, LLC, 76972-76973 2010-31019 Lower Valley Energy, 76971-76972 2010-31017 Environmental Assessments; Availability, etc.: Florida Gas Transmission Co., LLC, Miami Mainline Loop Project, 76973-76974 2010-31015 Reedsport OPT Wave Park, LLC, 76974-76975 2010-31018 Federal Reserve Federal Reserve System NOTICES Interagency Appraisal and Evaluation Guidelines, 77450-77473 2010-30913 Food and Drug Food and Drug Administration NOTICES Determination of Regulatory Review Period for Purposes of Patent Extension:

COARTEM, 76990-76991 2010-31074 MULTAQ, 76991-76992 2010-31064 Guidance for Public, FDA Advisory Committee Members, and FDA Staff; Availability: The Open Public Hearing at FDA Advisory Committee Meetings, 76992-76993 2010-31022 Meetings: Tobacco Products Scientific Advisory Committee, 76993 2010-31066 Foreign Assets Foreign Assets Control Office NOTICES Blocking of Specially Designated Nationals Pursuant to Executive Order 13413, 77044-77045 2010-31082 Foreign Trade Foregin-Trade Zones Board NOTICES Applications for Reorganization under Alternative Site Framework:

Foregin-Trade Zone 86, Tacoma, WA, 76951-76952 2010-31104 Grant of Authority for Subzone Status: Lam Research Corp., Fremont, Newark, and Livermore, CA, 76952-76953 2010-31109 Reorganizations Under Alternative Site Framework: Foregin-Trade Zone 26, Atlanta, GA, 76953 2010-31108 Site Renumbering: Foregin-Trade Zone 207, Richmond, VA, 76953 2010-31098 Foregin-Trade Zone 214, Lenoir County, NC, 76953-76954 2010-31107 Foregin-Trade Zone 238, Dublin, VA, 76953 2010-31103 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Information Requests:

Realizing Full Potential of Health Information Technology To Inprove Healthcare for Americans; Path Forward, 76986-76987 2010-31159 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities To Assist Homeless, 76999 2010-30691 Funding Availabilities: FY 2010 Capacity Building for Community Development and Affordable Housing Grants, 76999 2010-31116 FY 2010 Emergency Capital Repair Grants for Multifamily Housing Projects Designated for Occupancy by the Elderly, 76999-77000 2010-31114 Interior Interior Department See Reclamation Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Specified Tax Return Preparers Required to File Individual Income Tax Returns Using Magnetic Media:

Correction, 76940 2010-31028 User Fees Relating to Enrolled Agents and Enrolled Retirement Plan Agents, 76940-76943 2010-31033 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-31023 77045-77047 2010-31024 2010-31026 International Trade Adm International Trade Administration NOTICES Extension of Time Limit for Final Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan, 76954 2010-31112 Extension of Time Limit for the Final Results of Second Antidumping Duty Administrative Review:

Certain Polyester Staple Fiber From the People's Republic of China, 76954-76955 2010-31115 Rescission of Antidumping Duty Administrative Review: Light-Walled Rectangular Pipe and Tube from the People's Republic of China, 76955-76956 2010-31117 Rescission, in Part, of Countervailing Duty Administrative Review: Certain New Pneumatic Off-the-Road Tires From the People's Republic of China, 76956 2010-31111 Justice Department Justice Department NOTICES Lodging of Proposed Consent Decrees Pursuant to CERCLA, 77000-77001 2010-31047 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 77001 2010-31065 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-31031 77005-77008 2010-31032 2010-31034 2010-31035 2010-31036 2010-31037 2010-31038 National Credit National Credit Union Administration NOTICES Interagency Appraisal and Evaluation Guidelines, 77450-77473 2010-30913 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76993-76994 2010-31053 Meetings: Center for Scientific Review, 2010-31054 2010-31057 76994-76995 2010-31058 National Toxicology Program Workshop: Role of Environmental Chemicals in the Development of Diabetes and Obesity, 76995-76997 2010-31052 Public Consultation on Personnel Reliability and Culture of Responsibility Issues, 76997 2010-31056 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Northeastern United States:

Summer Flounder Fishery; Quota Transfer, 76925 2010-31121 PROPOSED RULES Endangered and Threatened Species: Proposed Threatened and Not Warranted Status for Subspecies and Distinct Population Segments of Bearded Seal, 77496-77515 2010-30931 Proposed Threatened Status for Subspecies of the Ringed Seal, 77476-77495 2010-30934 NOTICES Applications: Marine Mammals; File No. 15415, 76956-76957 2010-31122 Fisheries of the Exclusive Economic Zone Off Alaska: North Pacific Halibut and Sablefish Individual Fishing Quota Cost Recovery Programs, 76957-76960 2010-31123 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 77008-77009 2010-31008 Meetings; Sunshine Act, 77009-77010 2010-31157 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 77010 2010-31009 Nuclear Regulatory Nuclear Regulatory Commission RULES Domestic Licensing of Production and Utilization Facilities: Updates to Incorporation by Reference of Regulatory Guides; Correction, 76923-76924 2010-31084 NOTICES Environmental Assessments; Availability, etc.: NextEra Energy Point Beach, LLC, Point Beach Nuclear Plants Units 1 and 2, 77010-77017 2010-31085 Exemptions:

NextEra Energy Seabrook, LLC, Seabrook Station Independent Spent Fuel Storage Installation, 77017-77019 2010-31080 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Expansions and Modifications of the Scope of NRTL Recognitions: FM Approvals LLC, Intertek Testing Services NA Inc., and Underwriters Laboratories Inc., 77002-77005 2010-31048 Office of United States Trade Representative See Trade Representative, Office of United States Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Influenza Vaccination Week (Proc. 8615), 77517-77520 2010-31292 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: South Coast Conduit/Upper Reach Reliability Project, Santa Barbara County, CA, 77000 2010-31039 Securities Securities and Exchange Commission PROPOSED RULES Exemptions for Advisers to Venture Capital Funds, Private Fund Advisers with Less Than $150 Million in Assets, etc., 77190-77227 2010-29957 Rules Implementing Amendments to 1940 Investment Advisers Act, 77052-77190 2010-29956 Security-Based Swap Data Repository Registration, Duties, and Core Principles, 77306-77377 2010-29719 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: C2 Options Exchange Inc., 77019-77021 2010-31049 International Securities Exchange, LLC, 77032-77034 2010-31050 NASDAQ OMX BX Inc., 77029-77031 2010-31100 NASDAQ OMX BX, Inc., 77036-77041 2010-31078 NASDAQ OMX PHLX LLC, 77028-77029 2010-31101 NASDAQ OMX PHLX, LLC, 77021-77022 2010-31096 NASDAQ Stock Market LLC, 77022-77024, 77034-77036 2010-31099 2010-31051 New York Stock Exchange LLC, 77024-77027 2010-31102 NYSE Arca, Inc., 77031-77032 2010-31097 State Department State Department PROPOSED RULES Amendments to International Traffic in Arms Regulations:

Revision of U.S. Munitions List Category VII, 76930-76935 2010-31158 Revisions to United States Munitions List, 76935-76940 2010-30994 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 77041-77042 2010-31106 Surface Transportation Surface Transportation Board PROPOSED RULES Demurrage Liability, 76946-76949 2010-30967 NOTICES Operation Exemptions: Temple and Central Texas Railway, Inc.; City of Temple, TX, 77044 2010-31081 Thrift Supervision Thrift Supervision Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Fair Credit Reporting Affiliate Marketing Regulations, 77048 2010-31041 Operating Subsidiary, 77047 2010-31043 Statement on Sound Practices Concerning Elevated Risk Complex Structured Finance Activities, 77047-77048 2010-31044 Charter Renewals: Mutual Savings Association Advisory Committee, 77048-77049 2010-31021 Interagency Appraisal and Evaluation Guidelines, 77450-77473 2010-30913 Trade Representative Trade Representative, Office of United States NOTICES Determination of Trade Surplus:

Certain Sugar and Syrup Goods and Sugar Containing Products of Chile, Morocco, Costa Rica, et al., 77042-77044 2010-31055 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service See Thrift Supervision Office NOTICES Privacy Act; Systems of Records, 77044 2010-31083 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Arrival and Departure Record and Electronic System for Travel Authorization, 76997-76998 2010-31045 Cancellation of Customs Broker Licenses, 76998-76999 2010-31042 Western Western Area Power Administration NOTICES 2015 Resource Pool: Sierra Nevada Region, 76975-76977 2010-31060 Separate Parts In This Issue Part II Securities and Exchange Commission, 77052-77227 2010-29957 2010-29956 Part III Environmental Protection Agency, 77230-77303 2010-29954 Part IV Securities and Exchange Commission, 77306-77377 2010-29719 Part V Defense Department, 77380-77447 2010-30876 Part VI Federal Deposit Insurance Corporation, 77450-77473 2010-30913 Federal Reserve System, 77450-77473 2010-30913 National Credit Union Administration, 77450-77473 2010-30913 Treasury Department, Comptroller of the Currency, 77450-77473 2010-30913 Treasury Department, Thrift Supervision Office, 77450-77473 2010-30913 Part VII Commerce Department, National Oceanic and Atmospheric Administration, 77476-77515 2010-30934 2010-30931 Part VIII Presidential Documents, 77517-77520 2010-31292 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 237 Friday, December 10, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1463 RIN 0560-AH30 Tobacco Transition Payment Program; Tobacco Transition Assessments AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule; technical amendment. SUMMARY: The Commodity Credit Corporation

(CCC)is modifying the regulations for the Tobacco Transition Payment Program

(TTPP)to clarify, consistent with current practice and as required by the Fair and Equitable Tobacco Reform Act of 2004 (FETRA), that the allocation of tobacco manufacturer and importer assessments among the six classes of tobacco products will be determined using constant tax rates so as to assure that adjustments continue to be based solely on changes in the gross domestic volume of each class. This means that CCC will continue to determine tobacco class allocations using the Federal excise tax rates that applied in fiscal year 2005. These are the same tax rates used when TTPP was implemented and must be used to ensure, consistent with FETRA, that changes in the relative class assessments are made only on the basis of changes in volume, not changes in tax rates. This technical amendment does not change how the TTPP is implemented by CCC, but rather clarifies the wording of the regulation to directly address this point. DATES: *Effective Date:* December 10, 2010. FOR FURTHER INFORMATION CONTACT: Jane Reed, Economic and Policy Analysis Staff, Farm Service Agency (FSA); phone:

(202)720-6782, e-mail: *jane.reed@wdc.usda.gov.* Persons with disabilities or who require alternative means for communication (Braille, large print, audio tape, etc.) should contact the U.S. Department of Agriculture

(USDA)Target Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: FETRA (7 U.S.C. 518-519a), which was contained in the American Jobs Creation Act of 2004 (Pub. L. 108-357) authorizes TTPP, sometimes called the “tobacco buyout” program. Under TTPP, eligible former tobacco quota holders and tobacco producers receive payments in 10 annual installments in fiscal years 2005 through 2014. To fund TTPP, CCC collects quarterly assessments from domestic manufacturers and importers of tobacco products. FETRA specifies the methodology for determining quarterly assessments. As specified in FETRA and the TTPP regulations, the assessments are allocated among six statutorily-specified classes of tobacco products: Cigarettes, cigars, snuff, roll-your-own, chewing, and pipe. FETRA specifies further the initial relative percentages that each class will pay of the total assessment levied each year of the program. Analysis by USDA determined that the initial allocation in FETRA was calculated using tax data and volumes published by the Treasury Department's Alcohol and Tobacco Tax and Trade Bureau (TTB). Specifically, it appeared that Congress used calendar year 2003 relevant tobacco class volume amounts (volume measured by using number of sticks for cigarettes and cigars, pounds for the other classes) from the published TTB data and multiplied those numbers by the then-applicable maximum excise tax rate. In this way, each class' volume was converted from differing bases (sticks and pounds) to a tax dollar figure. The tax figures were added together for a six-class total. Each class' allocation was then its percentage contribution to the six-class total of excise taxes and that percentage was then specified in section 625 of Pub. L. 108-357 (7 U.S.C. 518d) as each class' initial percentage of the overall allocation for TTPP. The allocation of the total annual assessment needed to fund TTPP among the six classes is commonly referred to as Step A of the assessment process; Step B is the division of assessments within each class of that class' share among the manufacturers or importers of products in that particular class. This technical amendment only addresses Step A. The initial percentage assigned to cigarette tobacco in FETRA was 96.331 percent, as specified in 7 U.S.C. 518d(c)(1). That allocation, and the allocation to the other five classes, was not intended to be permanent. Rather, as specified in 7 U.S.C. 518d(c)(2), it was provided in FETRA that for subsequent fiscal years, the Secretary would periodically adjust the percentage of the total amount required under subsection

(b)to be assessed against, and paid by, the manufacturers and importers of each class of tobacco product specified in paragraph

(1)to reflect changes in the share of gross domestic volume held by that class of tobacco product. Thus, FETRA provides a specified restriction for adjustments to the Step A allocations to reflect changes in the share of gross domestic volume only, not changes in tax rates. The current regulation in 7 CFR 1463.5(a) specifies that “the national assessment will be divided by CCC among each class of tobacco based upon CCC's determination of each class's share of the excise taxes paid. The value of the excise taxes paid for each class of tobacco will be based upon the reports filed by domestic manufacturers and importers of tobacco products with the Department of the Treasury and the Department of Homeland Security * * *” Excise taxes paid are based on the volume of tobacco calculated from those reports, consistent with FETRA's intent to base any changes in the Step A allocations on changes in gross domestic volume. To assure the correctness of the result, a constant tax rate must be used, but the regulation is silent on which rates will be used. Until 2009, the point was moot in any event because the excise rates were, until then, unchanged. However, on April 1, 2009, Congress changed tobacco excise tax rates with the passage of the Children's Health Insurance Program Reauthorization Act of 2009 (Pub. L. 111-3) and a question has been raised subsequently about which rates would be used for the calculation. The regulation is being clarified accordingly to address that question specifically. As specified in this technical amendment, CCC will continue to use the “old” rates (the rates that were in effect when the program was established) for the Step A adjustments because otherwise the adjustments would be for changes in the tax rates instead of changes in volume. Changing the Step A allocations based on changes in excise tax rates would not be consistent with FETRA. If, for example, there were only two classes of products and for some reason the tax rate of one doubled but the volumes of the two classes remained exactly the same, then the Step A shares of the two classes would change dramatically if the new tax rates were used even though there had been no change in the volumes. That would not be consistent with FETRA because there would be an adjustment that was not based on a change in volume. The new tax rates, adopted in 2009, were proportionately raised more for cigars and roll-your-own tobacco than for the other classes, and if the new tax rates were used, the assessment for cigars and for roll-your-own tobacco would be adjusted to a percentage that would be much higher than if the adjustments are based only on changes in volume. In the meantime, those for cigarettes and some other classes would be much lower, independent of any changes in volume, and contrary to FETRA. In the case of cigars, the assessment would be nearly triple. The continued use of the old rates has been reflected in calculations for Step A adjustments published on the FSA website both in the fall of 2009 and this year. CCC will, however, continue to make adjustments based on changes in volume and, in fact, because of those adjustments the cigarette share of the assessments has declined from the original 96.3 percent to 91.57 percent for the upcoming year. As the published calculations show, a class' individual percentage volume decline or increase is not necessarily equal to the decline or increase in its proportion of the total among classes. The following hypothetical example is intended to demonstrate why this occurs: Assume there were just two categories of products and one had a volume of 100 and the other had a volume of 1, so that the larger category's proportion of the total volume, 100/101, would be over 99 percent. Assume next that the first category had a 50 percent decline in volume down to 50 units while the other stayed constant at 1. The new total volume would be 51 for the two categories. The larger category's proportion of the total volume (50 of 51) would still be over 98 percent despite the 50 percent decline in its volume. Again, this is a hypothetical example and the actual numbers used in the actual agency calculations are set out in the published calculations. This amendment ensures that the regulation is clear and remains consistent with FETRA. Because this is a clarification only, and because this action is exempt from notice and comment rulemaking as specified in 7 U.S.C. 519a, this action is taken without prior public comment, although there have been public inquiries about this issue. This amendment also corrects the authority for part 1463 to refer to the United States Code citation for FETRA, rather than the public law citation. Executive Order 12866 This technical amendment did not require Office of Management and Budget

(OMB)designation under Executive Order 12866, “Regulatory Planning and Review,” and therefore OMB has not reviewed this rule. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to the notice and comment rulemaking requirements under the Administrative Procedure Act (5 U.S.C. 553). This rule is not subject to the Regulatory Flexibility Act since CCC is not required to publish a notice of proposed rulemaking for this rule. This action is exempt from notice and comment rulemaking (7 U.S.C. 519a). Environmental Review The environmental impacts of this rule have been considered in a manner consistent with the provisions of the National Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and FSA regulations for compliance with NEPA (7 CFR part 799). The rule change is a technical amendment and is solely administrative in nature. Therefore, FSA has determined that NEPA does not apply to this Final Rule and no environmental assessment or environmental impact statement will be prepared. Executive Order 12372 Executive Order 12372, “Intergovernmental Review of Federal Programs,” requires consultation with State and local officials. The objectives of the Executive Order are to foster an intergovernmental partnership and a strengthened Federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal Financial assistance and direct Federal development. This rule neither provides Federal financial assistance or direct Federal development; it does not provide either grants or cooperative agreements. Therefore this program is not subject to Executive Order 12372. Executive Order 12988 This rule has been reviewed under Executive Order 12988, “Civil Justice Reform.” This rule would not preempt State and or local laws, and regulations, or policies unless they present an irreconcilable conflict with this rule. Before any judicial action may be brought concerning the provisions of this rule, appeal provisions of 7 CFR parts 11 and 780 would need to be exhausted. This rule would not preempt a State or tribal government law, including any State or tribal government liability law. Executive Order 13132 This rule has been reviewed under Executive Order 13132, “Federalism.” The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Executive Order 13175 This rule has been reviewed for compliance with Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” The policies contained in this rule do not have tribal implications that preempt tribal law. FSA continues to consult with Tribal officials to have a meaningful consultation and collaboration on the development and strengthening of CCC regulations. Unfunded Mandates Title II of the Unfunded Mandate Reform Act of 1995 (UMRA, Pub. L. 104-4) requires Federal agencies to assess the effects of their regulatory actions on State, local, or tribal governments or the private sector. Agencies generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local, or tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates as defined by Title II of UMRA for State, local, or tribal governments or for the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act of 1996, (Pub. L. 104-121, SBREFA). Therefore, CCC is not required to delay the effective date for 60 days from the date of publication to allow for Congressional review and this rule is effective on the date of publication in the **Federal Register** . Federal Assistance Programs The title and number of the Federal assistance program as found in the Catalog of Federal Domestic Assistance, to which this rule applies, is: Tobacco Transition Payment Program—10.085. Paperwork Reduction Act These regulations are exempt from the requirements of the Paperwork Reduction Act (44 U.S.C. Chapter 35), as specified in section 642 of Pub. L. 108-357 (7 U.S.C. 519a), which provides that these regulations, which are necessary to implement TTPP, be promulgated and administered without regard to the Paperwork Reduction Act. E-Government Act Compliance CCC is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects in 7 CFR Part 1463 Agriculture, Agricultural commodities, Acreage allotments, Marketing quotas, Price support programs, Tobacco, Tobacco transition payments. For the reasons discussed in the preamble, this rule amends 7 CFR part 1463 as follows: PART 1463—2005-2014 TOBACCO TRANSITION PAYMENT PROGRAM 1. The authority citation for part 1463 is revised to read as follows: Authority: 7 U.S.C. 518-519a, 714b, and 714c. § 1463.5 [Amended] 2. Amend paragraph (a), first sentence, by adding the words “using for all years the tax rates that applied in fiscal year 2005” at the end. Signed in Washington, DC, on December 7, 2010. Jonathan W. Coppess, Executive Vice President, Commodity Credit Corporation. [FR Doc. 2010-31061 Filed 12-9-10; 8:45 am]

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