Unknown. Affirmation of interim rule as final rule
2,507 words·~11 min read·
/register/2011/02/02/2011-2234·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-2011-02-02.xml --- 76 22 Wednesday, February 2, 2011 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Meetings: Fruit and Vegetable Industry Advisory Committee, 5779 2011-2233 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5778 2011-2272 FY 2010 Service Contract Inventory;
Availability, 5778-5779 2011-2137 Animal Animal and Plant Health Inspection Service RULES Addition of Quarantined Areas: Emerald Ash Borer in Kentucky, Michigan, Minnesota, New York, Pennsylvania, West Virginia, and Wisconsin, 5679 2011-2234 NOTICES Pest Risk Analyses; Availability: Importation of Fresh Litchi From the Republic of South Africa Into the Continental United States, 5779-5780 2011-2235 Records Of Decisions: Determination of Regulated Status of Alfalfa Genetically Engineered for Tolerance to Herbicide Glyphosate, 5780-5781 2011-2268 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993:
Advanced Media Workflow Association, Inc., 5826 2011-2078 Institute of Electrical and Electronics Engineers, 5826-5827 2011-2076 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 5814-5815 2011-2261 Centers Medicare Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department RULES Medicare, Medicaid, and Children's Health Insurance Programs:
Additional Screening Requirements, Application Fees, Temporary Enrollment Moratoria, Payment Suspensions and Compliance Plans for Providers and Suppliers, 5862-5971 2011-1686 PROPOSED RULES Medicare and Medicaid Programs: Patient Notification of Right to Access State Survey Agencies; Medicare Beneficiary Notification of Right to Access Quality Improvement Organizations, 5755-5769 2011-2275 Civil Rights Civil Rights Commission NOTICES Meetings: Texas Advisory Committee, 5781-5782 2011-2213 Coast Guard Coast Guard RULES Drawbridge Operation Regulations:
Bayou Tigre, Vermillion Parish, LA, 5685-5686 2011-2223 Pocomoke River, Pocomoke City, MD, 5686-5687 2011-2224 PROPOSED RULES Security Zones: Cruise Ships, Port of San Diego, CA; Correction, 5732-5733 2011-2222 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5815-5818 2011-2300 2011-2301 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5782 2011-2232 Commodity Futures Commodity Futures Trading Commission NOTICES Privacy Act; Systems of Records, 5974-6002 2011-2133 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements: Marking of Government-Furnished Property, 6004-6006 2011-2043 Reporting of Government Property Lost, Stolen, Damaged, or Destroyed, 6006-6008 2011-2044 Defense Department Defense Department See Defense Acquisition Regulations System PROPOSED RULES Personnel Security Program, 5729-5732 2011-2214 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances;
Applications: Mallinckrodt Inc., St. Louis, MO, 5827 2011-2289 Importers of Controlled Substances; Registrations: Research Triangle Institute, Research Triangle, NC, 5827-5829 2011-2284 Manufacturers of Controlled Substances; Applications: AMRI Rensselaer, Inc., Rensselaer, NY, 5829 2011-2288 Sigma Aldrich Research Biochemicals, Inc., Natick, MA, 5829 2011-2237 Manufacturers of Controlled Substances; Registrations: American Radiolabeled Chemicals, Inc., St. Louis, MO, 5830 2011-2294 Cambridge Isotope Lab, Andover, MA, 5829-5830 2011-2295 Cody Laboratories, Cody, WY, 5830 2011-2291 Education Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5787 2011-2274 Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs, 5787-5789 2011-2307 Fiscal Year 2011 Funding Applications: Teaching American History Grant Program, 5789-5796 2011-2290 Employment and Training Employment and Training Administration NOTICES Affirmative Determinations Regarding Applications for Reconsideration: Amdocs, Inc., Global Support Services, Advertising and Media AT and T Division, New Haven, CT, 5831 2011-2241 AT and T, Reynoldsburg, OH, 5831-5832 2011-2242 International Business Machines, Software Group Business Unit, San Jose, CA, 5832 2011-2240 Sandy Alexander, Clifton, NJ, 5832 2011-2239 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance:
Electrolux Home Products, Inc. et al., Webster City, IA, 5832-5833 2011-2238 International Business Machines Corp., Global Technology Services Business Unit, et al., Armonk, NY, 5834 2011-2249 Polaris Industries, et al., Osceola, WI, 5833 2011-2252 SunGard Higher Education, Inc. et al., Malvern, PA, 5833-5834 2011-2250 Determinations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 5834-5837 2011-2246 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 5837-5840 2011-2243 2011-2244 2011-2245 Revised Determinations on Reconsiderations:
Basic Aluminum Castings Co., Cleveland, OH, 5840 2011-2251 Progressive Furniture, Inc., Claremont, NC, 5840-5841 2011-2247 SuperMedia LLC, et al., Middleton, MA, 5840 2011-2248 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Exemptions from the Requirements of a Tolerance: Isobutane, 5687-5691 2011-2265 Pesticide Tolerances: Bispyribac-sodium, 5711-5716 2011-2266 Cyprodinil, 5691-5696 2011-2157 Fluazifop-P-butyl, 5696-5704 2011-1779 Sulfentrazone, 5704-5711 2011-1898 PROPOSED RULES Protections for Subjects in Human Research Involving Pesticides, 5735-5755 2011-1629 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5800-5802 2011-2271 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cross-Media Electronic Reporting Rule, 5802-5804 2011-2270 NSPS and NESHAP for Petroleum Refinery Sector Residual Risk and Technology Review, 5804-5805 2011-2273 Pesticide Products; Registration Applications, 5805-5808 2011-2156 Petition for a Ban on Triclosan; Availability, 5808 2011-2267 Federal Bureau Federal Bureau of Investigation NOTICES National Name Check Program:
New User Fees Schedule, 5830-5831 2011-2212 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5809-5810 2011-2282 Meetings: Advisory Committee for the 2012 World Radiocommunication Conference, 5810 2011-2306 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Proposed Flood Elevation Determinations, 5769-5774 2011-2281 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:
Gas Transmission Northwest Corp., 5796-5797 2011-2221 Baseline Filings The Narragansett Electric Co., et al., 5797 2011-2218 Combined Filings, 5798-5799 2011-2259 2011-2260 Commissioners and Staff Attendance at Leadership Development Program Induction Ceremony, 5799 2011-2220 Filings: Prairie Power, Inc., 5799-5800 2011-2219 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 5810 2011-2302 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 5810-5811 2011-2263 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 5811 2011-2262 Fish Fish and Wildlife Service NOTICES Meetings: North American Wetlands Conservation Council; Neotropical Migratory Bird Conservation Advisory Group, 5820 2011-2305 Foreign Assets Foreign Assets Control Office NOTICES Foreign Narcotics Kingpin Designation Act; Additional Designations, 5857-5859 2011-2179 2011-2181 Forest Forest Service NOTICES Meetings:
Uinta-Wasatch-Cache National Forest Resource Advisory Committee, 5781 2011-2163 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services PROPOSED RULES Planning And Establishment Of Consumer Operated And Oriented Plan Program, 5774-5777 2011-2254 NOTICES Adjusted Federal Medical Assistance Percentage Rate for the First Quarter of Fiscal Year 2011, 5811-5813 2011-2283 FY 2010 Service Contract Inventory Service Contract Inventory;
Availability, 5814 2011-2253 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Home Equity Conversion Mortgage Insurance Application for Reverse Mortgages and Related Documents, 5818-5819 2011-2297 HUD-Owned Real Estate - Dollar Home Sales Program, 5819 2011-2298 Inspector General Health Inspector General Office, Health and Human Services Department RULES Medicare, Medicaid, and Children's Health Insurance Programs:
Additional Screening Requirements, Application Fees, Temporary Enrollment Moratoria, Payment Suspensions and Compliance Plans for Providers and Suppliers, 5862-5971 2011-1686 Interior Interior Department See Fish and Wildlife Service See National Park Service NOTICES Availability of the Policy on Integrity of Scientific and Scholarly Activities, 5819-5820 2011-2366 International Trade Adm International Trade Administration NOTICES Preliminary Results of Antidumping Duty Administrative Review:
Citric Acid and Certain Citrate Salts from Canada, 5782-5787 2011-2276 International Trade Com International Trade Commission NOTICES Earned Import Allowance Program: Evaluation of the Effectiveness for Certain Apparel from the Dominican Republic, 5821-5822 2011-2217 Five-Year Review of Antudumping Orders: Orange Juice from Brazil, 5822-5824 2011-2215 Investigations: Certain Mobile Telephones and Modems, 5824-5825 2011-2216 U.S.-Korea Free Trade Agreement, Passenger Vehicle Sector Update, 5825-5826 2011-2286 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration See Federal Bureau of Investigation Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration Mine Mine Safety and Health Administration PROPOSED RULES Pattern of Violations, 5719-5729 2011-2255 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:
Snapper-Grouper Fishery of the South Atlantic; Closure of the 2010-2011 Recreational Sector for Black Sea Bass, 5717 2011-2287 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod for Processing by the Inshore Component in the Central Regulatory Area of the Gulf of Alaska, 5718 2011-2278 National Park National Park Service NOTICES Record of Decision: General Management Plan for the Cumberland Gap National Historical Park, KY, TN, and VA, 5820-5821 2011-2308 National Science National Science Foundation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5841-5842 2011-2285 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 5842-5843 2011-2310 2011-2312 Securities Securities and Exchange Commission RULES Shareholder Approval of Executive Compensation and Golden Parachute Compensation, 6010-6047 2011-1971 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5843 2011-2229 Self-Regulatory Organizations; Proposed Rule Changes:
Depository Trust Co., 5843-5845 2011-2225 Financial Industry Regulatory Authority, Inc., 5850-5856 2011-2292 NASDAQ OMX PHLX LLC, 5846-5850 2011-2227 2011-2226 Small Business Small Business Administration RULES Small Business, Small Disadvantaged Business, HUBZone, and Service-Disabled Veteran-Owned Business Status Protest and Appeal Regulations, 5680-5685 2011-2177 NOTICES Disaster Declarations: California, 5856 2011-2280 Missouri, 5856 2011-2277 Treasury Treasury Department See Foreign Assets Control Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5856-5857 2011-1915 Veteran Affairs Veterans Affairs Department PROPOSED RULES Clothing Allowance, 5733-5734 2011-2101 Separate Parts In This Issue Part II Centers for Medicare & Medicaid Services, Inspector General Office, Health and Human Services Department, 5862-5971 2011-1686 Health and Human Services Department, Centers for Medicare & Medicaid Services, 5862-5971 2011-1686 Part III Commodity Futures Trading Commission, 5974-6002 2011-2133 Part IV Defense Department, Defense Acquisition Regulations System, 6004-6008 2011-2043 2011-2044 Part V Securities and Exchange Commission, 6010-6047 2011-1971 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. 76 22 Wednesday, February 2, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2009-0098] Emerald Ash Borer; Addition of Quarantined Areas in Kentucky, Michigan, Minnesota, New York, Pennsylvania, West Virginia, and Wisconsin AGENCY:
Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the emerald ash borer regulations by adding portions of Kentucky, Michigan, Minnesota, New York, Pennsylvania, Wisconsin, and the entire State of West Virginia to the list of quarantined areas. This interim rule, which restricted the interstate movement of regulated articles from those areas, was necessary to prevent the artificial spread of the emerald ash borer to noninfested areas of the United States.
DATES: Effective on February 2, 2011, we are adopting as final the interim rule published at 75 FR 29189 on May 25, 2010. FOR FURTHER INFORMATION CONTACT: Mr. Paul Chaloux, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1231;
(301)734-0917. SUPPLEMENTARY INFORMATION: Background The emerald ash borer
(EAB)( *Agrilus planipennis* ) is a destructive wood-boring insect that attacks ash trees ( *Fraxinus* spp., including green ash, white ash, black ash, and several horticultural varieties of ash). The insect, which is indigenous to Asia and known to occur in China, Korea, Japan, Mongolia, the Russian Far East, Taiwan, and Canada, eventually kills healthy ash trees after it bores beneath their bark and disrupts their vascular tissues. Although EAB adults have been known to fly as much as one-half mile from one tree to the next, the pest can also spread when infested nursery trees, logs, or firewood are transported from one region to the next. Ash trees are valuable to the commercial timber industry and are commonly planted in urban areas. In an interim rule 1 effective and published in the **Federal Register** on May 25, 2010 (75 FR 29189-29191, Docket No. APHIS-2009-0098), we amended the EAB regulations in 7 CFR part 301 by adding areas in Kentucky, Michigan, Minnesota, New York, Pennsylvania, Wisconsin, and the entire state of West Virginia to the list of quarantined areas. 1 To view the interim rule, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0098.* Comments on the interim rule were required to be received on or before July 26, 2010. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule without change. This action also affirms the information contained in the interim rule concerning Executive Orders 12866, 12372, and 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. Regulatory Flexibility Act This action affirms an interim rule that amended the EAB regulations to expand the quarantine area to include an additional 21 counties in Kentucky, 3 counties in Michigan, 2 counties in Minnesota, 2 counties in New York, 5 counties in Pennsylvania, 5 counties in Wisconsin, and the entire State of West Virginia. Prior to this regulation, one county in Minnesota, six counties in Pennsylvania, six counties in Wisconsin, and one county in West Virginia were under quarantine. The interim rule helped to protect uninfested areas from further spread of EAB. In accordance with 5 U.S.C. 604, we have performed a final regulatory flexibility analysis, which is summarized below, regarding the economic effects of this rule on small entities. Copies of the full analysis are available on the Regulations.gov Web site (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT . If left unregulated, the spread of EAB could negatively impact several industries including nurseries, timber operations, and landscaping. These potential economic impacts would likely be much greater than government program costs and any additional costs incurred from the expansion of the quarantine area. While some firms may have been negatively affected by the interim rule, those effects will be limited to those firms that ship regulated products interstate or from quarantined areas to areas that are not under quarantine. Such firms will be required to obtain a certificate or limited permit from an APHIS inspector in order to comply with the regulation or enter into a compliance agreement with APHIS for the inspection and certification of the articles to be moved. Additional restrictions on movement during adult fly season (roughly May through September) may result in additional impacts on entities in some quarantined counties. Limited information was available on the extent to which firms in the potentially affected industries deal in ash products. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. PART 301—DOMESTIC QUARANTINE NOTICES Accordingly, we are adopting as final, without change, the interim rule that amended 7 CFR part 301 and that was published at 75 FR 29189 on May 25, 2010. Done in Washington, DC, this 27th day of January 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2011-2234 Filed 2-1-11; 8:45 am]
Connectionstraces to 2
Traces to 2 documents
1 reference not yet in our index
- 7 CFR 301
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources