Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-04-04.xml --- 76 64 Monday, April 4, 2011 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Beef Promotion and Research; Reapportionment, 18422-18425 2011-7826 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Utilities Service Air Force Air Force Department NOTICES Meetings:

US Air Force Scientific Advisory Board, 18537 2011-7866 Nationwide Categorical Waivers under Section 1605 (Buy American) of 2009 American Recovery and Reinvestment Act, 18537-18538 2011-7869 Animal Animal and Plant Health Inspection Service RULES Removal of List of Ports of Embarkation and Export Inspection Facilities from Regulations, 18347-18348 2011-7897 PROPOSED RULES Movement of Hass Avocados from Areas where Mediterranean Fruit Fly or South American Fruit Fly Exist, 18419-18421 2011-7894 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Gypsy Moth Identification Worksheet, 18510-18511 2011-7895 Importation Permits: Fresh Figs from Chile into Continental United States, 18511-18512 2011-7896 Armed Armed Forces Retirement Home NOTICES Senior Executive Service Combined Performance Review Board; Members, 18516-18517 2011-7719 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18553-18555 2011-7888 2011-7886 Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 18555 2011-7882 2011-7883 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Revisions to Durable Medical Equipment, Prosthetics, Orthotics, and Supplies Suppliers Safeguards, 18472-18476 2011-7885 NOTICES Statements of Organization, Functions, and Delegations of Authority, 18555-18556 2011-7903 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Reunification Procedures for Unaccompanied Alien Children, 18556 2011-7823 Coast Guard Coast Guard RULES Safety Zones: Charleston Race Week; Charleston Harbor; Charleston, SC, 18389-18391 2011-7872 Fireworks Displays in Captain of Port Columbia River Zone, 18393-18395 2011-7877 M/V DAVY CROCKETT, Columbia and Willamette Rivers, 18397-18399 2011-7890 Naval Air Station Corpus Christi Air Show, Oso Bay; Corpus Christi, TX, 18395-18397 2011-7874 Texas International Boat Show Power Boat Races;

Corpus Christi Marina, Corpus Christi, TX, 18391-18393 2011-7876 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18536-18537 2011-7943 Defense Department Defense Department See Air Force Department PROPOSED RULES Federal Acquisition Regulations:

Government Property, 18497-18504 2011-7436 Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey, Expenditures Incurred by Recipients of Biomedical Research and Development Awards, 18517-18518 2011-7804 Education Education Department NOTICES Applications for New Awards: National Professional Development Program; Correction, 18538-18539 2011-7941 Meetings: National Advisory Council on Indian Education, 18539 2011-7908 Election Election Assistance Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Voting System Testing and Certification Program Manual, Version 1.0, 18539-18540 2011-7942 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Data Collection and Comparison with Forecasted Unit Sales of Five Lamp Types; Availability, 18425-18428 2011-7939 Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures for Automatic Commercial Ice Makers, 18428-18445 2011-7728 NOTICES Meetings:

Environmental Management Site-Specific Advisory Board, Northern New Mexico, 18540-18541 2011-7892 Environmental Protection Environmental Protection Agency RULES Continuous Emission Monitoring; CFR Correction, 18415 2011-8004 Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators; Amendments, 18407-18415 2011-7899 NOTICES Clean Water Act: Final Agency Action on Three Total Maximum Daily Loads (TMDLs) in Louisiana, 18548 2011-7906 No Discharge Zone Determinations:

North Carolina Waters Along Entire Length of Brunswick and Pender Counties, etc., 18548-18549 2011-7902 Proposed CERCLA Administrative De Minimis Settlements: Casmalia Disposal Site, 18549-18550 2011-7904 Executive Office of the President See National Drug Control Policy Office See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: CPAC, Inc. Models 112, 112B, 112TC, 112TCA, 114, 114A, 114B, and 114TC Airplanes, 18376-18378 2011-7729 Amendment of Class E Airspace:

Taylor, AZ, 18378-18379 2011-7839 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 18379-18383 2011-7607 2011-7613 PROPOSED RULES Airworthiness Directives: Burl A. Rogers Models 15AC and S15AC Airplanes, 18454-18457 2011-7878 NOTICES Operating Limitations at New York Laguardia Airport: Extension, 18616-18618 2011-7843 Operating Limitations at Newark Liberty International Airport: Extension, 18618-18620 2011-7845 Order Limiting Operations at John F.

Kennedy International Airport: Extension, 18620-18622 2011-7841 Requests to Release Airport Property: Helena Regional Airport, Helena, MT, 18622 2011-7834 Submission Deadlines, Winter 2011-2012 Scheduling Season: O'Hare International Airport, John F. Kennedy International Airport, and Newark Liberty International Airport, 18622-18623 2011-7844 Federal Communications Federal Communications Commission RULES Television Broadcasting Services: New Haven, CT, 18415 2011-7789 PROPOSED RULES Contributions to Telecommunications Relay Service Fund, 18490-18497 2011-7798 Improving Communications Services for Native Nations by Promoting Greater Utilization of Spectrum over Tribal Lands, 18476-18490 2011-7825 Television Broadcasting Services:

Augusta, GA, 18497 2011-7787 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18550-18551 2011-7909 Federal Deposit Federal Deposit Insurance Corporation NOTICES Determination of Insufficient Assets to Satisfy Claims Against Financial Institution in Receivership, 18551-18552 2011-7796 2011-7797 Updated Listing of Financial Institutions in Liquidation, 18552 2011-7800 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 18552 2011-8068 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Copper Valley Electric Association, 18542 2011-7780 Wediko Children's Services, 18541-18542 2011-7779 Combined Filings, 18542-18545 2011-7851 2011-7852 Filing Priorities for Preliminary Permit Applications: FFP Missouri 12, LLC; Three Rivers Hydro LLC; Allegheny 2 Hydro, LLC; LockPlus Hydro Friends Fund XXXVIII, 18545-18546 2011-7856 FFP Missouri 16, LLC; LockPlus Hydro Friends Fund XLVII; Solia 7 Hydroelectric, LLC; Three Rivers Hydro LLC, 18546-18547 2011-7857 FFP Missouri 5, LLC;

Solia 2 Hydroelectric, LLC; LockPlus Hydro Friends Fund XXXIV, 18545 2011-7858 FFP Missouri 6, LLC; LockPlus Hydro Friends Fund XXXVII; Solia 1 Hydroelectric, LLC, 18547 2011-7850 LockPlus Hydro Friends Fund XLII; FFP Missouri 10, LLC; Solia 7 Hydroelectric, LLC, 18545 2011-7860 LockPlus Hydro Friends Fund XLVI; Three Rivers Hydro LLC; Solia 3 Hydroelectric, LLC; FFP Missouri 17, LLC, 18546 2011-7854 Solia 5 Hydroelectric, LLC; LockPlus Hydro Friends Fund XLIV; FFP Missouri 11, LLC, 18546 2011-7853 Solia 6 Hydroelectric, LLC;

FFP Missouri 8, LLC; LockPlus Hydro Friends Fund XXXVI, 18546 2011-7855 Solia 8 Hydroelectric, LLC; LockPlus Hydro Friends Fund XLV; FFP Missouri 9, LLC, 18546 2011-7859 Proposed Restricted Service List for Properties On or Eligible for the National Register of Historic Places: Grand River Dam Authority, 18547-18548 2011-7778 Federal Housing Finance Agency Federal Housing Finance Agency RULES Federal Home Loan Bank Liabilities, 18366-18375 2011-7832 Federal Housing Finance Board Federal Housing Finance Board RULES Federal Home Loan Bank Liabilities, 18366-18375 2011-7832 Federal Railroad Federal Railroad Administration NOTICES Approval of Discontinuance or Modification of Railroad Signal System;

Applications, 18623 2011-7838 Petitions for Approval; Railroad Safety Program Plan, 18623 2011-7840 Federal Reserve Federal Reserve System RULES Consumer Leasing, 18349-18354 2011-7377 Truth in Lending, 18354-18365 2011-7376 PROPOSED RULES Financial Market Utilities, 18445-18454 2011-7812 Federal Transit Federal Transit Administration NOTICES Research, Technical Assistance and Training Programs: Final Circular, Availability, 18624-18625 2011-7824 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants;

Permits, 18576-18577 2011-7879 Entrance Fees: Merritt Island National Wildlife Refuge, Volusia and Brevard Counties, FL, 18577-18578 2011-7438 Food and Drug Food and Drug Administration NOTICES Debarment Orders: Maja S. Ruetschi, 18556-18557 2011-7782 Marilyn A. Mehlmauer, 18557-18558 2011-7783 Guidance for Institutional Review Boards, Clinical Investigators, and Sponsors; Availability: Exception from Informed Consent for Emergency Research, 18558-18559 2011-7846 Forest Forest Service NOTICES Meetings:

Ouachita-Ozark Resource Advisory Committee, 18512-18513 2011-7873 Shasta County Resource Advisory Committee, 18512 2011-7864 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations: Government Property, 18497-18504 2011-7436 Grain Inspection Grain Inspection, Packers and Stockyards Administration RULES Required Scale Tests: Correcting Amendments, 18348-18349 2011-7831 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention 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 Substance Abuse and Mental Health Services Administration NOTICES National Health Security Strategy Biennial Implementation Plan, 18552-18553 2011-7881 Health Resources Health Resources and Services Administration NOTICES Statement of Organization, Functions and Delegations of Authority, 18560-18561 2011-7781 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities, 18571-18572 2011-7837 HOPE VI Public Housing Programs, Funding and Program Data, 18570-18571 2011-7842 National Resource Bank, Comment Request, 18573 2011-7835 Public Housing Admissions/Occupancy Policy, 18572-18573 2011-7821 Environmental Impact Statements; Availability, etc.: Sunset Area Community Planned Action, City of Renton, WA, 18573-18574 2011-7945 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Request for Nominations for Invasive Species Advisory Committee, 18575-18576 2011-7916 Internal Revenue Internal Revenue Service RULES Withdrawal of Regulations Related to Validity and Priority of Federal Tax Lien, 18384-18388 2011-7933 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Rescissions: Stainless Steel Sheet and Strip in Coils from Mexico, 18518-18519 2011-7793 Antidumping Duty Reviews, Amended Final Results: Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan, 18519-18520 2011-7929 Countervailing Duty Determinations, Final Affirmative: Aluminum Extrusions from People's Republic of China, 18521-18524 2011-7926 Final Determinations of Sales at Less Than Fair Value: Aluminum Extrusions from People's Republic of China, 18524-18532 2011-7927 Justice Department Justice Department See Justice Programs Office Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Police Public Contact Survey, 18582-18583 2011-7917 Survey of State Court Criminal Appeals, 2010, 18581-18582 2011-7915 Labor Department Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Northwest California Resource Advisory Council, 18578 2011-7865 Realty Actions: Competitive Sealed Bid Sale of Public Lands in Clark County, NV, 18578-18581 2011-7871 Mine Mine Safety and Health Administration PROPOSED RULES Pattern of Violations, 18467 2011-7975 Morris Morris K.

Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Meetings; Sunshine Act, 18583 2011-7303 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations: Government Property, 18497-18504 2011-7436 National Credit National Credit Union Administration RULES Fair Credit Reporting Act and Bank Secrecy Act Compliance: Technical Amendments, 18365-18366 2011-7911 National Drug National Drug Control Policy Office NOTICES Tribal Consultation Policy, 18583-18585 2011-7833 National Indian National Indian Gaming Commission PROPOSED RULES Regulatory Review Schedule:

Tribal Consultation, 18457-18467 2011-7912 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 18561-18565 2011-7921 2011-7925 Meetings: Center for Scientific Review, 18566 2011-7923 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 18566 2011-7924 Fogarty International Center, 18567 2011-7918 National Center on Minority Health and Health Disparities, 18566 2011-7919 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:

Atlantic Bluefin Tuna Fisheries, 18416-18418 2011-7932 Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagic Resources of Gulf of Mexico and South Atlantic; Closure, 18415-18416 2011-7930 PROPOSED RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Quotas and Atlantic Tuna Fisheries Management Measures, 18504-18505 2011-7947 Fisheries of Northeastern United States: Northeast Skate Complex Fishery; Framework Adjustment 1, 18505-18509 2011-7949 NOTICES Fisheries of South Atlantic;

Southeast Data, Assessments, and Reviews: South Atlantic Black Sea Bass and Golden Tilefish Assessment Process Webinars, 18532-18533 2011-7914 Marine Mammals: File No. 15271, Issuance of Permit, 18534 2011-7954 File No. 15324, Receipt of Application, 18533-18534 2011-7956 File No. 15682, Receipt of Application, 18533 2011-7958 Meetings: General Advisory Committee and Scientific Advisory Subcommittee to U.S. Section to Inter American Tropical Tuna Commission, 18535-18536 2011-7946 Pacific Fishery Management Council, 18534-18535 2011-7913 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings:

Advisory Committee on Reactor Safeguards, 18586 2011-7893 Advisory Committee on Reactor Safeguards Subcommittee on Advanced Boiling Water Reactor, 18585-18586 2011-7887 Advisory Committee on Reactor Safeguards Subcommittee on Reliability and Probabilistic Risk Assessment, 18586-18587 2011-7889 Advisory Committee on Reactor Safeguards Subcommittee on United States-Advanced Pressurized Water Reactor, 18586 2011-7891 Patent Patent and Trademark Office RULES Changes to Implement Prioritized Examination Track (Track I) of Enhanced Examination Timing Control Procedures, 18399-18407 2011-7807 Pension Benefit Pension Benefit Guaranty Corporation RULES Single-Employer Plan Termination Initiated by PBGC;

CFR Correction, 18388 2011-8007 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Cesar Chavez Day (Proc. 8641), 18627-18630 2011-8128 Reclamation Reclamation Bureau NOTICES Central Valley Project Improvement Act, Standard Criteria for Agricultural and Urban Water Management Plans: Correction, 18581 2011-7870 Rural Utilities Rural Utilities Service NOTICES Grant Application Deadlines and Funding Levels, 18513-18516 2011-7829 Securities Securities and Exchange Commission NOTICES Orders of Suspension of Trading:

Corestream Energy, Inc. (f/k/a Zealous, Inc.), 18587 2011-8038 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX PHLX LLC, 18587-18589 2011-7814 NASDAQ Stock Market LLC, 18589-18591 2011-7836 NYSE Amex LLC, 18591-18613 2011-7935 Small Business Small Business Administration RULES Small Business Jobs Act: Eligible Loans for 504 Loan Program Debt Refinancing, 18375-18376 2011-7862 NOTICES Disaster Declarations: California, 18614 2011-7953 Hawaii, 18613-18614 2011-7950 Social Social Security Administration RULES Extension of Sunset Date for Attorney Advisor Program, 18383-18384 2011-7898 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Performance Measurement, Evaluation and Public Diplomacy Program Surveys, 18615-18616 2011-7931 Vendor Application for OFM Website Account; Foreign Mission Emergency Afterhours Contact, etc., 18614-18615 2011-7928 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18567-18570 2011-7875 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Pennsylvania Regulatory Program, 18467-18472 2011-7907 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration RULES Procedures for Transportation Workplace Drug and Alcohol Testing Program;

CFR Correction, 18072-18073 Editorial Note: This document was inadvertently placed under the Environmental Protection Agency in the Federal Register Table of Contents of April 1, 2011, Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Presidential Documents, 18627-18630 2011-8128 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 64 Monday, April 4, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 91 [Docket No. APHIS-2009-0078] RIN 0579-AD25 Removal of the List of Ports of Embarkation and Export Inspection Facilities From the Regulations AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the live animal export regulations by removing the list of designated ports of embarkation and their associated export inspection facilities. As a result of this rulemaking, those ports and facilities will be listed on the Internet rather than in the regulations, thus enabling us to amend the list, when necessary, in a timelier manner than we have been able to heretofore and allowing us greater flexibility in regulating animal exports.

DATES: *Effective Date:* May 4, 2011. FOR FURTHER INFORMATION CONTACT: Dr. Courtney Bronner Williams, Senior Staff Veterinarian, Technical Trade Services, National Center for Import and Export, VS, APHIS, 4700 River Road, Unit 39, Riverdale, MD 20737-1231;

(301)734-8364. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR part 91, “Inspection and Handling of Livestock for Exportation” (referred to below as the regulations), prescribe conditions for exporting animals from the United States. The regulations state, among other things, that all animals, except animals exported by land to Canada or Mexico, must be exported through designated ports of embarkation, unless the exporter can show that the animals would suffer undue hardship if they were required to be moved to a designated port of embarkation. On September 17, 2010, we published in the **Federal Register** (75 FR 56914-56916, Docket No. APHIS-2009-0078) a proposal 1 to amend the live animal export regulations by removing the list of designated ports of embarkation and their associated export inspection facilities contained in § 91.14(a). We proposed to replace the list with text referring the reader to an Animal and Plant Health Inspection Service (APHIS) Veterinary Services area office for obtaining the list or the APHIS Web site for viewing it. Our proposal was intended to enable us to amend the list, when necessary, in a timelier manner than we previously had been able to and allow us greater flexibility in regulating animal exports. Because the designated ports of embarkation and associated export inspection facilities had been listed in the regulations, the list could only be amended to add or remove ports or export inspection facilities or to update contact information by means of rulemaking. 1 To view the proposed rule and the comments we received, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0078.* We also proposed to make some changes to the regulations in § 91.14(d) pertaining to approval and denial, revocation, or suspension of approval of export inspection facilities in order to clarify the regulations and ensure that standards are being maintained at ports and facilities covered under these regulations. Specifically, we proposed to add a requirement to § 91.14(d) that designated ports of embarkation and export facilities be reevaluated annually for compliance with the regulations by means of an APHIS inspection. We also proposed to simplify § 91.14(d) by eliminating references therein to suspension of approval, since the paragraph did not draw a clear distinction between suspension and revocation, and for enforcement purposes, the two were essentially the same. Finally, we proposed to add to § 91.14(d) procedures for reinstatement following revocation of approval, since the existing regulations did not address the subject directly. We solicited comments concerning our proposal for 60 days ending November 16, 2010. We received one comment by that date, from a livestock exporter. The commenter supported the proposed rule. Though we are not making any changes to this final rule in response to the comment, we are making one editorial revision. In the September 2010 proposed rule, § 91.14(a) indicated that the determination that an export inspection facility met our requirements would be made by an APHIS veterinarian. To make paragraph

(a)consistent with the rest of § 91.14, we are amending that paragraph to indicate that such determinations will be made by the Administrator. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule, with the change discussed in this document. Executive Order 12866 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. 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 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 . This final rule amends the live animal export regulations by removing the list of designated ports of embarkation and their associated export inspection facilities. As a result of this rulemaking, those ports and facilities will henceforth be listed on the Internet rather than in the regulations, allowing us to amend the list, when necessary, in a timelier manner than we were able to previously. Those entities most likely to be economically affected by the rule are exporters of live animals and domestic livestock producers. These entities either sell goods on their own account (import/export merchants) or arrange for the sale of goods owned by others (import/export agents and brokers). Affected entities may include beef cattle ranching and farming operations, dairy cattle and milk production operations, hog and pig farming operations, sheep and goat farming operations, and cattle feedlots. The Small Business Administration has established guidelines for determining which businesses are to be considered small. Based on the most recent data we have regarding annual receipts, it is likely that most of the entities that will be affected by this rule are small. However, this rulemaking only amends APHIS' administrative process for changing the list of designated embarkation ports and associated export inspection facilities. This action does not make any changes in the status of any designated embarkation port or associated export inspection facility, nor does it alter the technical criteria by which designated embarkation ports and associated export inspection facilities are added to or removed from this list. We expect that this final rule will have little effect on U.S. entities other than benefits they may derive from timelier changes to the list of designated ports of embarkation and associated export inspection facilities. 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 7 CFR part 3015, subpart V.) 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. Paperwork Reduction Act This final rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 9 CFR Part 91 Animal diseases, Animal welfare, Exports, Livestock, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 9 CFR part 91 as follows: PART 91—INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION 1. The authority citation for part 91 continues to read as follows: Authority: 7 U.S.C. 8301-8317; 19 U.S.C. 1644a(c); 21 U.S.C. 136, 136a, and 618; 46 U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, and 371.4. 2. Section 91.14 is amended by revising paragraphs (a), (b), and

(d)to read as follows: § 91.14 Ports of embarkation and export inspection facilities.

(a)All ports that have export inspection facilities which the Administrator has determined satisfy the requirements of paragraph

(c)of this section are hereby designated as ports of embarkation. A list of designated ports of embarkation can be viewed on the Internet at *http://www.aphis.usda.gov/regulations/vs/iregs/animals/* or obtained from a Veterinary Services area office. Information on area offices is available at *http://www.aphis.usda.gov/animal_health/area_offices/.* All animals, except animals being exported by land to Mexico or Canada, shall be exported through said ports or through ports designated in special cases under paragraph

(b)of this section.

(b)In special cases, other ports may be designated as ports of embarkation by the Administrator, with the concurrence of the Commissioner of the Bureau of Customs and Border Protection, when the exporter can show to the satisfaction of the Administrator that the animals to be exported would suffer undue hardship if they are required to be moved to a port listed as a designated port of embarkation in accordance with paragraph

(a)of this section. Ports shall be designated in special cases as ports of embarkation only if the inspection facilities are approved as meeting the requirements of paragraph

(c)of this section.

(d)*Approval and denial or revocation of approval.* Approval of each export inspection facility for designation under paragraph

(a)of this section, and in special cases under paragraph

(b)of this section, shall be obtained from the Administrator. Approval of an export inspection facility under paragraph

(a)or

(b)of this section will be denied or revoked for failure to meet the standards in paragraph

(c)of this section. Designated ports of embarkation and export facilities shall be reevaluated annually, by means of an APHIS site inspection, for continued compliance with the standards contained in paragraph

(c)of this section. If the port or facility fails to pass the annual inspection, its designation will be revoked, and it will be removed from the list of designated ports and facilities. A written notice of any proposed denial or revocation shall be given to the operator of the facility, and he or she will be given an opportunity to present his or her views thereon. Such notice shall list in detail the deficiencies concerned. After remedying the deficiencies, an operator may request another inspection. Approval of a port of embarkation in connection with the designation of an export inspection facility in special cases shall be limited to the special case for which the designation was made. 3. In § 91.15, paragraph

(a)is revised to read as follows: § 91.15 Inspection of animals for export.

(a)All animals offered for exportation to any foreign country, except by land to Mexico or Canada, shall be inspected within 24 hours of embarkation by an APHIS veterinarian at an export inspection facility at a port listed as a designated port of embarkation in accordance with § 91.14(a), or at a port or inspection facility designated by the Administrator in a special case under § 91.14(b). Done in Washington, DC, this 29th day of March 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2011-7897 Filed 4-1-11; 8:45 am]

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