Unknown. Interim rule and request for comments

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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-2011-05-19.xml --- 76 97 Thursday, May 19, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service Air Force Air Force Department NOTICES Privacy Act; Systems of Records, 28962-28964 2011-12317 Animal Animal and Plant Health Inspection Service RULES Importation of Swine Hides and Skins, Bird Trophies, and Ruminant Hides and Skins; Technical Amendment, 28886-28887 2011-12319 Validated Brucellosis-Free States:

Texas, 28885-28886 2011-12320 PROPOSED RULES Importation of Live Swine, Swine Semen, Pork, and Pork Products from Liechtenstein and Switzerland, 28910-28913 2011-12316 Secretary's Advisory Committee on Animal Health, 28910 2011-12311 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Gypsy Moth Host Material From Canada; Extension, 28948-28949 2011-12325 Importation of Tomatoes From Spain, Chile, France, Morocco, and Western Sahara;

Extension, 28949 2011-12321 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Meetings: Medicare Program; Accelerated Development Sessions for Accountable Care Organizations, 28988-28989 2011-12342 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28989-28990 2011-12150 Coast Guard Coast Guard RULES Safety Zones: Ohio River, Sewickley, PA, 28895-28897 2011-12281 NOTICES Implementation of Revised Passenger Weight Standards for Existing Passenger Vessels, 28998 2011-12282 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 28951 2011-12327 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28955-28956 2011-12265 Defense Department Defense Department See Air Force Department See Navy Department NOTICES Arms Sales Notification, 28956-28959 2011-12324 Meetings: Defense Intelligence Agency National Defense Intelligence College Board of Visitors, 28960 2011-12315 National Security Education Board, 28960-28961 2011-12318 Uniform Formulary Beneficiary Advisory Panel, 28959-28960 2011-12313 Privacy Act;

Systems of Records, 28961-28962 2011-12323 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Economic Development Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28951-28952 2011-12312 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Approval and Disapproval and Promulgation of State Implementation Plan Revisions Montana;

Infrastructure Requirements for the 1997 8-hour Ozone National Ambient Air Quality Standards, 28934-28942 2011-12357 California State Implementation Plan; Revisions: Placer County Air Pollution Control District and Feather River Air Quality Management District, 28944-28946 2011-12445 Sacramento Metropolitan Air Quality Management District, 28942-28944 2011-12443 National Emissions Standards for Hazardous Air Pollutants: Secondary Lead Smelting, 29032-29081 2011-11220 Executive Office of the President See Presidential Documents Farm Service Farm Service Agency PROPOSED RULES Agriculture Priorities and Allocations System, 29084-29106 2011-12153 Federal Aviation Federal Aviation Administration RULES Revocation of Class E Airspace:

Gruver Cluck Ranch Airport, TX, 28888 2011-12121 Ozark, MO, 28887-28888 2011-12113 PROPOSED RULES Airworthiness Directives: Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4 605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes); and Model A310 Series Airplanes, 28914-28915 2011-12309 Modification of Class E Airspace: Alturas, CA, 28915-28917 2011-12360 NOTICES Environmental Impact Statements; Availability, etc.: Panama City-Bay County International Airport, 29021 2011-12359 Waivers of Aeronautical Land-Use Assurance:

Marshfield Municipal Airport, Marshfield, WI, 29022 2011-11994 Federal Communications Federal Communications Commission PROPOSED RULES Television Broadcasting Services: El Paso, TX, 28946-28947 2011-12262 NOTICES Economic Impact of Low-Power FM Stations on Full-Service Commercial FM Stations, 28983-28986 2011-12343 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 28986 2011-12504 Federal Emergency Federal Emergency Management Agency NOTICES Emergency Declarations:

Mississippi; Amendment No. 1, 28998-28999 2011-12356 North Dakota; Amendment No. 3, 28999 2011-12355 Major Disaster Declarations: Alabama; Amendment No. 10, 28999-29000 2011-12353 Georgia; Amendment No. 5, 28999 2011-12351 Federal Energy Federal Energy Regulatory Commission NOTICES Annual Change in the Producer Price Index for Finished Goods, 28966-28967 2011-12303 Applications: Columbia Gas Transmission, LLC, 28967 2011-12295 Authorizations for Continued Project Operation: MeadWestvaco, 28968 2011-12300 Complaints:

Imperial Oil and ExxonMobil Oil Corp. v. Enbridge Pipelines (Southern Lights) LLC, 28968 2011-12294 Environmental Assessments; Availability, etc.: Crowville Salt Dome Storage Project Amendment, Perryville Gas Storage LLC, Franklin Parish, LA, 28968-28970 2011-12296 Filings: Worsham-Steed Gas Storage, LLC, 28970 2011-12302 Rate Approval Petitions: Atlanta Gas Light Co., 28971 2011-12301 Requests Under Blanket Authorizations: Eastern Shore Natural Gas Co., 28972-28973 2011-12297 2011-12298 Paiute Pipeline Co., 28971 2011-12299 Tariff Filings:

Terra-Gen Dixie Valley, LLC, 28973-28983 2011-12278 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications; Vision, 29022-29028 2011-12340 2011-12349 2011-12350 Federal Transit Federal Transit Administration PROPOSED RULES Calculation of Average Passenger Weight and Test Vehicle Weight: Bus Testing, 28947 2011-12292 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for Astragalus Jaegerianus (Lane Mountain Milk-Vetch), 29108-29129 2011-12330 NOTICES Applications for Enhancement of Survival Permits:

Endangered Plants and Wildlife, 29005-29006 2011-12345 Food and Drug Food and Drug Administration NOTICES Meetings: Ultra High Throughput Sequencing for Clinical Diagnostic Applications - Approaches to Assess Analytical Validity, 28990-28991 2011-12310 Foreign-Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization Under Alternative Site Framework: Foreign-Trade Zone 59, Lincoln, NE, 28952-28953 2011-12094 Forest Forest Service NOTICES Meetings: Hiawatha East Resource Advisory Committee, 28951 2011-12329 Kisatchie National Forest Resource Advisory Committee, 28949-28950 2011-12284 Lynn Canal/Icy Straits Resource Advisory Committee, 28950 2011-12346 Sabine Resource Advisory Committee, 28950 2011-12146 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 28986-28988 2011-12337 2011-12338 Health Resources Health Resources and Services Administration NOTICES Privacy Act; Systems of Records, 28991-28994 2011-12258 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services NOTICES Extension of Employment Authorization for Haitian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship, etc., 28997-28998 2011-12430 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Choice Neighborhoods, 29004-29005 2011-12275 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Treatment of Property Used to Acquire Parent Stock or Securities in Certain Triangular Reorganizations Involving Foreign Corporations, 28890-28895 2011-12279 International Trade Adm International Trade Administration NOTICES Extension of Time Limits for Preliminary Results of the Second Antidumping Duty Administrative Review:

Steel Wire Garment Hangers from the People's Republic of China, 28953-28954 2011-12341 International Trade Com International Trade Commission NOTICES Investigations: Certain Aluminum Extrusions from China, 29007-29008 2011-12276 Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same, 29006-29007 2011-12293 Granular Polytetrafluoroethylene Resin from Italy; Correction, 29008 2011-12277 Meetings: Caribbean Basin Economic Recovery Act;

Impact on U.S. Industries and Consumers and on Beneficiary Countries, 29008-29009 2011-12260 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fire Protection in Shipyard Employment, 29011 2011-12332 Ionizing Radiation Standard, 29010-29011 2011-12333 Records of Tests and Examinations of Mine Personnel Hoisting Equipment, 29009-29010 2011-12305 Unemployment Insurance Data Validation Program, 29012 2011-12306 Land Land Management Bureau NOTICES Plats of Survey:

Montana, 29006 2011-12347 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29012-29013 2011-12363 National Capital National Capital Planning Commission NOTICES Senior Executive Service; Performance Review Board; Members, 29013 2011-11983 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28994-28995 2011-12375 Meetings:

Eunice Kennedy Shriver National Institute of Child Health and Human Development, 2011-12288 28995-28997 2011-12289 2011-12336 National Heart, Lung, and Blood Institute, 28996 2011-12334 National Institute of Allergy and Infectious Diseases, 28997 2011-12290 National Institute of Dental and Craniofacial Research, 28996 2011-12291 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries Off West Coast States: Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures, 28897-28909 2011-12335 NOTICES International Conservation and Management Measures Recognized by the United States, 28954-28955 2011-12339 Navy Navy Department NOTICES Environmental Impact Statements;

Availability, etc.: Gulf of Alaska Navy Training Activities, 28964 2011-12283 Privacy Act; Systems of Records, 28964-28966 2011-12314 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 29013 2011-12402 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Modifications of Special Permits, 29028 2011-12147 Applications for Special Permits, 29028-29030 2011-12149 Postal Regulatory Postal Regulatory Commission NOTICES Change in Postal Prices, 29013-29014 2011-12326 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Emergency Medical Services Week (Proc. 8674), 29131-29134 2011-12546 National Defense Transportation Day and National Transportation Week (Proc. 8675), 29135-29136 2011-12547 Peace Officers Memorial Day and Police Week (Proc. 8676), 29137-29138 2011-12548 World Trade Week (Proc. 8677), 29139-29140 2011-12549 Securities Securities and Exchange Commission RULES Amendment to Procedures for Holding Funds in Dormant Filing Fee Accounts, 28888-28890 2011-12280 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Fixed Income Clearing Corp., 29018-29019 2011-12331 NASDAQ Stock Market, LLC, 29014-29017 2011-12286 National Securities Clearing Corp., 29019-29021 2011-12328 State Department State Department NOTICES Delegation of Authority: Deputy Director of U.S. Foreign Assistance to the Managing Director of the Office of U.S. Foreign Assistance, 29021 2011-12367 Deputy Secretary for Management and Resources to the Deputy Director of U.S. Foreign Assistance, 29021 2011-12372 Surface Transportation Surface Transportation Board NOTICES Discontinuance of Service:

BNSF Railway Co. in Iron and Crawford Counties, MO, 29030 2011-12322 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Extension and Redesignation of Haiti for Temporary Protected Status, 29000-29004 2011-12440 Veteran Affairs Veterans Affairs Department PROPOSED RULES Medical Foster Homes, 28917-28925 2011-12253 Tribal Veterans Cemetery Grants, 28925-28934 2011-12285 Separate Parts In This Issue Part II Environmental Protection Agency, 29032-29081 2011-11220 Part III Agriculture Department, Farm Service Agency, 29084-29106 2011-12153 Part IV Interior Department, Fish and Wildlife Service, 29108-29129 2011-12330 Part V Presidential Documents, 29131-29134 2011-12546 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 97 Thursday, May 19, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 78 [Docket No. APHIS-2011-0005] Brucellosis in Swine; Add Texas to List of Validated Brucellosis-Free States AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the brucellosis regulations concerning the interstate movement of swine by adding Texas to the list of validated brucellosis-free States. We have determined that Texas meets the criteria for classification as a validated brucellosis-free State. This action relieves certain restrictions on the interstate movement of breeding swine from Texas. DATES: This interim rule is effective on May 19, 2011.

We will consider all comments that we receive on or before July 18, 2011. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2011-0005* to submit or view comments and to view supporting and related materials available electronically. • *Postal Mail/Commercial Delivery:* Please send one copy of your comment to Docket No. APHIS-2011-0005, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. APHIS-2011-0005. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Dr. Troy Bigelow, Swine Health Programs, Aquaculture, Swine, Equine, and Poultry Programs, National Center for Animal Health Programs, VS, APHIS, 210 Walnut Street, Room 891, Des Moines, IA 50309;

(515)284-4121. SUPPLEMENTARY INFORMATION: Background Brucellosis is a contagious disease caused by bacteria of the genus *Brucella.* The disease mainly affects cattle, bison, and swine, but goats, sheep, horses, and even humans are susceptible. In its principal animal hosts, it causes loss of young through spontaneous abortion or birth of weak offspring, reduced milk production, and infertility. There is no economically feasible treatment for brucellosis in livestock. In humans, brucellosis initially causes flu-like symptoms, but the disease may develop into a variety of chronic conditions, including arthritis. Humans can be treated for brucellosis with antibiotics. The brucellosis regulations in 9 CFR part 78 (referred to below as the regulations) contain specific provisions for cattle, bison, and swine. Under the regulations, States, herds, and individual animals are classified according to their brucellosis status. Interstate movement requirements for animals are based upon the disease status of the individual animals or the herd or State from which the animal originates. We are amending § 78.43 of the regulations, which lists validated swine brucellosis-free States, to include Texas. A State may apply for validated brucellosis-free status when: • Any herd found to have swine brucellosis during the 2-year qualification period preceding the application has been depopulated. More than one finding of a swine brucellosis-infected herd during the qualification period disqualifies the State from validation as brucellosis-free; and • During the 2-year qualification period, the State has completed surveillance, annually, by either complete herd testing, market swine testing, or statistical analysis. Breeding swine originating from a validated brucellosis-free State or herd may be moved interstate without having been tested with an official test for brucellosis within 30 days prior to interstate movement, which would otherwise be required. After reviewing the State's brucellosis program records, we have concluded that Texas meets the criteria for classification as a validated brucellosis-free State. Therefore, we are adding Texas to the list of validated brucellosis-free States in § 78.43. This action relieves certain restrictions on the interstate movement of breeding swine from Texas. Immediate Action Immediate action is warranted to remove restrictions that are no longer necessary on the interstate movement of swine from Texas. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This interim rule is subject to Executive Order 12866. However, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The analysis is summarized below. The full analysis may be viewed on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov) or obtained from the person listed under FOR FURTHER INFORMATION CONTACT . The interim rule will benefit Texas swine producers who sell non-slaughter boars and sows interstate (other than those Texas swine farms that already have validated brucellosis-free herds). They will be able to forgo testing costs that are equivalent to between 1 and 2 percent of the average value of a breeding sow. The extent to which a particular operation will benefit from the interim rule will depend upon the number of non-slaughter sows and boars moved interstate. 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 rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Has no retroactive effect and

(2)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim 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 78 Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 9 CFR part 78 as follows: PART 78—BRUCELLOSIS 1. The authority citation for part 78 continues to read as follows: Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. § 78.43 [Amended] 2. Section 78.43 is amended by adding, in alphabetical order, the word “Texas,”. Done in Washington, DC, this 13th day of May 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2011-12320 Filed 5-18-11; 8:45 am]

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