Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-05-24.xml --- 76 100 Tuesday, May 24, 2011 Contents Editorial Note: Administrative Order, Continuation of the National Emergency With Respect to the Stabilization of Iraq appearing at 76 FR 29141 was published in the printed version of the **Federal Register** for Thursday, May 19, 2011, but was inadvertently omitted from the Table of Contents of the **Federal Register.** Administrative Conference of the United States NOTICES Meetings, 30088-30089 2011-12715 Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 30170-30174 2011-12505 2011-12506 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30089-30090 2011-12682 2011-12683 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Establishment of the Antelope Valley of the California High Desert Viticultural Area, 30002-30008 2011-12823 PROPOSED RULES Proposed Establishment of the Coombsville Viticultural Area, 30052-30059 2011-12822 Proposed Establishment of the Naches Heights Viticultural Area, 30060-30064 2011-12820 Animal Animal and Plant Health Inspection Service RULES Live Goats and Swine for Export;

Removal of Certain Testing Requirements, 29991-29992 2011-12758 PROPOSED RULES Importation of Fresh Pitaya Fruit From Central America Into the Continental United States, 30036-30040 2011-12755 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30090-30091 2011-12749 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accreditation of Nongovernment Facilities, 30091-30092 2011-12751 Select Agent Registration, 30092-30093 2011-12753 Meetings:

Effectiveness Indications Statements in Veterinary Biologics Labeling, 30093-30094 2011-12762 Army Army Department See Engineers Corps Bureau of Ocean Energy Management, Regulation and Enforcement NOTICES Environmental Assessments; Availability, etc.: Outer Continental Shelf Renewable Energy Program Interim Policy Leasing for Marine Hydrokinetic Technology Testing Offshore Florida, 30184-30186 2011-12724 Centers Disease Centers for Disease Control and Prevention NOTICES Interagency Committee on Smoking and Health;

Charter Renewal, 30174 2011-12568 Statement of Organization, Functions, and Delegations of Authority, 30174-30175 2011-12570 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: New Jersey Intracoastal Waterway (NJICW), Inside Thorofare, Atlantic City, NJ, 30014 2011-12674 Safety Zones: Fleet Week Maritime Festival, Pier 66, Elliott Bay, Seattle, WA, 30014-30018 2011-12675 Marysville Days Fireworks, St. Clair River, Marysville, MI, 30018-30020 2011-12676 Wicomico Community Fireworks, Great Wicomico River, Mila, VA, 30020-30023 2011-12677 PROPOSED RULES Safety Zones:

Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan zone, 30072-30080 2011-12374 Special Local Regulations for Marine Events: Lake Gaston, Enterprise, NC, 30069-30072 2011-12545 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Engineers Corps Department of Transportation See Pipeline and Hazardous Materials Safety Administration Economic Development Economic Development Administration NOTICES Petitions for Determination of Eligibility to Apply for Trade Adjustment Assistance, 30098-30099 2011-12689 Education Education Department NOTICES Federal Need Analysis Methodology for the 2012-2013 Award Year, 30139-30142 2011-12812 Employee Benefits Employee Benefits Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals Consent to Receive Employee Benefit Plan Disclosure Electronically, etc., 30199-30200 2011-12711 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Western Area Power Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30143 2011-12725 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30143-30144 2011-12718 Waivers Under the Buy American Section of the American Recovery and Reinvestment Act, 30144-30147 2011-12717 2011-12719 2011-12721 Engineers Engineers Corps RULES Danger Zones for Marine Corps Operations:

Pamlico Sound and Adjacent Waters, NC, 30023-30024 2011-12815 Restricted Areas: Menominee River, Marinette Marine Corp. Shipyard, Marinette, WI, 30024-30025 2011-12816 Environmental Protection Environmental Protection Agency RULES Land Disposal Restrictions: Site Specific Treatment Variance, Beatty. NV; Withdrawal, 30027 2011-12783 National Priorities List: National Oil and Hazardous Substance Pollution Contingency Plan, 30027-30034 2011-12763 Revisions to the California State Implementation Plan:

Placer County Air Pollution Control District and Ventura County Air Pollution Control District, 30025-30027 2011-12611 PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List: Partial Deletion of the California Gulch Superfund Site, 30081-30082 2011-12766 Revisions to the California State Implementation Plan: Placer County Air Pollution Control District and Ventura County Air Pollution Control District, 30080-30081 2011-12612 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: PM <sup>2.5</sup> National Ambient Air Quality Standard Implementation, 30148-30149 2011-12789 Meetings: Chartered Science Advisory Board, 30149-30150 2011-12773 Privacy Act; Systems of Records, 30150-30152 2011-12768 Settlements: East Calloway County Middle School Mercury Spill Site, Murray, Calloway County, KY, 30152-30153 2011-12770 Waivers of the Buy American Section of the American Recovery and Reinvestment Act of 2009: Town of Smyrna, DE, 30153-30154 2011-12772 Executive Office of the President See Presidential Documents Farm Credit Farm Credit Administration RULES Loan Policies and Operations:

Lending and Leasing Limits and Risk Management, 29992-29997 2011-12771 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes; Correction, 29997-29998 2011-12587 PROPOSED RULES Airworthiness Directives Legal Interpretation, 30040-30043 2011-12733 Airworthiness Directives: Boeing Co. Model 757 Airplanes, 30043-30045 2011-12728 Amendment of Class D and Class E Airspace: Columbus Lawson AAF, GA, 30045-30047 2011-12738 Amendment of Class E Airspace:

Lakeland, FL, 30047-30048 2011-12734 NOTICES Meetings: Civil Supersonic Aircraft Panel Discussion, 30231 2011-12742 Petitions for Exemptions; Summary of Petition Received, 30231-30232 2011-12745 Safety Approval Performance Criteria, 30232 2011-12732 Federal Communications Federal Communications Commission NOTICES Application for Modification of Various Authorizations in the Wireless Radio Services Maritime Communications/Land Mobile, LLC, 30154-30168 2011-12792 Meetings: Emergency Access Advisory Committee, 30169 2011-12801 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 30169 2011-12796 Federal Motor Federal Motor Carrier Safety Administration NOTICES Applications for Exemptions: 14-Hour Rule, American Pyrotechnics Association, 30232-30235 2011-12760 Federal Reserve Federal Reserve System NOTICES Proposals To Engage in Permissible Nonbanking Activities or To Acquire Companies Engaged in Permissible Nonbanking Activities, 30169-30170 2011-12712 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition To List the Spot-tailed Earless Lizard, 30082-30087 2011-12752 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Conservation Order for Light Geese, 30188-30189 2011-12810 International Conservation Grant Programs, 30187-30188 2011-12814 Migratory Birds and Wetlands Conservation Grant Programs, 30186-30187 2011-12807 Applications, 30189-30190 2011-12756 Environmental Assessments; Availability, etc.: Atchafalaya National Wildlife Refuge, LA, 30190-30192 2011-12698 Meetings: Wildlife and Hunting Heritage Conservation Council, 30192-30193 2011-12696 National Fish, Wildlife, and Plants Climate Adaptation Strategy, 30193-30194 2011-12710 Food and Drug Food and Drug Administration PROPOSED RULES Food Labeling:

Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments, 30051-30052 2011-12736 Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Correction, 30050-30051 2011-12735 NOTICES Draft Guidance for Clinical Investigators, Industry, and FDA Staff; Availability Financial Disclosure by Clinical Investigators, 30175-30176 2011-12623 Expedited Review for New Animal Drug Applications for Human Pathogen Reduction Claims;

Withdrawal, 30176 2011-12624 Meetings: Dermatologic and Ophthalmic Drugs Advisory Committee, 30176-30177 2011-12741 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization/Expansion Under Alternative Site Framework: Foreign-Trade Zone 161, Sedgwick County, KN, 30099-30100 2011-12790 Forest Forest Service NOTICES Meetings: Central Montana Resource Advisory Committee, 30094 2011-12569 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Meetings:

Technical Advisory Panel on Medicare Trustee Reports, 30170 2011-12684 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Section 5(h) Homeownership Program for Public Housing, 30182-30183 2011-12802 Section 8 Random Digit Dialing Fair Marketing Rent Surveys, 30183-30184 2011-12805 Industry Industry and Security Bureau RULES Removal and Modifications for Persons Listed Under Russia on the Entity List, 29998-30001 2011-12803 Inter-American Inter-American Foundation NOTICES Meetings;

Sunshine Act, 30184 2011-12961 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service PROPOSED RULES Controlled Groups; Deferral of Losses; Correction, 30052 2011-12788 NOTICES Applications; Availability: Community Volunteer Income Tax Assistance Matching Grant Program, 30243 2011-12797 Tax Counseling for the Elderly Program, 30243 2011-12794 Meetings:

Art Advisory Panel, 30243 2011-12727 International Trade Adm International Trade Administration NOTICES Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision: Certain Frozen Warmwater Shrimp From the People's Republic of China, 30100 2011-12793 Extension of Final Results of the Fifth Antidumping Duty Administrative Review: Certain Frozen Warmwater Shrimp From the People's Republic of China, 30100-30101 2011-12799 Final Results of Antidumping Duty Changed Circumstances Review:

Certain Steel Nails From the People's Republic of China, 30101-30102 2011-12800 Preliminary Results of Antidumping Duty Administrative Review: Polyethylene Retail Carrier Bags From Thailand, 30102-30107 2011-12804 International Trade Com International Trade Commission NOTICES Competitive Factors in Brazil Affecting U.S. and Brazilian Agricultural Sales in Selected Third Country Markets:, 30195-30196 2011-12672 Complaints, 30196-30197 2011-12671 Full Five-Year Review Concerning the Antidumping Duty:

Orange Juice From Brazil, 30197 2011-12673 Justice Department Justice Department NOTICES Lodging of Consent Decree Under the Clean Water Act, 30197-30198 2011-12622 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Green Technologies and Practices Survey, 30198-30199 2011-12643 Land Land Management Bureau NOTICES Proposed Reinstatement of Terminated Oil and Gas Lease:

New Mexico, NMNM 112879, 30195 2011-12716 Maritime Maritime Administration NOTICES Requested Administrative Waiver of the Coastwise Trade Laws, 30235-30238 2011-12691 2011-12692 2011-12693 2011-12695 2011-12697 NASA National Aeronautics and Space Administration NOTICES Meetings: National Space-Based Positioning, Navigation, and Timing Advisory Board, 30202 2011-12678 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 30238-30239 2011-12757 Petitions for Decisions of Inconsequential Noncompliance: Volkswagen Group of America, Inc., 30239-30241 2011-12688 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Process Evaluation of the NIH Roadmap Epigenomics Program, 30178-30179 2011-12722 Web-based Skills Training for Screening Brief Intervention and Referral to Treatment, 30177-30178 2011-12726 Meetings:

Center for Scientific Review, 30179-30180 2011-12729 2011-12737 National Institute on Deafness and Other Communication Disorders, 30179 2011-12739 2011-12740 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reopening of Commercial Penaeid Shrimp Trawling off South Carolina, 30034-30035 2011-12750 Fisheries of the Northeastern United States; Northeast Multispecies Fishery: Trip Limit Increase for the Common Pool Fishery, 30035 2011-12748 NOTICES Meetings:

Western Pacific Fishery Management Council, 30107-30109 2011-12708 Permit Applications: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coral and Coral Reefs off the Southern Atlantic States Coral and Coral Reefs off the Southern Atlantic States, 30110 2011-12767 Marine Mammals; File No. 15453, 30109-30110 2011-12764 Takes of Marine Mammals Incidental to Specified Activities: Pile Replacement Project, 30130-30139 2011-12769 Shallow Hazards Survey in the Chukchi Sea, Alaska, 30110-30130 2011-12666 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 30202-30203 2011-12663 Permit Applications Received Under the Antarctic Conservation Act, 30203 2011-12664 Permit Applications Under the Antarctic Conservation Act, 30203-30204 2011-12658 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions From Certain Security Requirements: Exelon Nuclear, Dresden Nuclear Power Station, 30204-30205 2011-12784 Meetings; Sunshine Act, 30205-30206 2011-12929 Requests for Amendments to Facility Operating Licenses:

Southern Nuclear Operating Co., Inc., Vogtle Electric Generating Plant, 30206-30211 2011-12819 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Forging Machines, 30200-30202 2011-12744 Occupational Safety Health Rev Occupational Safety and Health Review Commission PROPOSED RULES Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities, 30064-30069 2011-12404 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings:

Managing Challenges With Pipeline Seam Welds and Improving Pipeline Risk Assessments and Recordkeeping, 30241-30242 2011-12690 Postal Regulatory Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 30211 2011-12933 Product List Transfer, 30211-30212 2011-12625 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Maritime Day (Proc. 8678), 29989-29990 2011-12982 Rural Utilities Rural Utilities Service NOTICES Grant and Loan Application Deadlines and Funding Levels, 30094-30098 2011-12817 Securities Securities and Exchange Commission PROPOSED RULES Privacy Act;

Implementation and Amendment of Exemptions, 30048-30050 2011-12694 NOTICES Meetings; Sunshine Act, 30212-30213 2011-12862 2011-12878 Privacy Act; Systems of Records, 30213-30223 2011-12699 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX PHLX LLC, 30223-30224 2011-12759 Small Business Small Business Administration NOTICES Disaster Declarations: Alabama; Amendment 1, 30225-30226 2011-12706 Arkansas; Amendment 2, 30227 2011-12702 Arkansas; Amendment 3, 30226 2011-12704 Illinois;

Amendment 1, 30226-30227 2011-12703 Kentucky; Amendment 1, 30225 2011-12707 Louisiana, 30225 2011-12705 Oklahoma, 30224-30225 2011-12700 South Dakota, 30226 2011-12701 Social Social Security Administration NOTICES Meetings: Accessibility Committee of the Federal Chief Information Officers Council, 30227-30228 2011-12642 State Department State Department RULES Amendments to International Traffic in Arms Regulations: Libya, 30001-30002 2011-12621 NOTICES Culturally Significant Object Imported for Exhibition:

Portrait of a Man, 30228 2011-12806 Meetings: Advisory Committee on International Law, 30229 2011-12811 Overseas Schools Advisory Council, 30228-30229 2011-12813 Shipping Coordinating Committee, 30229-30231 2011-12808 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Alabama Regulatory Program, 30008-30010 2011-12747 Montana Regulatory Program, 30010-30014 2011-12746 Thrift Supervision Thrift Supervision Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals Minimum Security Devices and Procedures, 30243-30244 2011-12687 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service See Thrift Supervision Office Customs U.S.

Customs and Border Protection NOTICES Final Determinations: Pocket Projectors, 30180-30182 2011-12713 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Veterans' Rural Health Advisory Committee, 30244 2011-12641 Western Western Area Power Administration NOTICES Application of the Energy Planning and Management Program Power Marketing Initiative to the Boulder Canyon Project, 30147-30148 2011-12723 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. 76 100 Tuesday, May 24, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 91 [Docket No. APHIS-2009-0067] RIN 0579-AD18 Live Goats and Swine for Export; Removal of Certain Testing Requirements AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the livestock exportation regulations to eliminate the requirement for pre-export tuberculosis and brucellosis testing of goats and breeding swine intended for export to countries that do not require such tests. This action will facilitate the exportation of goats and breeding swine by eliminating the need to conduct pre-export tuberculosis and brucellosis testing when the receiving country does not require such testing.

DATES: *Effective Date:* May 24, 2011. FOR FURTHER INFORMATION CONTACT: Dr. Antonio Ramirez, 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. Section 91.6 requires that goats intended for exportation be tested for tuberculosis and, for some goats, brucellosis prior to export. Section 91.9 requires that breeding swine intended for exportation be tested for brucellosis prior to export. Some countries do not require that goats and breeding swine be tested for tuberculosis and brucellosis prior to export. Even in such cases, though, our regulations require that such testing be conducted. Thus, these requirements can create an unnecessary burden for producers when testing is not required to satisfy the import regulations of the country to which they are exporting goats and breeding swine. On September 17, 2010, we published in the **Federal Register** (75 FR 56912-56914, Docket No. APHIS-2009-0067) a proposed rule 1 to amend the livestock exportation regulations to eliminate the requirement for pre-export tuberculosis and brucellosis testing of goats and breeding swine intended for export to countries that do not require such tests. In our proposal, we discussed how this action will relieve unnecessary burdens for producers when testing is not required to satisfy the importation regulations of the country to which they are exporting goats and breeding swine. 1 To view the proposed rule and the comments we received, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0067.* In this final rule, we are making a technical amendment to the citation to paragraph (a)(1) in § 91.6(a)(4)(iii). Paragraph (a)(4)(iii) should now read that brucellosis testing is not required for dairy and breeding goats exported to a country that does not require goats from the United Stated to be tested for brucellosis as described in paragraph (a)(2) of this section. We solicited comments concerning the proposed rule for 60 days ending November 16, 2010. We received four comments by that date. They were from three private citizen and an exporter. Two commenters supported the proposed rule, and one commenter stated her opposition to the exportation of animals without raising any issues related to the proposed rule. The remaining commenter opposed our decision to eliminate the testing requirement in instances when the receiving country does not require such testing because of the risk of spreading tuberculosis and brucellosis. The commenter suggested that the testing requirement be waived only for goats or breeding swine that come from a brucellosis-free State. The commenter also suggested that all goats and breeding swine that have not been tested for brucellosis before exportation be accompanied by a document warning the destination country that they have not been tested for brucellosis. We note that all States are recognized as class free for *Brucella abortus,* the strain of brucellosis that would affect goats and as validated brucellosis free for *B. suis* , the strain of brucellosis that would affect swine. We also note that our regulations require all exported goats and breeding swine to be accompanied by an origin health certificate that certifies that the animals were inspected 30 days prior to exportation. The health certificate must also include all test results, certifications, or other statements required by the destination country. If a country does not require goats and breeding swine be tested for tuberculosis or brucellosis prior to exportation, a document stating that no pre-export test has occurred would not be necessary. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule with changes discussed in this document. Effective Date This is a substantive rule that relieves restrictions and, pursuant to the provisions of 5 U.S.C. 553, may be made effective less than 30 days after publication in the **Federal Register** . This rule eliminates the requirement for pre-export tuberculosis and brucellosis testing of goats and breeding swine intended for export to countries that do not require such tests, thus reducing the burden for producers when exporting goats and breeding swine. Therefore, the Administrator of the Animal and Plant Health Inspection Service has determined that this rule should be effective upon publication in the **Federal Register** . 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. We have prepared an economic analysis for this action. The economic analysis is posted with this final rule on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov) and may be obtained from the person listed under FOR FURTHER INFORMATION CONTACT . The analysis identifies live goat and swine exporters as the small entities most likely to be affected by this action, and considers the costs associated with the elimination of tuberculosis and brucellosis testing requirements for goats and swine being exported to countries that do require such tests. Based on the information presented in the analysis, we expect that the goat and swine wholesale trading industry will experience a reduction in compliance costs as a result of this action although the savings will be small in comparison to the value of the animals being exported. 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)Has no retroactive effect and

(2)administrative proceedings will not be required 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. In § 91.6, paragraph (a)(4) is revised to read as follows: § 91.6 Goats.

(a)* * *

(4)*Exemptions.*

(i)Goats exported for immediate slaughter need not comply with the requirements of paragraphs (a)(1), (a)(2), (a)(3), and (a)(5) of this section.

(ii)Tuberculosis testing is not required for goats over 1 month of age exported to a country that does not require goats from the United States to be tested for tuberculosis as described in paragraph (a)(1) of this section.

(iii)Brucellosis testing is not required for dairy and breeding goats exported to a country that does not require goats from the United Stated to be tested for brucellosis as described in paragraph (a)(2) of this section. 3. Section 91.9 is revised to read as follows: § 91.9 Swine.

(a)No swine shall be exported if they were fed garbage at any time. The swine shall be accompanied by a certification from the owner stating that they were not fed garbage, and that any additions to the herd made within the 30 days immediately preceding the export shipment have been maintained isolated from the swine to be exported.

(b)Except as provided in paragraph

(c)of this section, all breeding swine shall be tested for and show negative test results to brucellosis by a test prescribed in “Standard Agglutination Test Procedures for the Diagnosis of Brucellosis” or “Supplemental Test Procedures for the Diagnosis of Brucellosis.” The test results shall be classified negative in accordance with the provisions prescribed in the Recommended Brucellosis Eradication Uniform Methods and Rules, chapter 2, part II, G, 1, 2, and 3.

(c)Breeding swine exported to a country that does not require breeding swine from the United States to be tested for brucellosis need not comply with the requirements of paragraph

(b)of this section. (Approved by the Office of Management and Budget under control number 0579-0020) Done in Washington, DC, this 18th day of May 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2011-12758 Filed 5-23-11; 8:45 am]

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