Unknown. Final rule

4,603 words·~21 min read·/register/2011/07/29/2011-19250

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-2011-07-29.xml --- 76 146 Friday, July 29, 2011 Contents Agriculture Agriculture Department See Forest Service See Grain Inspection, Packers and Stockyards Administration See National Agricultural Statistics Service Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way; Correction, 45481-45482 2011-19224 Army Army Department See Engineers Corps NOTICES Availability for Exclusive, Non-Exclusive, or Partially-Exclusive Licensing of U.S.

Inventions, 45543 2011-19205 Meetings: Board of Visitors, Defense Language Institute Foreign Language Center; Cancellation, 45543 2011-19207 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Employment and Payroll Forms, 45507-45508 2011-19284 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 45575 2011-19288 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45575-45576 2011-19260 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45576-45577 2011-19229 Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Adoption and Foster Care Analysis and Reporting System, 45577 2011-19192 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Annisquam River and Blynman Canal, Gloucester, MA, 45420 2011-19186 China Basin, San Francisco, CA, 45421 2011-19187 Safety Zones: Houma Navigation Canal, Terrebonne Parish, LA, 45421-45424 2011-19185 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45506-45507 2011-19257 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 45541-45542 2011-19195 Procurement List; Proposed Additions and Deletions, 45542 2011-19196 Community Development Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45651-45652 2011-19194 Defense Department Defense Department See Army Department See Engineers Corps NOTICES Meetings:

Strategic Environmental Research and Development Program Scientific Advisory Board, 45542-45543 2011-19249 Privacy Act; Systems of Records, 45543 2011-19248 Education Education Department NOTICES Foreign Institutions: Federal Student Aid Programs, 45545 2011-19265 Meetings: Improvement of Student Financial Aid Offer Forms, Development of Model Financial Aid Forms, 45546-45547 2011-19267 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Prevailing Wage Determination and Application for Temporary Employment Certification, 45621-45622 2011-19261 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 45622-45623 2011-19209 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 45623-45624 2011-19210 Energy Department Energy Department See National Nuclear Security Administration See Western Area Power Administration PROPOSED RULES Energy Efficiency Standards for Distribution Transformers, 45471-45475 2011-19263 NOTICES Granting of Partially Exclusive Licenses:

National Energy Technology Laboratory and Envired Systems, 45547 2011-19307 Meetings: Secretary of Energy Advisory Board, 45548 2011-19242 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Skagit River General Investigation Study, Skagit County, WA, 45543-45545 2011-19208 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Pennsylvania; Determinations of Attainment of 1997 Fine Particle Standard, Harrisburg, etc.

Areas, 45424-45428 2011-19143 National Oil and Hazardous Substances Pollution Contingency Plans; National Priorities List: Deletion of Palmer Barge Line Superfund Site, 45432-45435 2011-19281 Deletion of State Marine of Port Arthur Superfund Site, 45428-45432 2011-19270 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Pennsylvania; Determinations of Attainment of 1997 Fine Particle Standard for Harrisburg, etc., Areas, 45482-45483 2011-19142 National Oil and Hazardous Substances Pollution Contingency Plans;

National Priorities List: Deletion of Palmer Barge Line Superfund Site, 45484-45485 2011-19280 Deletion of State Marine of Port Arthur Superfund Site, 45483-45484 2011-19268 NOTICES Administrative Settlement Agreement: Landfill and Development Superfund Site, Burlington County, NJ, 45552-45553 2011-19145 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Establishing No-Discharge Zones under Clean Water Act Section 312 (Renewal), 45553-45554 2011-19294 Environmental Impact Statements;

Availability, etc.: Weekly Receipt, 45554-45555 2011-19234 Nominations to FIFRA Scientific Advisory Panel, 45555-45562 2011-19174 Proposed Consent Decrees, Clean Air Act Citizen Suits, 45562-45565 2011-19287 2011-19291 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Special Conditions: Cessna Aircraft Co., Model LC40-550FG, LC41-550FG, and LC42-550FG; AmSafe Inflatable Three-Point Restraint Safety Belt, 45399-45402 2011-19157 PROPOSED RULES Amendment of Class E Airspace:

Allakaket, AK, 45477-45478 2011-19164 Northway, AK, 45475-45477 2011-19162 Establishment of Class E Airspace: Bumpass, VA, 45479-45480 2011-19159 Nahunta, GA, 45478-45479 2011-19158 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Awareness Training for the Washington DC Metropolitan Area, 45647 2011-19167 Consensus Standards, Light-Sport Aircraft, 45647-45648 2011-19163 Petitions for Exemption; Summaries of Petitions Received, 45648-45649 2011-19221 Federal Communications Federal Communications Commission PROPOSED RULES Creation of Low Power Radio Service:

Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, 45491-45499 2011-19171 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45565-45570 2011-19147 2011-19150 2011-19151 2011-19152 Meetings: Consumer Advisory Committee, 45570-45571 2011-19168 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45571-45572 2011-19283 Updated Listing of Financial Institutions in Liquidation, 45572 2011-19173 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood Elevation Determinations, 45485-45491 2011-19241 2011-19243 NOTICES Major Disaster Declarations:

Massachusetts; Amendment No. 1, 45587-45588 2011-19246 North Dakota; Amendment No. 7, 45588 2011-19247 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on I-5, Fern Valley Interchange, 45649-45650 2011-19199 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 2011-19337 45572 2011-19338 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings: Motorcoach Safety Summit and Regional Roundtables, 45650-45651 2011-19184 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 45572-45573 2011-19212 Financial Financial Crimes Enforcement Network RULES Bank Secrecy Act Regulations: Definitions and Other Regulations Relating to Prepaid Access, 45403-45420 2011-19116 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Columbia National Wildlife Refuge, Adams and Grant Counties, WA, 45600-45602 2011-19200 Environmental Impact Statements; Availability, etc.: Desert Renewable Energy Conservation Plan, Habitat Conservation Plan, etc., Southern California, 45606-45609 2011-19175 Proposed Safe Harbor Agreements:

California Red-legged Frog, Swallow Creek Ranch, San Luis Obispo County, CA, 45602-45603 2011-19204 Food and Drug Food and Drug Administration RULES Medical Imaging Drugs Advisory Committee; Re-establishment, 45402-45403 2011-19064 NOTICES Clinical Investigator Training Course, 45577-45578 2011-19149 Request for Nominations for Members: Medical Imaging Drugs Advisory Committee, 45578-45579 2011-19067 Request for Notification From Consumer Organizations Interested in Participating in the Selection Process for Nominations for Voting and/or Nonvoting Consumer Representatives:

Request for Nominations for Voting and/or Nonvoting Consumer Representatives on Public Advisory Committees or Panels, 45579-45582 2011-19066 Request for Notification From Industry Organizations Interested in Participating in the Selection Process for Nonvoting Industry Representatives: Request for Nominations for Nonvoting Industry Representatives on Public Advisory Committee, 45582-45583 2011-19065 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.:

Gateway West 230/500 kV Transmission Line Project in Idaho, Nevada, and Wyoming, 45609-45612 2011-19094 Meetings: Ozark-Ouachita National Forests Resource Advisory Committee, 45505 2011-19202 Prince of Wales Resource Advisory Committee, 45504-45505 2011-19203 Virginia Resource Advisory Committee, 45504 2011-19201 General Services General Services Administration NOTICES Environmental Impact Statements; Availability, etc.: Improvements to the Calexico West Land Port of Entry, Calexico, CA, 45573 2011-19217 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: North American Amphibian Monitoring Program, 45603-45604 2011-19245 Grain Inspection Grain Inspection, Packers and Stockyards Administration RULES Export Inspection and Weighing Waivers for High Quality Specialty Grain Transported in Containers, 45397-45399 2011-19250 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 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2011-19211 45573-45574 2011-19220 Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Commission on Childhood Vaccines, 45583-45584 2011-19274 Statement of Organization, Functions and Delegations of Authority, 45584-45585 2011-19272 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Technical Assistance for Community Planning and Development Programs, 45589 2011-19286 Application for the Community Development Block Grant Program for Indian Tribes and Alaska Native Villages, 45591-45592 2011-19282 Evaluation of Office of University Partnerships, 45589-45591 2011-19290 Innovation of the Day, 45588-45589 2011-19289 Delegation of Authority for the Office of Healthy Homes and Lead Hazard Control, 45592 2011-19279 Federal Property Suitable as Facilities to Assist the Homeless, 45592-45593 2011-19114 Mortgagee Review Board:

Administrative Actions, 45594-45599 2011-19293 Order of Succession for Office of General Counsel, 45599-45600 2011-19299 Order of Succession for the Office of Healthy Homes and Lead Hazard Control, 45600 2011-19277 Industry Industry and Security Bureau NOTICES Meetings: Materials Technical Advisory Committee, 45508 2011-19230 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau International Trade Adm International Trade Administration NOTICES Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review:

Polyethylene Terephthalate Film, Sheet and Strip from the United Arab Emirates, 45508-45509 2011-19266 Final Results of Antidumping Duty Changed Circumstances Reviews: Carbon and Certain Alloy Steel Wire Rod from Mexico, 45509-45510 2011-19292 Final Results of Third Expedited Sunset Reviews of Antidumping Duty Orders: Sulfanilic Acid from India and the People's Republic of China, 45510-45511 2011-19308 Initiation of Antidumping Duty Changed Circumstances Review: Stainless Steel Plate in Coils from Belgium, 45511-45513 2011-19305 Preliminary Results of Full Third Sunset Review of Antidumping Duty Order:

Fresh and Chilled Atlantic Salmon From Norway, 45513-45514 2011-19301 International Trade Com International Trade Commission NOTICES Complaints, 45615-45616 2011-19225 Investigations: Certain Digital Set-Top Boxes and Components Thereof, 45616-45617 2011-19183 Justice Department Justice Department See National Institute of Corrections NOTICES Lodging of Consent Decrees, 2011-19178 45617-45618 2011-19180 Lodging of Joint Stipulation Under the Clean Air Act, 45618 2011-19188 Labor Department Labor Department See Employment and Training Administration See Labor-Management Standards Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment, 45620-45621 2011-19219 Labor Management Standards Labor-Management Standards Office PROPOSED RULES Labor-Management Reporting and Disclosure Act: Interpretation of the Advice Exemption., 45480-45481 2011-19278 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 45604 2011-19213 Application for a Recordable Disclaimer of Interest for Lands Underlying Aniak River and Lake in Alaska, 45604-45605 2011-19215 Application for a Recordable Disclaimer of Interest for Lands Underlying Whitefish Lake and its Outlet in Alaska, 45605-45606 2011-19218 Environmental Impact Statements;

Availability, etc.: Buckskin Mine Hay Creek II Coal Lease-by-Application; Wyoming, 45612-45614 2011-19093 Desert Renewable Energy Conservation Plan, Habitat Conservation Plan, etc., Southern California, 45606-45609 2011-19175 Gateway West 230/500 kV Transmission Line Project in Idaho, Nevada, and Wyoming, 45609-45612 2011-19094 Proposed Over The River Art Project, Colorado, 45614-45615 2011-19092 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45505-45506 2011-19179 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards: Electric-Powered Vehicles; Electrolyte Spillage and Electrical Shock Protection, 45436-45453 2011-19216 New Car Assessment Program; Safety Rating Information, 45453-45470 2011-19049 National Institute Corrections National Institute of Corrections NOTICES Solicitations for Cooperative Agreements, 45618-45620 2011-19223 National Institute National Institutes of Health NOTICES Advisory Committee to the Deputy Director for Intramural Research;

Establishment, 45585 2011-19226 Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 2011-19227 45586 2011-19228 National Institute of Allergy and Infectious Diseases, 45586 2011-19269 National Institute of Diabetes and Digestive and Kidney Diseases, 45585, 45587 2011-19264 2011-19271 National Nuclear National Nuclear Security Administration NOTICES Environmental Impact Statements; Availability, etc.: Continued Operations of Nevada National Security Site and Off-Site Locations in State of Nevada, 45548-45551 2011-18847 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Marine Mammals:

Subsistence Taking of Northern Fur Seals; Harvest Estimates, 45499-45503 2011-19255 NOTICES Applications: Marine Mammals; File No. 16094, 45514-45515 2011-19259 Environmental Impact Statements; Availability, etc.: Joint State and Tribal Resource Management Plans for Puget Sound Hatchery Programs, 45515-45516 2011-19262 Meetings: Gulf of Mexico Fishery Management Council, 45516-45517 2011-19253 Permits: Endangered Species; File No. 13330-01, 45517-45518 2011-19258 Takes of Marine Mammals Incidental to Specified Activities:

Low-Energy Marine Geophysical Survey in the Western Tropical Pacific Ocean, 45518-45540 2011-19244 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fastener Quality Act Insignia Recordal Process, 45540-45541 2011-19198 Pension Benefit Pension Benefit Guaranty Corporation RULES Disclosure to Participants, 45403 2011-19182 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 45624-45626 2011-19169 2011-19176 Postal Service Postal Service PROPOSED RULES Changes to Move Update Standards, 45482 2011-19177 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Korean War Veterans Armistice Day (Proc. 8695), 45395-45396 2011-19410 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 45636-45638 2011-19236 Chicago Stock Exchange, Inc., 45626-45629 2011-19189 Financial Industry Regulatory Authority, Inc., 45631-45636 2011-19193 Fixed Income Clearing Corp., 45638-45642 2011-19190 NASDAQ Stock Market LLC, 45629-45631, 45636 2011-19191 2011-19231 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45642-45643 2011-19146 Disaster Declarations: Arizona; Amendment 1, 45644 2011-19148 Massachusetts; Amendment 1, 45644-45645 2011-19237 Montana; Amendment 1, 45644 2011-19238 Montana; Amendment 2, 45644 2011-19239 New Hampshire, 45645 2011-19240 North Dakota; Amendment 3, 45643 2011-19160 North Dakota; Amendment 4, 45643-45644 2011-19154 Wyoming, 45643 2011-19235 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals Technology Security/Clearance Plans, Screening Records, and Non-Disclosure Agreements, 45645-45646 2011-19254 Culturally Significant Objects Imported for Exhibition Determinations: 5,000 Years of Chinese Jade Featuring Selections from the National Museum of Taiwan and the Arthur M. Sackler Gallery, Smithsonian Institution, 45646-45647 2011-19252 The Invention of Glory Afonso V and the Pastrana Tapestries, 45646 2011-19251 Statistical Reporting Service See National Agricultural Statistics Service Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Community Development Financial Institutions Fund See Financial Crimes Enforcement Network Customs U.S.

Customs and Border Protection RULES Rules of Origin; CFR Correction, 45402 2011-19372 Western Western Area Power Administration NOTICES Post-2014 Resource Pool-Loveland Area Projects, Proposed Power Allocation, 45551-45552 2011-19304 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. 76 146 Friday, July 29, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Part 800 RIN 0580-AB18 Export Inspection and Weighing Waiver for High Quality Specialty Grain Transported in Containers AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Final rule. SUMMARY: The United States Department of Agriculture's (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA) is amending the regulations issued under the United States Grain Standards Act (USGSA) to make permanent a waiver due to expire on July 31, 2012, for high quality specialty grain exported in containers from the mandatory inspection and weighing requirements of the USGSA.

GIPSA also has determined that making the export inspection and weighing waiver permanent will advance the objectives of the USGSA. DATES: Effective August 29, 2011. FOR FURTHER INFORMATION CONTACT: Thomas C. O'Connor, Director, Quality Assurance & Compliance Division, at his *e-mail address: Thomas.C.Oconnor@usda.gov* or by telephone at

(202)720-8262. SUPPLEMENTARY INFORMATION: Background The USGSA (7 U.S.C. 71-87k) authorizes USDA to waive the mandatory inspection and weighing requirements of the USGSA in circumstances when the objectives of the USGSA would not be impaired. Current waivers from the official inspection and Class X weighing requirements for export grain appear in § 800.18 (7 CFR 800.18) of the regulations issued under the USGSA. These waivers are provided for grain exported for seeding purposes, grain shipped in bond, grain exported by rail or truck to Canada or Mexico, grain not sold by grade, exporters and individual elevator operators shipping less than 15,000 metric tons during the current and preceding calendar years, and when services are not available or in emergency situations. High quality specialty grain is defined as grain in which all factors exceed the grade limits for U.S. No. 1 grain, except for the factor test weight, or grain designated as “organic” as defined in § 205.2 (7 CFR 205.2) of the regulations issued under the Organic Food Productions Act of 1990, as amended

(OFPA)(7 U.S.C. 6501-6522). Typically, shippers of high quality specialty grain exported in containers are small entities that up until recently handled less than 15,000 metric tons of grain annually and were exempt from mandatory inspection and weighing requirements in accordance with § 800.18(b) of the USGSA regulations. As the high quality specialty grain market has expanded, the volume of this specialty product has begun to exceed the 15,000 metric ton waiver threshold, making such grain subject to mandatory inspection and weighing under the USGSA. GIPSA has found that transactions involving high quality specialty grain typically are made between dedicated buyers and sellers who have ongoing business relationships and fully understand each other's specific needs and capabilities. Typically, sales are for grain that meets strict commercial contract specifications for quality, production, handling, and packaging. GIPSA believes that mandating official inspection and weighing services for this specialty market adds an unnecessary cost. The cost of official inspection and weighing for these specialty operations is approximately $1.80 per metric ton compared to an average $0.34 per metric ton for traditional grain exports. On December 13, 2005, GIPSA published in the **Federal Register** a final rule (70 FR 73556) establishing a 5-year waiver for high quality specialty grain exported in containers in order to relieve the burden of grain exporters having to obtain and pay for mandatory official inspection and weighing services for this emerging niche market. On July 19, 2010, GIPSA published in the **Federal Register** an interim rule that extended the waiver until July 31, 2012, and proposed making the waiver permanent. Based on the comments discussed below, this final rule makes permanent the waiver for high quality specialty grain exported in containers. Since establishing the waiver in 2005, GIPSA has required that exporters of high quality specialty grain in containers maintain, submit upon request, and make available documentation that fully and correctly discloses their transactions. GIPSA has used this documentation to determine if the high quality specialty grain waiver continues to advance the objectives of the USGSA and to ensure that exporters of high quality specialty grain comply with the waiver provisions:

(1)That all factors exceed the grade limits for U.S. No. 1 grain, except for the factor test weight, or

(2)Specify “organic” as defined by the regulations issued under the OFPA. Under this final rule, GIPSA will continue to collect information from exporters of high quality specialty grain in containers in order to ensure the integrity of the high quality specialty grain program. GIPSA will also require exporters to maintain records generated during their normal course of business that pertain to these shipments and make these documents available to GIPSA upon request for review or copying purposes. These records must be maintained for a period of 3 years. Accordingly, organizations exporting high quality specialty grain will continue to be required to notify GIPSA of their actions for registration purposes in accordance with the USGSA. Moreover, nothing in this permanent waiver will prevent buyers and sellers of high quality specialty grain exported in containers from requesting and receiving official inspection and weighing services should they desire such services. Since the waiver was implemented, GIPSA has reviewed documentation provided by exporters of high quality specialty grain and has determined that the documentation provided by exporters complied with the waiver provisions. By making this waiver permanent, GIPSA believes that this final rule will provide regulatory relief to a small evolving sector of the grain industry, while continuing to advance the objectives of the USGSA. Discussion of Comments and Final Action On July 19, 2010, GIPSA published an interim rule (75 FR 41693) that extended for 2 years, or until July 31, 2012, and also proposed making the waiver pernment for high quality specialty grain exported in containers that was established from a final rule on December 13, 2005 (70 FR 73556). The interim rule invited interested parties to comment on making this waiver for high quality specialty grain exported in containers permanent. GIPSA received two comments, which are discussed below: One comment supported the issuance of the interim rule to extend through July 31, 2012, the waiver from mandatory inspection and weighing requirements for high quality specialty grain exported in containers to eliminate uncertainty that otherwise might have occurred. The commenter also supported making the waiver permanent and urged GIPSA to not propose major changes to the mandatory inspection and weighing requirements of the USGSA that would adversely affect the marketing system or current priorities and operations of the agency. Because this commenter agreed that the waiver be made permanent, we are making no changes to this final rule based on the comment. The second commenter did not support GIPSA making permanent the current waiver for high quality specialty grain exported in containers from the mandatory inspection and weighing requirements and urged GIPSA to extend the waiver for an additional year and review the quality assurance options for rail shipments to Mexico and the impact of this rule change on overseas container shipments. GIPSA does not believe that this rule will impact rail shipments to Mexico or have an adverse impact on overseas container shipments. GIPSA established the waiver to facilitate the marketing of high quality specialty grain by eliminating the burden of obtaining mandatory inspection and weighing requirements for organic and other types of high quality specialty grain. Since the waiver was implemented in 2005, GIPSA has collected data from exporters of high quality specialty grain that verifies that exporters of high quality specialty grain have complied with the waiver provisions and that a permanent waiver will continue to advance the objectives of the USGSA. Moreover, nothing in this final rule will prevent buyers and sellers of high quality specialty grain from requesting and receiving official inspection and weighing services should they desire such services. Therefore, GIPSA is making no change to the final rule based on the comment. Executive Order 12866 and Effect on Small Entities This final rule has been determined not to be significant for the purpose of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This final rule would provide regulatory relief to both large and small businesses. The Small Business Administration

(SBA)defines small businesses by their North American Industry Classification System Codes (NAICS). 1 The SBA defines small grain exporters in its regulations (13 CFR 121.201) as entities having less than $7,000,000 in average annual receipts (NAICS code 115114). Small grain exporters that export less than 15,000 metric tons per year are exempt from the mandatory inspection and weighing requirements under § 800.18 of the USGSA regulations (7 CFR 800.18). GIPSA believes that making permanent this waiver would effectively eliminate the cost impact on small grain exporters that would otherwise have to pay for GIPSA's onsite inspection and weighing services without impairing the objectives of the USGSA. 1 See: *http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf.* The growing market for high quality specialty grain exported in containers has caused shippers of high quality specialty grain to exceed the 15,000 metric ton waiver threshold for export inspection and weighing. GIPSA has consulted with its Grain Inspection Advisory Committee (Advisory Committee) on this issue. GIPSA's Advisory Committee is composed of members representing grain producers, handlers, processors, and exporters. The Advisory Committee has advocated that GIPSA make permanent the waiver for high quality specialty grain exported in containers from the mandatory inspection and weighing requirements of the USGSA. GIPSA agrees with the Advisory Committee that granting a permanent waiver is consistent with the intent of the USGSA and will allow this market to continue to grow. This final rule will continue to allow exporters of high quality specialty grain shipped in containers to ship high quality specialty grain without the cost burden of mandatory inspection and weighing, while allowing them to request GIPSA inspection and weighing services when desired. Relieving this cost burden will continue to allow the grain industry to grow and equitably compete with global competitors. Therefore, pursuant to requirements set forth in the Regulatory Flexibility Act (5 U.S.C. 601-612), GIPSA has considered the economic impact of this final rule on small entities and has determined that its provisions would not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. The USGSA provides in section 87g (7 U.S.C. 87g) that no subdivision may require or impose any requirements or restrictions concerning the inspection, weighing, or description of grain under the USGSA. Otherwise, this final rule would not preempt any State or local laws, or regulations, or policies unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this final rule. Executive Order 13175 This final rule has been reviewed with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. This rule will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. Paperwork Reduction Act In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), the information collection and recordkeeping included in this final rule were approved by the Office of Management and Budget under Control No. 0580-0022, and will expire on May 31, 2012. This information collection continues to be necessary in order for GIPSA to ensure that exporters of high quality specialty grain shipped in containers comply with the waiver provisions contained in § 800.18 (7 CFR 800.18) of the regulations issued under the USGSA. E-Government Compliance GIPSA is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects in 7 CFR Part 800 Administrative practice and procedure, Export, Grain. For reasons set out in the preamble, 7 CFR part 800 is amended as follows: PART 800—GENERAL PROVISIONS 1. The authority citation for Part 800 continues to read as follows: Authority: 7 U.S.C. 71-87k. 2. In § 800.0, paragraph (b)(44) is revised to read as follows: § 800.0 Meaning of terms.

(b)* * *

(44)*High quality specialty grain.* Grain sold under contract terms that specify all factors exceed the grade limits for U.S. No. 1 grain, except for the factor test weight, or specify “organic” as defined by 7 CFR part 205. 3. In § 800.18, paragraph (b)(8) is revised to read as follows: § 800.18 Waivers of the official inspection and Class X weighing requirements.

(b)* * *

(8)*High quality specialty grain shipped in containers.* Official inspection and weighing requirements do not apply to high quality specialty grain exported in containers. Records generated during the normal course of business that pertain to these shipments must be made available to the Service upon request, for review or copying. These records must be maintained for a period of 3 years. J. Dudley Butler, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 2011-19250 Filed 7-28-11; 8:45 am]

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