Unknown. Interim rule; correction

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-09-15.xml --- 76 179 Thursday, September 15, 2011 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57046-57050 2011-23539 2011-23543 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Marketing Order No. 983 and Referendum Order: Pistachios Grown in California, Arizona, and New Mexico, 57001-57006 2011-23629 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Food Safety and Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 57017 2011-23660 Air Force Air Force Department NOTICES Meetings: Scientific Advisory Board, 57026-57027 2011-23615 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commodity Credit Commodity Credit Corporation RULES Biomass Crop Assistance Program; Corrections, 56949-56951 2011-23596 Consumer Product Consumer Product Safety Commission NOTICES Meetings:

Chronic Hazard Advisory Panel on Phthalates and Phthalate Substitutes; Teleconference, 57024-57025 2011-23645 Meetings; Sunshine Act, 57025 2011-23808 2011-23809 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57025-57026 2011-23680 Defense Department Defense Department See Air Force Department NOTICES Fiscal Year 2010 Inventory of Contracts for Services; Availability, 57026 2011-23631 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances;

Registration, 57080 2011-23620 Manufacturers of Controlled Substances; Application, 57080 2011-23617 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57027-57028 2011-23697 2011-23701 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Standards for Residential Refrigerators, Refrigerator-Freezers, and Freezers, 57516-57612 2011-22329 Energy Efficiency Program for Consumer Products:

Test Procedures for Residential Refrigerators, Refrigerator-Freezers, and Freezers, 57612-57613 2011-22330 PROPOSED RULES Energy Efficiency of Low-Voltage Dry-Type Distribution Transformers: Negotiated Rulemaking Subcommittee Meetings, 57007-57008 2011-23634 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57028 2011-23633 Meetings: Biological and Environmental Research Advisory Committee, 57028-57029 2011-23635 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:

West Virginia, 56975-56982 2011-23261 Approval and Promulgation of Implementation Plans: Texas; Revisions to Permits by Rule and Regulations for Control of Air Pollution by Permits for New Construction or Modification, 56982 2011-23523 Federal Underground Injection Control Class VI Program for Carbon Dioxide Geologic Sequestration Wells, 56982-56983 2011-23662 Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles, 57106-57513 2011-20740 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans:

West Virginia, 57013-57014 2011-23262 NOTICES Draft Harmonized Test Guidelines; Availability, 57031-57033 2011-23666 Draft Toxicological Review of n-Butanol; Availability, 57033-57034 2011-23664 Pesticide Products; Applications to Register New Uses, 57034-57036 2011-23518 Equal Equal Employment Opportunity Commission PROPOSED RULES Recordkeeping and Reporting Requirements under Title VII, the ADA, and GINA, 57013 2011-23601 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Import Export-Import Bank NOTICES Meetings:

Advisory Commitee, 57036 2011-23668 Federal Aviation Federal Aviation Administration RULES Amendment of Class D and Modification of Class E Airspace; Grand Junction, CO, 56966-56967 2011-23298 Amendment of Class E Airspace; Glendive, MT, 56967-56968 2011-23299 Amendment of Class E Airspace; Tonopah, NV, 56968-56969 2011-23297 Standard Instrument Approach Procedures, Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 56969-56973 2011-23182 2011-23187 NOTICES Environmental Assessments;

Availability, etc.: Spaceport Systems International; California Spaceport at Vandenberg Air Force Base, CA, 57103 2011-23694 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Monthly Return of Arson Offenses Known to Law Enforcement, 57081 2011-23618 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 57036 2011-23836 2011-23844 Terminations of Receiverships:

Metropolitan Savings Bank, Pittsburgh, PA, 57037 2011-23705 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 57037 2011-23733 Federal Energy Federal Energy Regulatory Commission NOTICES Applications for Amendment of License: Southern California Edison Co., 57029-57030 2011-23637 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: NEPM II, LLC, 57030-57031 2011-23640 Santana Energy Services, 57030 2011-23639 Requests Under Blanket Authorizations:

Dominion Transmission, Inc., 57031 2011-23638 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57037-57041 2011-23614 Federal Trade Federal Trade Commission NOTICES Analysis of Proposed Consent Orders: Andrew N. Finkel, 57043-57044 2011-23595 Kobe Brown and Gregory W. Pearson, 57041-57043 2011-23594 Food and Drug Food and Drug Administration NOTICES Approaches to Reducing Sodium Consumption; Establishment of Dockets:

Request for Comments, Data, and Information, 57050-57054 2011-23753 Guidance for Industry on Studies to Evaluate the Metabolism and Residue Kinetics of Veterinary Drugs in Food-Producing Animals: Comparative Metabolism Studies in Laboratory Animals, 57057-57058 2011-23490 Marker Residue Depletion Studies to Establish Product Withdrawal Periods, 57056-57057 2011-23491 Metabolism Study to Determine the Quantity and Identify the Nature of Residues, 57054-57056 2011-23489 Validation of Analytical Methods Used in Residue Depletion Studies, 57058-57060 2011-23492 International Cooperation on Harmonisation of Technical Requirements for Registration of Veterinary Medicinal Products:

Draft Guidance for Industry on Pharmacovigilance of Veterinary Medicinal Products; Electronic Standards for Transfer of Data, 57060-57061 2011-23605 Food Safety Food Safety and Inspection Service NOTICES Approaches to Reducing Sodium Consumption; Establishment of Dockets: Request for Comments, Data, and Information, 57050-57054 2011-23753 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See National Institutes of Health NOTICES Designation of a Class of Employees for Addition to the Special Exposure Cohort, 57044 2011-23568 Ensuring Safe Transitions from Hospital to Home;

Requirements and Registration, 57044-57045 2011-23704 Reporting Device Adverse Events Challenge; Requirements and Registration, 57045-57046 2011-23702 Inter-American Inter-American Foundation NOTICES Meetings; Sunshine Act, 57068 2011-23785 Interior Interior Department See Land Management Bureau See National Park Service NOTICES List of Programs Eligible for Inclusion in Fiscal Year 2012 Funding Agreements, etc., 57068-57073 2011-23683 Internal Revenue Internal Revenue Service RULES Elections Regarding Start-Up Expenditures, Corporation Organizational Expenditures, etc.;

Correction, 56973 2011-23598 International Trade Adm International Trade Administration NOTICES Amended Final Results of Administrative Reviews Pursuant to Court Decisions: Certain Cased Pencils from the People's Republic of China, 57017-57019 2011-23681 Final Results of Sunset Reviews and Revocations of Antidumping Duty Orders: Ball Bearings and Parts Thereof from France, Germany and Italy, 57019-57020 2011-23688 Partial Rescissions of Antidumping Duty Administrative Reviews:

Circular Welded Carbon Steel Pipes and Tubes from Taiwan, 57020-57021 2011-23685 Rescission of Antidumping Duty Administrative Reviews: Magnesium Metal from the People's Republic of China, 57021-57022 2011-23691 International Trade Com International Trade Commission NOTICES Determination: Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (IV), 57075 2011-23612 Expedited Five-year Reviews Concerning Antidumping Duty Orders: Helical Spring Lock Washers From China and Taiwan, 57075-57076 2011-23690 Justice Department Justice Department See Drug Enforcement Administration See Federal Bureau of Investigation See Prisons Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Semi-Annual Progress Report for the Grantees from the Legal Assistance for Victims Grant, 57076-57077 2011-23642 Semi-Annual Progress Report for the Grantees from the Transitional Housing Assistance Grant, 57077-57078 2011-23643 Privacy Act; Systems of Records, 57078-57080 2011-23599 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed enXco Desert Harvest Solar Farm Project, Riverside County, CA, 57073-57074 2011-23624 Legal Legal Services Corporation NOTICES Meetings;

Sunshine Act, 57081-57082 2011-23734 NASA National Aeronautics and Space Administration PROPOSED RULES Award Fee for Service and End-Item Contracts, 57014-57016 2011-23703 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57103-57104 2011-23632 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 57063-57068 2011-23649 2011-23661 2011-23669 2011-23678 National Cancer Institute, 57063 2011-23679 National Center on Minority Health and Health Disparities, 57068 2011-23653 National Heart, Lung, and Blood Institute, 57061-57067 2011-23648 2011-23654 2011-23663 National Institute of Dental and Craniofacial Research, 57061 2011-23650 National Institute of Environmental Health, 57065-57066 2011-23655 National Institute of Neurological Disorders and Stroke, 57062 2011-23658 National Institute of Nursing Research, 57068 2011-23657 National Institute on Aging, 57062-57064 2011-23671 2011-23672 2011-23677 National Oceanic National Oceanic and Atmospheric Administration RULES Final Policy and Permit Guidance for Submarine Cable Projects, 56973 2011-23625 Fisheries of the Northeastern U.S.;

Northeast Multispecies Fishery: Framework Adjustment 46, 56985-57000 2011-23682 NOTICES Coastal Zone Management Program; Illinois, 57022 2011-23626 Meetings: Gulf of Mexico Fishery Management Council, 57023 2011-23644 National Sea Grant Advisory Board, 57023 2011-23670 Science Advisory Board, 57023-57024 2011-23675 National Park National Park Service NOTICES Transfer of Administrative Jurisdiction at or Near Great Sand Dunes National Park, 57074-57075 2011-23370 National Telecommunications National Telecommunications and Information Administration RULES Manual of Regulations and Procedures for Federal Radio Frequency Management, 56984-56985 2011-23450 Nuclear Regulatory Nuclear Regulatory Commission RULES Licenses, Certifications, and Approvals for Materials Licensees, 56951-56966 2011-23628 PROPOSED RULES Military Operational Radium-226, 57006-57007 2011-23636 NOTICES Meetings:

ACRS Subcommittee on Materials, Metallurgy and Reactor Fuels; Revision, 57082 2011-23627 Office of United States Trade Representative See Trade Representative, Office of United States Pension Benefit Pension Benefit Guaranty Corporation RULES Allocation of Assets in Single-Employer Plans: Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 56973-56975 2011-23686 NOTICES Premium Penalty Relief; Alternative Premium Funding Target Election Relief, 57082-57083 2011-23692 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closing, 57083-57087 2011-23591 2011-23619 2011-23674 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Health Information Technology Week (Proc. 8711), 57615-57618 2011-23924 EXECUTIVE ORDERS Government Agencies and Employees: Counterterrorism Communications Support Office; Temporary Establishment (EO 13584), 56945-56947 2011-23891 ADMINISTRATIVE ORDERS Special Agent Samuel Hicks Families of Fallen Heroes Act; Delegation of Authority (Memorandum of September 12, 2011), 57619-57621 2011-23937 Trading With the Enemy Act; Continuation of Certain Authorities (Presidential Determination) No. 2011-15 of September 13, 2011, 57623 2011-23938 Prisons Prisons Bureau PROPOSED RULES Progress Reports, 57012-57013 2011-23687 NOTICES Annual Determination of Average Cost of Incarceration, 57081 2011-23689 Securities Securities and Exchange Commission NOTICES Applications:

Stone Harbor Investment Partners LP, et al., 57087-57088 2011-23604 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 57092-57093 2011-23606 C2 Options Exchange, Inc., 57094-57097 2011-23603 Chicago Board Options Exchange, Inc., 57097-57100 2011-23602 Chicago Stock Exchange, Inc., 57088-57090 2011-23597 2011-23607 NASDAQ OMX PHLX LLC, 57090-57092 2011-23608 Small Business Small Business Administration NOTICES Disaster Declarations: New Hampshire, 57100 2011-23565 Tennessee Tennessee Valley Authority NOTICES Natural Resource Plan:

Issuance of Record of Decision, 57100-57102 2011-23610 Trade Representative Trade Representative, Office of United States NOTICES Request for Comments: Two-Year Extension of Softwood Lumber Agreement, 57102-57103 2011-23676 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration RULES Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles, 57106-57513 2011-20740 PROPOSED RULES Smoking of Electronic Cigarettes on Aircraft, 57008-57012 2011-23673 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 57106-57513 2011-20740 Transportation Department, 57106-57513 2011-20740 Part III Energy Department, 57516-57613 2011-22329 2011-22330 Part IV Presidential Documents, 57615-57618 2011-23924 Part V Presidential Documents, 57619-57621, 57623 2011-23937 2011-23938 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. 76 179 Thursday, September 15, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1450 RIN 0560-AI13 Biomass Crop Assistance Program; Corrections AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.

ACTION: Interim rule; correction. SUMMARY: The Commodity Credit Corporation

(CCC)is amending the Biomass Crop Assistance Program

(BCAP)regulation to provide specifically for prioritizing limited program funds in favor of the “project area” portion of BCAP. CCC is also correcting errors in the regulation. DATES: *Effective Date:* September 15, 2011. *Comment Date:* We will consider comments that we receive by November 14, 2011. ADDRESSES: We invite you to submit comments on this interim rule. In your comment, include the Regulation Identifier Number

(RIN)and the volume, date, and page number of this issue of the **Federal Register** . You may submit comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. • *Mail:* Kelly Novak, BCAP Program Manager, Conservation and Environmental Program Division, FSA, United States Department of Agriculture (USDA), Mail Stop 0513, 1400 Independence Avenue, SW., Washington, DC 20250-0513. • *Hand Delivery or Courier:* Deliver comments to the above address. All written comments will be available for public inspection at the above address during business hours from 8 a.m. to 5 p.m., Monday through Friday, except holidays. FOR FURTHER INFORMATION, CONTACT: Kelly Novak, *phone:*

(202)720-4053. Persons with disabilities or who require alternative means for communication (Braille, large print, audio tape, *etc.* ) should contact the USDA Target Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Background CCC published a final rule on October 27, 2010 (75 FR 66202-66243) implementing BCAP as authorized by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill, Pub. L. 110-246). Section 9001 of the 2008 Farm Bill authorized such sums as necessary for BCAP. The Supplemental Appropriations Act, 2010 (Pub. L. 111-212) enacted on July 29, 2010, limited BCAP funding to $552 million in fiscal year 2010 and $432 million in fiscal year 2011. The Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Pub. L. 112-10, referred to as the 2011 Appropriations Act) enacted on April 15, 2011, reduced further the total amount of money available for BCAP in FY 2011 to $112 million. BCAP has two parts—one is for `project areas' to support the establishment of new sources of bioenergy. CCC provides establishment and annual payments to agricultural and forest land owners for the production of new crops for bioenergy and bio-based products. The other part of BCAP is for matching payments for the collection, harvest, storage and transportation

(CHST)of existing sources of biomass. The limited funding available for BCAP means that not all BCAP requests can be funded. This interim rule explicitly provides a priority for funding establishment and annual payments for project area activities because such activities will produce the greatest long term good in BCAP by providing an on-going supply of new biomass. CHST would only be funded if resources are available after funding all eligible project area applications. The rule also enables prioritization among project area proposals if eligible requests exceed available funding. Future funding for BCAP could make such prioritizing unnecessary. Under prioritization, FSA will issue a notice inviting project area proposals by a specified deadline. Applicants will be given at least 30 days to prepare their proposals. After the application period closes, FSA will review all proposals as a batch against a set of selection criteria, including, but not limited to, the following criteria as specified in 7 CFR 1450.202(a):

(1)The dry tons of the eligible crops proposed to be produced in the proposed project area and the probability that such crops will be used for BCAP purposes;

(2)The dry tons of renewable biomass projected to be available from sources other than the eligible crops grown on contract acres;

(3)The anticipated economic impact in the proposed project area;

(4)The opportunity for producers and local investors to participate in the ownership of the biomass conversion facility in the proposed project area;

(5)The participation rate by beginning or socially disadvantaged farmers or ranchers;

(6)The impact on soil, water, and related resources;

(7)The variety in biomass production approaches within a project area, including agronomic conditions, harvest and postharvest practices, and monoculture and polyculture crop mixes; and

(8)The range of eligible crops among project areas. This interim rule also makes technical changes to the existing regulations to clarify a provision dealing with the eligibility of woody materials from forest lands, and corrects the use of the word “chapter” instead of “title,” and the word “applies” instead of “apply.” The clarification of the woody material eligibility provision is needed because as inadvertently written in the previous final rule, any herbaceous biomass (such as switchgrass) would not qualify for a matching payment unless it was removed to reduce forest fire, disease or insect infestation, or restore forest ecosystem health—conditions that are intended for woody biomass outside of BCAP project areas. The clarifying change would not affect woody biomass eligibility; rather it ensures that all herbaceous biomass (not just crop residues) qualifies for matching payments. In addition, during our review of the final rule, we discovered a few inconsistencies between the text in the preamble and the rule. Those inconsistencies do not require corrections to the rule, therefore, we identified the problems and the correct text in a separate document. That clarification document further describes these corrections and is available on the FSA Web site at *http://www.fsa.usda.gov/FSA/federalNotices?area=home&subject=lare&topic=frd-ii* and on *regulations.gov.* Notice and Comment Because this rule addresses an immediate need produced by a change in the funding level for BCAP and otherwise makes technical changes, it has been determined that it would be contrary to the public interest to delay the effective date of this rule. Therefore, prior comment and a delay in the effective date of this rule are not required by the Administrative Procedures Act (5 U.S.C. 553), the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), or by the memorandum of the Secretary of Agriculture published in the **Federal Register** on July 24, 1971 (36 FR 13804). Executive Order 12866 The Office of Management and Budget

(OMB)designated this rule as significant under Executive Order 12866, “Regulatory Planning and Review,” and has reviewed this rule. A summary of the cost benefit analysis is provided below and is available from the contact information listed above. Summary of Costs and Benefits This interim rule will allow CCC to prioritize available funds for the establishment of BCAP crops to maximize the benefits of BCAP. For FY2011, $196 million was initially made available to CCC, reflecting the estimate in the cost-benefit analysis accompanying the BCAP final rule and the authority in the 2008 Farm Bill for “such sums as are necessary” from CCC to operate the program. The 2011 Appropriations Act provides a final level of funding for BCAP in FY 2011 of $112 million, a reduction of $84 million from the previously available amount. In 2011, CCC received over 40 project area proposals well exceeding $160 million in funding need, therefore exceeding available funding. Given the limits in appropriated funds and the prioritization provisions of this interim rule, the cost of BCAP is therefore estimated to be $112 million in 2011. In FY 2011, $83.2 million of the total annual cost is estimated to be establishment and annual payments for project areas including technical assistance, with the remaining costs comprising CHST payments and a 1 percent reserve. Regulatory Flexibility Act It has been determined that the Regulatory Flexibility Act is not applicable to this interim rule because CCC is not required by 5 U.S.C. 553 or any other provision of law to publish a notice of proposed rulemaking for this rule. As noted above in the Notice and Comment section, CCC is using the good cause justification of the Administrative Procedures Act to issue an interim rule effective on publication with an opportunity for comment. Environmental Review The environmental impacts of this rule have been considered in a manner consistent with the provisions of the National Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and FSA regulations for compliance with NEPA (7 CFR part 799). The technical corrections identified in this interim rule do not change the structure or goals of BCAP and can be considered simply administrative in nature. Therefore, CCC has determined that NEPA does not apply to this interim rule and no environmental assessment or environmental impact statement will be prepared. Executive Order 12372 Executive Order 12372, “Intergovernmental Review of Federal Programs,” requires consultation with State and local officials. The objectives of the Executive Order are to foster an intergovernmental partnership and a strengthened Federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal Financial assistance and direct Federal development. This rule neither provides Federal financial assistance or direct Federal development; it does not provide either grants or cooperative agreements. Therefore, this program is not subject to Executive Order 12372. Executive Order 12988 This rule has been reviewed under Executive Order 12988, “Civil Justice Reform.” The provisions of this rule will not have preemptive effect with respect to any State or local laws, regulations, or policies that conflict with such provision or which otherwise impede their full implementation. The rule will not have retroactive effect. Before any judicial action may be brought regarding this rule, all administrative remedies must be exhausted. Executive Order 13132 This rule has been reviewed under Executive Order 13132, “Federalism.” The policies contained in this rule will not have any substantial direct effect on States, the relationship between the Federal Government and the States, or the distribution of power and responsibilities among the various levels of government. Nor would this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Executive Order 13175 This rule has been reviewed for compliance with Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” The policies contained in this rule do not have tribal implications that preempt tribal law. Unfunded Mandates Title II of the Unfunded Mandate Reform Act of 1995 (UMRA, Pub. L. 104-4) requires Federal agencies to assess the effects of their regulatory actions on State, local, or tribal governments or the private sector. Agencies generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local, or tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 104-4) for State, local, or tribal governments, or the private sector. In addition, CCC is not required to publish a notice of proposed rulemaking for this rule. Therefore, this interim rule is not subject to the requirements of sections 202 and 205 of UMRA. Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) This rule has not been determined to be major under SBREFA (Pub. L. 104-121). SBREFA normally requires that an agency delay the effective date of a major rule for 60 days from the date of publication to allow for Congressional review. Section 808 of SBREFA allows an agency to make a major regulation effective immediately if the agency finds, as was set out above, there is good cause to do so. Paperwork Reduction Act The information collection required for this rule has been approved by OMB under OMB control number 0560-0082. E-Government Act Compliance CCC 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 1450 Administrative practice and procedure, Agriculture, Energy, Environmental protection, Grant programs—agriculture, Natural resources, Reporting and recordkeeping requirements, Technical assistance. For the reasons discussed above, this rule corrects and amends 7 CFR part 1450 as follows: PART 1450—BIOMASS CROP ASSISTANCE PROGRAM

(BCAP)1. The authority citation for part 1450 continues to read as follows: Authority: 7 U.S.C. 8111. 2. Amend § 1450.1 to add paragraph

(f)to read as set forth below: § 1450.1 Administration.

(f)Subject to the availability of funds and all other eligibility provisions of this part, this part provides the terms, conditions and requirements of BCAP. In the event that CCC determines that available funds are insufficient to accommodate the demand for establishment and annual payments as well as all potential applications for matching payments for collection, harvest, storage, and transportation of eligible material, without any advance notice other than that stated here, CCC may prioritize the expenditure of program funds in favor of funding for the selection of BCAP project areas and the establishment and annual payments related to those project areas, and may make such other priorities in approvals that will, in the determination of the Deputy Administrator, advance the purposes of BCAP. § 1450.2 [Amended] 3. Amend § 1450.2(a) by removing the word “chapter” and adding, in its place, the word “title”. § 1450.5 [Amended] 4. Amend § 1450.5, in paragraph (a), by removing the word “applies” and adding, in its place, the word “apply”. § 1450.102 [Amended] 5. Amend § 1450.102, in paragraph (a)(3), by removing the words “not crop residues” and adding, in their place, the words “woody eligible material collected and harvested on land other than contract acreage”. § 1450.206 [Amended] 6. Amend § 1450.206, in paragraph (a)(3), by removing the word “chapter” and adding, in its place, the word “title”. Signed on September 6, 2011. Bruce Nelson, Executive Vice President, Commodity Credit Corporation. [FR Doc. 2011-23596 Filed 9-14-11; 8:45 am]

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