Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-11-01.xml --- 76 211 Tuesday, November 1, 2011 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Common Formats for Patient Safety Data Collection and Event Reporting; Availability, 67456-67457 2011-27892 Agricultural Marketing Agricultural Marketing Service RULES Increased Assessment Rates: Walnuts Grown in California, 67320-67323 2011-28198 Modification of Handling Regulations: Onions Grown in Certain Designated Counties in Idaho, and Malheur County, OR, 67317-67320 2011-28197 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service NOTICES Performance Review Board Appointments, 67402-67403 2011-28225 Animal Animal and Plant Health Inspection Service PROPOSED RULES Importation of Dracaena Plants from Costa Rica, 67379-67384 2011-28253 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Statistical System Public Opinion Survey, 67405-67406 2011-28212 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67457-67458 2011-28218 Meetings: Advisory Council for Elimination of Tuberculosis, 67459 2011-28219 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Initial Review, 67458-67459 2011-28221 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare Programs:

Inpatient Hospital Deductible and Hospital and Extended Care Services Coinsurance Amounts for CY 2012, 67568-67570 2011-28187 Medicare Part B Monthly Actuarial Rates, Premium Rate, and Annual Deductible Beginning January 1, 2012, 67572-67579 2011-28186 Part A Premiums for CY 2012 for Uninsured Aged and for Certain Disabled Individuals Who have Exhausted other Entitlement, 67570-67572 2011-28188 Coast Guard Coast Guard PROPOSED RULES Claims Procedures under Oil Pollution Act of 1990, 67385-67395 2011-28189 Port Access Route Study:

In Approaches to Los Angeles - Long Beach and in Santa Barbara Channel, 67395-67396 2011-28270 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67403-67405 2011-28140 2011-28167 Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2012 Economic Census Covering the Mining Sector, 67405 2011-28161 Committee Implementation Committee for the Implementation of Textile Agreements NOTICES Determinations under Textile and Apparel Commercial Availability Provision of Dominican Republic-Central America-United States Free Trade Agreement, 67424-67425 2011-28320 Defense Department Defense Department NOTICES Fiscal Year 2010 U.S.

Special Operations Command Inventory List of Contracts for Services: Availability; Correction, 67425 2011-28264 Meetings: Reserve Forces Policy Board, 67425-67426 2011-28229 Renewal of Federal Advisory Committees, 67426 2011-28148 Education Education Department NOTICES Meetings: National Advisory Committee on Institutional Quality and Integrity, 67426-67430 2011-28263 2011-28266 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Applications to Export Electric Energy:

Tenaska Power Services Co., 67430-67431 2011-28237 Environmental Protection Environmental Protection Agency RULES Revisions to California State Implementation Plan: Joaquin Valley Unified Air Pollution Control District and Imperial County Air Pollution Control District, 67369-67370 2011-28251 Placer County Air Pollution Control District and Sacramento Metro Air Quality Management District, 67366-67369 2011-28246 PROPOSED RULES Revisions to California State Implementation Plan:

Placer County Air Pollution Control District, 67396-67397 2011-28247 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Continuous Release Reporting Regulations under CERCLA, 67435-67436 2011-28260 NESHAP for Pulp and Paper Production, 67436-67437 2011-28259 Draft Aquatic Life Ambient Water Quality Criteria for Carbaryl; Availability, 67437-67439 2011-28255 Meetings: Draft Microbial Risk Assessment Guideline; Pathogenic Microorganisms with Focus on Food and Water, 67439-67440 2011-28305 Executive Office of the President See Trade Representative, Office of United States Farm Credit Farm Credit Administration NOTICES Market Access Agreements;

Request for Comments, 67440-67451 2011-28250 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Boeing Co. Model 737-300, -400, and -500 Series Airplanes, 67343-67346 2011-28053 Cessna Aircraft Co. Airplanes, 67346-67348 2011-27596 SOCATA Airplanes, 67341-67343 2011-27949 Federal Communications Federal Communications Commission RULES Interpretation of Economically Burdensome Standards: Anglers for Christ Ministries, Inc., New Beginning Ministries, 67376-67378 2011-28170 2011-28179 Radio Broadcasting Services:

Various Locations, 67375-67376 2011-27451 PROPOSED RULES Interpretation of Economically Burdensome Standard: Anglers for Christ Ministries, Inc., New Beginning Ministries, 67397-67399 2011-28181 Radio Broadcasting Services: Llano, TX, 67397 2011-27744 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67451-67453 2011-28194 2011-28195 Federal Deposit Federal Deposit Insurance Corporation RULES Resolution Plans Required, 67323-67340 2011-27377 NOTICES Updated Listing of Financial Institutions in Liquidation, 67453-67454 2011-28245 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 67372-67375 2011-28217 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 67431-67435 2011-28190 2011-28191 2011-28192 2011-28193 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: South Lake Tahoe, CA and Stateline, NV, 67533-67534 2011-28232 Federal Reserve Federal Reserve System RULES Resolution Plans Required, 67323-67340 2011-27377 NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 67454 2011-28269 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 67454 2011-28268 Federal Transit Federal Transit Administration PROPOSED RULES Capital Project Management, 67400-67401 2011-28300 NOTICES Fiscal Year 2012 Annual List of Certifications and Assurances for Grants and Cooperative Agreements, 67534-67555 2011-28293 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List All Chimpanzees (Pan troglodytes) as Endangered, 67401 2011-28126 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Survey of Health Care Providers' Responses to Medical Device Labeling, 67459-67460 2011-28241 Veterinary Feed Directive, 67460-67461 2011-28240 Meetings: Cosmetic Microbiological Safety Issues, 67461-67463 2011-28238 Pediatric Medical Devices; Public Workshop, 67463-67465 2011-28244 Preventive Controls for Registered Human Food and Animal Food/Feed Facilities, 67465 2011-28239 Requests for Nominations, etc.: Nonvoting Industry Representatives, National Mammography Quality Assurance Advisory Committees, 67466-67467 2011-28223 Nonvoting Industry Representatives, Public Advisory Panels, 67465-67466 2011-28224 Food and Nutrition Food and Nutrition Service RULES Supplemental Nutrition Assistance Program:

Quality Control Error Tolerance Threshold, 67315-67317 2011-28230 Foreign Trade Foreign-Trade Zones Board NOTICES Approvals for Expanded Manufacturing Authority: Foreign-Trade Subzone 158D, Nissan North America, Inc., Canton, MS, 67406-67407 2011-28326 Reorganizations under Alternative Site Framework: Foreign-Trade Zone 37, Orange County, NY, 67407 2011-28325 Forest Forest Service NOTICES Meetings: Madera County Resource Advisory Committee; Cancellation, 67403 2011-28220 General Services General Services Administration RULES Federal Management Regulations:

Prohibited List for Exchange/Sale of Personal Property, 67371-67372 2011-27757 Federal Property Management Regulations: Procurement Sources and Programs, 67370-67371 2011-27754 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67454-67456 2011-28276 2011-28284 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Displacement/Relocation Assistance for Person, 67469-67470 2011-28295 Energy Innovation Fund - Multifamily Energy Pilot Program, 67470-67471 2011-28296 Delegation Authority for Office of Chief Information Officer, 67471-67472 2011-28301 Order of Succession for Office of Chief Information Officer, 67472 2011-28302 Information Information Security Oversight Office NOTICES Meetings:

National Industrial Security Program Policy Advisory Committee, 67484 2011-28236 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Extending Religious and Family Member FICA and FUTA Exceptions to Disregarded Entities, 67363-67366 2011-28176 PROPOSED RULES Extending Religious and Family Member FICA and FUTA Exceptions to Disregard Entities, 67384-67385 2011-28177 NOTICES Charter Renewals: Advisory Group to the Commissioner of Internal Revenue, 67556 2011-28171 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Results, Amendments, Extensions, etc.: Carbon and Certain Alloy Steel Wire Rod from Mexico, 67407-67411 2011-28317 Small Diameter Graphite Electrodes from People's Republic of China, 67411-67412 2011-28323 Antidumping Duty Orders; Initiations of Five-Year Sunset Reviews, 67412-67413 2011-28315 Antidumping or Countervailing Duty Orders, Findings, or Suspended Investigations: Opportunity to Request Administrative Review, 67413-67415 2011-28308 Antidumping or Countervailing Duty Orders, Findings, or Suspended Investigations;

Sunset Reviews, 67415-67416 2011-28311 Executive-led Business Development Mission to Kabul, Afghanistan, 67416-67418 2011-28258 New Shipper Reviews; Results, Amendments, Extensions, etc.: Certain Frozen Warmwater Shrimp from Socialist Republic of Vietnam, 67418 2011-28324 International Trade Com International Trade Commission NOTICES Antidumping Duty Orders; Results, Reviews, Amendments, etc.: Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines, 67473-67476 2011-27937 Antidumping Duty Orders;

Reviews, Results, Extensions and Amendments: Silicon Metal from China, 67476-67478 2011-27932 Labor Department Labor Department See Occupational Safety and Health Administration See Workers Compensation Programs Office Land Land Management Bureau NOTICES Alaska Native Claims Selection: Decision Approving Lands for Conveyance, 67472-67473 2011-28262 Proposed Withdrawals, Transfers of Jurisdiction, and Public Meetings: California; Correction, 67473 2011-28261 Maritime Maritime Administration NOTICES Requested Administrative Waivers of Coastwise Trade Laws:

Vessel SALLY, 67555 2011-28023 NASA National Aeronautics and Space Administration NOTICES Charter Renewals: NASA Advisory Council, 67482 2011-28275 National Archives National Archives and Records Administration See Information Security Oversight Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67483-67484 2011-28231 2011-28235 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67484 2011-28180 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67555-67556 2011-27978 National Institute National Institute of Standards and Technology NOTICES Requests for Comments: Special Publication 500-293, US Government Cloud Computing Technology Roadmap, Release 1.0 (Draft), 67418-67419 2011-28285 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 67468-67469 2011-28288 2011-28297 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 2011-28286 67468-67469 2011-28290 National Institute of General Medical Sciences, 67467-67468 2011-28299 National Institute of Mental Health, 67468 2011-28291 National Labor National Labor Relations Board NOTICES Meetings;

Sunshine Act, 67484 2011-28358 National Oceanic National Oceanic and Atmospheric Administration RULES Olympic Coast National Marine Sanctuary Regulations Revisions, 67348-67361 2011-27947 NOTICES Takes of Marine Mammals Incidental to Specified Activities: Piling and Structure Removal in Woodard Bay Natural Resources Conservation Area, WA, 67419-67424 2011-28307 National Science National Science Foundation NOTICES Permit Modification Issued Under the Antarctic Conservation Act of 1978, 67485 2011-28215 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 67485 2011-28412 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 67485-67495 2011-28162 Meetings; Sunshine Act, 67495-67496 2011-28384 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bloodborne Pathogens Standard, 67478-67480 2011-28265 Standard on Commercial Diving Operations, 67480-67481 2011-28267 Occupational Safety Health Rev Occupational Safety and Health Review Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67496 2011-28304 Office of United States Trade Representative See Trade Representative, Office of United States Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 67496-67498 2011-28123 Post Office Closings, 67498-67499 2011-28122 Postal Service Price Adjustments, 67500-67503 2011-28214 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 67510-67512 2011-28227 Chicago Mercantile Exchange, Inc., 67512-67519 2011-28207 2011-28208 2011-28209 2011-28213 Chicago Stock Exchange, Inc., 67509-67510 2011-28228 Fixed Income Clearing Corp., 67519-67520 2011-28206 Municipal Securities Rulemaking Board, 67503-67506 2011-28243 National Securities Clearing Corp., 67525-67526 2011-28200 New York Stock Exchange LLC, 67507-67509 2011-28205 NYSE Amex LLC, 67506-67507, 67520-67522 2011-28203 2011-28204 NYSE Arca, Inc., 67522-67523, 67526-67528 2011-28201 2011-28202 Options Clearing Corp., 67523-67525 2011-28199 Suspension of Trading Orders:

CuraTech Industries, Inc., 67528 2011-28356 State Department State Department RULES Visas: Documentation of Immigrants under Immigration and Nationality Act, as Amended, 67361-67363 2011-28281 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: DS-5513, Supplemental Questionnaire to Determine Entitlement for U.S. Passport, 67529 2011-28277 DS-5520, Supplemental Questionnaire to Determine Identity for U.S. Passport, 67528-67529 2011-28272 Meetings:

U.S. National Commission for UNESCO, 67529 2011-28279 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Representative Trade Representative, Office of United States NOTICES 2010 Annual Generalized System of Preferences Review, 67530-67531 2011-28248 2011 Annual Generalized System of Preferences Review; Deadlines For Filing Petitions, 67531-67533 2011-28252 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Reimbursement of Licensing or Certification Test Fees, 67557-67558 2011-28156 Application for Work-Study Allowance, 67558 2011-28150 Certification of Lessons Completed, 67560-67561 2011-28152 Enrollment Certification, 67561 2011-28154 Monthly Certification of On-the-Job and Apprenticeship Training, 67559-67560 2011-28151 Notice of Change in Student Status, 67556-67557 2011-28153 Request for Change of Program or Place of Training, 67558-67559 2011-28155 Request for Vocational Training Benefits - Certain Children of Vietnam Veterans, 67560 2011-28149 Survey of Veteran Enrollees' Health and Reliance Upon VA, 67557 2011-28157 Privacy Act;

Systems of Records, 67561-67565 2011-28278 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Division of Longshore and Harbor Workers' Compensation, 67481-67482 2011-28233 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 67568-67579 2011-28187 2011-28186 2011-28188 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. 76 211 Tuesday, November 1, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 275 [FNS-2011-0060] RIN 0584-AE24 Supplemental Nutrition Assistance Program: Quality Control Error Tolerance Threshold AGENCY:

Food and Nutrition Service, USDA. ACTION: Direct final rule. SUMMARY: This direct final rule is amending the Quality Control

(QC)review error threshold in our regulations from $25.00 to $50.00. The purpose for raising the QC error threshold is to make permanent the temporary threshold change that was required by the American Recovery and Reinvestment Act of 2008. This change does not have an impact on the public. The QC system measures the accuracy of the eligibility system for the Supplemental Nutrition Assistance Program (SNAP). DATES: This rule will become effective on January 3, 2012 unless the Department receives written significant adverse comments on or before December 1, 2011. If significant adverse comments that are relevant within the scope of the rulemaking are received within the specified comment period, the Department will publish timely notification of withdrawal of this rule in the **Federal Register** . This rule shall apply to all FY 2012 QC reviews. ADDRESSES: The Food and Nutrition Service

(FNS)invites interested persons to submit comments on this direct final rule. Comments may be submitted by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. • *Fax:* Submit comments by facsimile transmission to:

(703)605-0795. • *Mail:* Send comments to Francis Heil, Branch Chief, Quality Control Branch, SNAP, FNS, 3101 Park Center Drive, #822, Alexandria, VA 22302,

(703)305-2442. • *E-mail:* Send comments to *SNAPHQ-Web@fns.usda.gov.* Include Docket ID Number FNS-2011-0060, Supplemental Nutrition Assistance Program: Quality Control Error Tolerance Threshold Direct Rule, in the subject line of the message. • *Hand Delivery or Courier:* Deliver comments to Francis Heil, Branch Chief, Quality Control Branch, SNAP, FNS, 3101 Park Center Drive, Alexandria, VA 22302, Room #822. All comments submitted in response to this direct final rule will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. FNS will make the comments publicly available on the Internet via *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Francis Heil, FNS, 3101 Park Center Drive, #822, Alexandria, VA 22302,

(703)305-2442. SUPPLEMENTARY INFORMATION: I. Background The current regulations at § 275.12(f)(2) state, “If the reviewer determines that food stamp allotments were either overissued or underissued to eligible households in the sample month, in an amount exceeding $25.00, the occurrence and the amount of the error shall be coded and reported.” In practice, when conducting both State and Federal QC reviews any overissuances or underissuances found in the amount of $25.00 or less are not included as an error in the calculation of that fiscal year's

(FY)error rates. This $25.00 or less error is also known as the error tolerance threshold (the threshold). This $25.00 threshold, however, does not excuse any State from their responsibility for following procedures found at § 275.16(c) regarding corrective action for all errors found in QC cases. On February 17, 2009, the President signed Public Law 111-5, the American Recovery and Reinvestment Act of 2009 (ARRA). Title I, Section 101(b)(5) of Public Law 111-5, indicated the Agriculture Secretary shall, “set the tolerance level for excluding small errors for the purposes of section 16(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)) at $50.00 through September 30, 2009.” This temporary threshold increase was tied to the increase in the benefit amount also provided by ARRA. In short, this meant there was a temporary threshold increase from $25.00 to $50.00 for QC errors from April 2009 through September 2009. According to FNS's calculations, we estimate that the ARRA's provision excluding any errors between $25.00 and $50.00 from the calculation decreased the 2009 combined Payment Error Rate

(PER)by 15 percent. The total combined Payment Error Rate

(PER)decreased from FY 2008's 5.01 percent to 4.36 percent. The ARRA provision concerning the QC threshold expired September 30, 2009. The threshold for the FY 2010 QC review period reverted to $25.00. The increased benefit allotment, however, remains in place. The Department believes that the State agencies should continue to benefit from the increased threshold amount of $50.00 to offset the increased benefit amounts. Therefore, in this rulemaking, the Department is raising the QC tolerance threshold of $25.00 to $50.00 to make the temporary ARRA change permanent. Prior experience with the provisions of this rule under the ARRA demonstrates that they contribute to a significant reduction in the rate of improper payments in SNAP. SNAP is identified by the Office of Management and Budget

(OMB)as a high risk program for improper payments. Reducing the payment error rate is a priority for both USDA and OMB. To improve business efficiency, agencies must prioritize those areas that have the most potential to improve payment accuracy and reduce improper payments. This rulemaking supports that goal by focusing on errors that are the most economically efficient to correct. The provisions of this rule will improve the data available at the Federal level allowing for further analysis of the root causes of payment errors. The Department's payment accuracy team will be better able to focus on the largest and most problematic errors and then work with States on additional cost efficient ways to improve the Administration's goals to reduce improper payments. The Department is also requiring all error amounts found shall be coded and reported by the State Agencies on FNS 380-1, OMB 0584-0299, Review Schedule for SNAP QC Reviews, or as directed by FNS. Currently, State Agencies do not have to code and report QC errors for cases with overissuances or underissuances of $25.00 or below since they are not counted as QC errors when FNS calculates the National QC Error Rates at the end of each review year. However, during the temporary ARRA change from $25.00 to $50.00, States were required to code and report all errors between $25.00 and $50.00, which became valuable in conducting State corrective action as well as determining the impact of the threshold on the State and National QC error rates. The Department has determined that it would be valuable to know this information for all variances under $50.00, even though such variances are not included in the PER calculation. The information will be used to assist in corrective action. Therefore, the Department is making a change to current coding and reporting procedures for the FNS 380-1 to require the coding and reporting of any variances that directly contribute to the error determination, even those below the $50.00 threshold. This coding and reporting requirement will not affect the method of calculation for the underissuance error rate, overissuance error rate, and the combined PER, since the calculation will continue to exclude all errors equal to or below the proposed threshold change of $50.00. State Agencies will continue to be responsible for taking corrective action for all errors found in QC cases, in accordance with the provisions of § 275.16(c). II. Procedural Matters Issuance of a Direct Final Rule and Date of Effectiveness FNS has determined that this rule is appropriate for direct final rulemaking because we believe this amendment to be noncontroversial and we anticipate no significant adverse comments. We believe this rule to be noncontroversial as the State agencies which administer SNAP have already expressed their unequivocal support for the policy implemented by this rule. The amendment contained in this rule was previously in effect under the ARRA for a six month period in fiscal year 2009. As such, the State agencies have significant experience with the operational implications of this amendment. We anticipate no significant adverse comments to be submitted as public comments to this rule as FNS did not, in the past, receive adverse comments as a result of the previous amendment to the threshold when it was raised from $5.00 to $25.00. In addition, State agencies have repeatedly expressed desire for the ARRA QC provisions to be reinstated on a permanent basis both individually and through their representative association, the American Public Human Services Association (APHSA). This direct final rulemaking is consistent with the State agencies' requests. This rule is effective January 3, 2012 unless the Department receives written significant adverse comments on or before December 1, 2011. FNS invites public comment on this direct final rule. If significant adverse comments within the scope of the rulemaking are received, the Department will publish timely notification of withdrawal of this rule in the **Federal Register** . A significant adverse comment is defined as one where the comment explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. Although the rule is not effective until January 3, 2012, State agencies are required to apply the raised threshold for the entire FY 2012 QC review period. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated not significant under section 3(f) of Executive Order 12866. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612) requires Agencies to analyze the impact of rulemaking on small entities and consider alternatives that would minimize any significant impacts on a substantial number of small entities. Pursuant to that review, Audrey Rowe, FNS Administrator, has certified that this rule would not have a significant impact on a substantial number of small entities. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local and tribal governments and the private sector. Under section 202 of the UMRA, the Department generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures by State, local or tribal governments, in the aggregate, or the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, Section 205 of the UMRA generally requires the Department to identify and consider a reasonable number of regulatory alternatives and adopt the most cost effective or least burdensome alternative that achieves the objectives of the rule. This rule does not contain Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local and tribal governments or the private sector of $100 million or more in any one year. Thus, the rule is not subject to the requirements of sections 202 and 205 of the UMRA. Executive Order 12372 The Supplemental Nutrition Assistance Program

(SNAP)is listed in the Catalog of Federal Domestic Assistance Programs under 10.561. For the reasons set forth in the final rule in 7 CFR part 3015, subpart V, and related Notice (48 FR 29115, June 24, 1983), this program is included in the scope of Executive Order 12372 which requires intergovernmental consultation with State and local officials. Executive Order 13175 USDA will undertake, within 6 months after this rule becomes effective, a series of Tribal consultation sessions to gain input by elected Tribal officials or their designees concerning the impact of this rule on Tribal governments, communities and individuals. These sessions will establish a baseline of consultation for future actions, should any be necessary, regarding this rule. Reports from these sessions for consultation will be made part of the USDA annual reporting on Tribal Consultation and Collaboration. USDA will respond in a timely and meaningful manner to all Tribal government requests for consultation concerning this rule and will provide additional venues, such as webinars and teleconferences, to periodically host collaborative conversations with Tribal leaders and their representatives concerning ways to improve this rule in Indian country. The policies contained in this rule would not have Tribal implications that preempt Tribal law since State welfare agencies will be the most affected to the extent that they administer the SNAP. Federalism Summary Impact Statement Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulations describing the agency's considerations in terms of the three categories called for under Section (6)(b)(2)(B) of Executive Order 13121. FNS has considered this rule's impact on State and local agencies and has determined that it does not have Federalism implications under E.O. 13132. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have preemptive effect with respect to any State or local laws, regulations or policies which conflict with its provisions or which would otherwise impede its full and timely implementation. State agencies are required to apply the raised threshold in this rule to all cases reviewed as part of the FY 2012. Prior to any judicial challenge to the provisions of the final rule, all applicable administrative procedures must be exhausted. Civil Rights Impact Analysis FNS has reviewed this rule in accordance with the Department Regulation 4300-4, “Civil Rights Impact Analysis,” to identify and address any major civil rights impacts the rule might have on minorities, women, and persons with disabilities. After a careful review of the rule's intent and provisions, FNS has determined that this rule will not in any way limit or reduce the ability of protected classes of individuals to participate in SNAP. This regulation does not apply to the certification determinations made on the intended beneficiaries of the SNAP. Quality Control procedures are designed to evaluate the accuracy of the application of SNAP certification policy and therefore, the evaluation procedures do not impact protected classes or individuals. Paperwork Reduction Act Information collections associated with this rule have been approved under following OMB control numbers: 0584-0074, Worksheet for SNAP Quality Control Reviews (expiration date April 30, 2013), and 0584-0299 Form FNS-380-1, Quality Control Review Schedule, Form FNS-380-1 (March 31, 2013). E-Government Act Compliance FNS is committed to complying with the E-Government Act, 2002, 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 275 Administrative practice and procedure, Supplemental Nutrition Assistance Program, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 275 is amended as follows: PART 275—PERFORMANCE REPORTING SYSTEM 1. The authority citation for part 275 continues to read as follows: Authority: 7 U.S.C. 2011-2036. 2. In § 275.12, paragraph (f)(2) is revised to read as follows: § 275.12 Review of active cases.

(f)* * *

(2)*Basis of issuance of errors.* If the reviewer determines that SNAP allotments were either overissued or underissued to eligible households in the sample month, the State agency shall code and report any variances that directly contributed to the error determination that were discovered and verified during the course of the review. Only variances that exceed $50.00 (the threshold) shall be included in the calculation of the underissuance error rate, overissuance error rate, and payment error. If the State agency has chosen to report information on all variances in elements of eligibility and basis of issuance, the reviewer shall code and report any other such variances that were discovered and verified during the course of the review. Dated: October 25, 2011. Jeffrey J. Tribiano, Acting Administrator, Food and Nutrition Service. [FR Doc. 2011-28230 Filed 10-31-11; 8:45 am]

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