Unknown. Final rule

5,250 words·~24 min read·/register/2011/11/02/2011-28404

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-2011-11-02.xml --- 76 212 Wednesday, November 2, 2011 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67732-67736 2011-28402 2011-28403 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service RULES Importation of Bromeliad Plants in Growing Media:

Belgium, Denmark, and Netherlands, 67581-67583 2011-28404 Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67668-67669 2011-28337 Bureau of Ocean Energy Management NOTICES Outer Continental Shelf Oil and Gas Lease Sales: List of Restricted Joint Bidders, 67759-67760 2011-28314 Centers Disease Centers for Disease Control and Prevention NOTICES Implementation of Section 2695 (42 U.S.C. 300ff-131) of Public Law 111-87:

Infectious Diseases and Circumstances Relevant to Notification Requirements, 67736-67743 2011-28234 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Final Waivers in Connection With the Shared Savings Program, 67992-68010 2011-27460 Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations, 67802-67990 2011-27461 NOTICES Medicare Program: Advanced Payment Model, 68012 2011-27458 Medicare, Medicaid, and Children's Health Insurance Programs:

Provider Enrollment Application Fee Amount for Calendar Year 2012, 67743-67745 2011-28424 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Descriptive Study of Tribal Temporary Assistance for Needy Families Programs, 67745-67746 2011-28273 Meetings: President's Committee for People with Intellectual Disabilities; Cancellation, 67746 2011-28292 Civil Rights Civil Rights Commission NOTICES Meetings:

Connecticut, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, and Pennsylvania Advisory Committees, 67671 2011-28383 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Navy Department RULES Federal Acquisition Regulations: Certification Requirement and Procurement Prohibition Relating to Iran Sanctions, 68027-68028 2011-27783 Federal Acquisition Circular 2005-54;

Introduction, 68014-68015 2011-27778 Federal Acquisition Circular 2005-54; Small Entity Compliance Guide, 68044-68045 2011-27794 Notification of Employee Rights under National Labor Relations Act, 68015-68017 2011-27779 Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, 68017-68026 2011-27780 Representation Regarding Export of Sensitive Technology to Iran, 68028-68032 2011-27784 Set-Asides for Small Business, 68032-68037 2011-27786 Small Disadvantaged Business Self-Certification, 68026-68027 2011-27782 Successor Entities to Netherlands Antilles, 68039-68040 2011-27789 Technical Amendments, 68043-68044 2011-27791 NOTICES Review of Regulatory Coverage:

Prevention of Personal Conflicts of Interest for Contractor Employees, 68046 2011-27795 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Modification of Regulatory Provisions Requiring Credit Rating or Assessments, etc., 67622-67625 2011-28242 NOTICES Meetings: Nuclear Energy Advisory Committee, 67717 2011-28439 Secretary of Energy Advisory Board, 67716-67717 2011-28433 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans:

Texas; Regulations for Control of Air Pollution by Permits for New Construction or Modification, 67600-67604 2011-28256 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Pennsylvania; Attainment Plan for the Pennsylvania Portion of the Philadelphia-Wilmington, Pennsylvania-New Jersey-Delaware 1997 Fine Particulate Matter Nonattainment Area, 67640-67650 2011-28438 NOTICES Proposed Settlement Agreements, 67728-67729 2011-28389 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

General Electric Co. Turboshaft Engines, 67594-67596 2011-28353 Rolls-Royce Corp. Turbofan Engines, 67591-67594 2011-28352 Class E Airspace: Spearfish, SD; Amendment, 67596-67597 2011-28289 PROPOSED RULES Airworthiness Directives: Airbus Model A319 and A320 Series Airplanes, 67625-67628 2011-28368 Bell Helicopter Textron, Inc.

(Bell)Model 204B, 205A, 205A-1, 205B, and 212 Helicopters, 67628-67631 2011-28361 Cirrus Design Corp. Airplanes, 67631-67633 2011-28382 DASSAULT AVIATION Model MYSTERE FALCON 50 Airplanes, 67633-67635 2011-28362 Federal Communications Federal Communications Commission RULES Maritime Communications, 67604-67618 2011-27587 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67729-67730 2011-28392 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Placer County Water Agency, 67717-67718 2011-28397 Combined Filings, 67718-67720 2011-28341 2011-28363 Compliance Filings: DCP Guadalupe Pipeline, LLC, 67720 2011-28393 Filing Priorities for Preliminary Permit Applications: Lock Plus Hydro Friends Fund XXXV; Riverbank Hydro No. 4, LLC, 67720 2011-28365 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Bishop Hill Energy II LLC, 67721 2011-28339 Bishop Hill Energy III LLC, 67720-67721 2011-28338 Bishop Hill Energy LLC, 67721-67722 2011-28340 Coram California Development, L.P., 67722-67723 2011-28367 PNE Energy Supply, LLC, 67721 2011-28342 PPL Energy Supply, LLC, 67722 2011-28343 Trupro Energy LLC, 67723 2011-28366 License Amendment Applications: CRD Hydroelectric, LLC, 67723-67724 2011-28396 Duke Energy Carolinas, LLC, 67724-67725 2011-28395 Meetings: Penalty Guidelines; Technical Conference, 67725-67726 2011-28398 Preliminary Permit Applications: Natural Currents Energy Services, LLC, 67726-67727 2011-28344 2011-28345 Records Governing Off-the-Record Communications, 67727 2011-28364 Staff Attendance at Entergy Regional State Committee Work Group and Stakeholder Meeting, 67727-67728 2011-28394 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary License Applicants, 67730-67731 2011-28419 Ocean Transportation Intermediary License Revocations, 67731 2011-28423 Federal Reserve Federal Reserve System NOTICES Federal Open Market Committee: Domestic Policy Directive of September 20 and 21, 2011, 67731 2011-28431 Fish Fish and Wildlife Service PROPOSED RULES Migratory Bird Permits: Abatement Regulations, 67650-67651 2011-28376 Food and Drug Food and Drug Administration NOTICES Revised Guidance for Industry; Availability: Impurities; Residual Solvents in New Veterinary Medicinal Products, Active Substances and Excipients, 67746-67747 2011-28371 Foreign Assets Foreign Assets Control Office NOTICES Foreign Narcotics Kingpin Designation Act; Designations, 67792 2011-28390 Foreign Trade Foreign-Trade Zones Board NOTICES Grants of Authority for Subzone Status: VF Jeanswear (Apparel Distribution), Mocksville, NC, 67671-67672 2011-28410 Proposed Foreign-Trade Zones under Alternative Site Framework: Genesee County, NY, 67672 2011-28427 Forest Forest Service NOTICES Meetings: National Urban and Community Forestry Advisory Council, 67669 2011-28336 General Services General Services Administration RULES Federal Acquisition Regulations: Certification Requirement and Procurement Prohibition Relating to Iran Sanctions, 68027-68028 2011-27783 Federal Acquisition Circular 2005-54; Introduction, 68014-68015 2011-27778 Federal Acquisition Circular 2005-54; Small Entity Compliance Guide, 68044-68045 2011-27794 Labor Relations Costs, 68040-68043 2011-27790 Notification of Employee Rights under National Labor Relations Act, 68015-68017 2011-27779 Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, 68017-68026 2011-27780 Representation Regarding Export of Sensitive Technology to Iran, 68028-68032 2011-27784 Set-Asides for Small Business, 68032-68037 2011-27786 Small Disadvantaged Business Self-Certification, 68026-68027 2011-27782 Successor Entities to Netherlands Antilles, 68039-68040 2011-27789 Sudan Waiver Process, 68037-68039 2011-27788 Technical Amendments, 68043-68044 2011-27791 NOTICES Review of Regulatory Coverage: Prevention of Personal Conflicts of Interest for Contractor Employees, 68046 2011-27795 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 Children and Families Administration See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health NOTICES Meetings: Advisory Group on Prevention, Health Promotion, and Integrative and Public Health, 67731-67732 2011-28422 Homeland Homeland Security Department See Transportation Security Administration PROPOSED RULES Privacy Act; Implementation of Exemptions: Department of Homeland Security U.S. Customs and Border Protection DHS/CBP - 003 Credit/Debit Care Data System of Records, 67621-67622 2011-28400 NOTICES Charter Renewals and Requests for Applicants: Homeland Security Information Network Advisory Committee, 67750-67751 2011-28399 Privacy Act; Systems of Records, 67751-67758 2011-28405 2011-28406 Housing Housing and Urban Development Department NOTICES Funding Awards: Self-Help Homeownership Opportunity Program

(SHOP)for Fiscal Year 2011, 67759 2011-28434 Inspector General Health Inspector General Office, Health and Human Services Department RULES Medicare Program: Final Waivers in Connection With the Shared Savings Program, 67992-68010 2011-27460 Interior Interior Department See Bureau of Ocean Energy Management See Fish and Wildlife Service See National Park Service See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping Duty Orders; Expedited Sunset Reviews, Final Results: Certain Stainless Steel Wire Rods from India, 67672-67673 2011-28411 Welded ASTM A-312 Stainless Steel Pipe from South Korea and Taiwan, 67673-67675 2011-28425 Determinations of Sales at Less Than Fair Value, etc.: Bottom Mount Combination Refrigerator-Freezers from Mexico, 67688-67703 2011-28418 Bottom Mount Combination Refrigerator-Freezers from Republic of Korea, 67675-67688 2011-28415 Certain Steel Wheels from People's Republic of China, 67703-67715 2011-28413 International Trade Com International Trade Commission NOTICES Determinations: Certain Light-Emitting Diodes and Products Containing Same, 67761 2011-28287 Justice Department Justice Department See Justice Programs Office Justice Programs Justice Programs Office NOTICES Federal Advisory Committees; Establishments: Attorney General's National Task Force on Children Exposed to Violence, 67761 2011-28319 Hearings: Attorney General's National Task Force on Children Exposed to Violence, 67761-67762 2011-28322 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations: Certification Requirement and Procurement Prohibition Relating to Iran Sanctions, 68027-68028 2011-27783 Federal Acquisition Circular 2005-54; Introduction, 68014-68015 2011-27778 Federal Acquisition Circular 2005-54; Small Entity Compliance Guide, 68044-68045 2011-27794 Notification of Employee Rights under National Labor Relations Act, 68015-68017 2011-27779 Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, 68017-68026 2011-27780 Representation Regarding Export of Sensitive Technology to Iran, 68028-68032 2011-27784 Set-Asides for Small Business, 68032-68037 2011-27786 Small Disadvantaged Business Self-Certification, 68026-68027 2011-27782 Successor Entities to Netherlands Antilles, 68039-68040 2011-27789 Technical Amendments, 68043-68044 2011-27791 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67762 2011-28432 Intents to Grant Exclusive Licenses, 67762-67763 2011-28435 2011-28437 Privacy Act; Systems of Records, 67763-67764 2011-28387 Review of Regulatory Coverage: Prevention of Personal Conflicts of Interest for Contractor Employees, 68046 2011-27795 National Credit National Credit Union Administration RULES Community Development Revolving Loan Fund Access for Credit Unions, 67583-67591 2011-28335 National Institute National Institutes of Health NOTICES Calls For Nominations: Interagency Autism Coordinating Committee, 67747-67748 2011-28375 Meetings: Center for Scientific Review, 67748, 67750 2011-28370 2011-28374 National Institute of Allergy and Infectious Diseases, 67749 2011-28377 National Institute of Diabetes and Digestive and Kidney Diseases, 67749 2011-28378 National Institute of Environmental Health Sciences, 67748-67749 2011-28379 National Intelligence National Intelligence, Office of the National Director RULES Privacy Act of 1974; Implementation, 67599-67600 2011-28442 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of Gulf of Mexico; Red Grouper Management Measures, 67618-67620 2011-28409 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; Amendment 32, 67656-67667 2011-28421 Listing Endangered and Threatened Wildlife and Plants: 90-Day Finding on Petition to List Alewife and Blueback Herring, 67652-67656 2011-28430 NOTICES Meetings: Science Advisory Board, 67715-67716 2011-28334 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 67760 2011-28331 Navy Navy Department NOTICES Partially Exclusive Patent Licenses; Intents to Grant: ReconRobotics, Inc., 67716 2011-28359 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 67764 2011-28473 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Guidance and Research Draft Reports for Comment: Common-Cause Failure Analysis in Event and Condition Assessment, 67764-67765 2011-28385 Uranium Enrichment Fuel Cycle Facility Inspection Reports; Availability: Louisiana Energy Services, National Enrichment Facility, Eunice, NM, 67765-67766 2011-28386 Office of the Director of National Intelligence See National Intelligence, Office of the National Director Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 67766-67774 2011-28328 2011-28329 2011-28330 2011-28332 2011-28333 2011-28373 2011-28414 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 67774 2011-28466 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Small Businesses and Exporters; Access to Government Services to Help Grow and Hire (Memorandum of October 28, 2011), 68047-68051 2011-28593 Sudan; Continuation of National Emergency (Notice of November 1, 2011), 68053-68055 2011-28620 Railroad Retirement Railroad Retirement Board NOTICES Meetings: Actuarial Advisory Committee, 67774-67775 2011-28271 Rural Utilities Rural Utilities Service NOTICES Environmental Impact Statements; Availability, etc.: Basin Electric Power Cooperative, Inc., 67670-67671 2011-28309 Securities Securities and Exchange Commission RULES Delegation of Authority to the Director of Division of Trading and Markets, 67597-67599 2011-28313 NOTICES Applications: Citadel LLC (Formerly Citadel Investment Group, L.L.C.) and CEIF LLC, 67775-67779 2011-28351 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 67783-67784 2011-28349 BATS Y-Exchange, Inc., 67784-67786 2011-28350 Financial Industry Regulatory Authority, Inc., 67787-67790 2011-28348 NASDAQ OMX BX, Inc., 67781-67783 2011-28347 NASDAQ OMX PHLX LLC, 67779-67781, 67786-67787 2011-28346 2011-28372 State Department State Department NOTICES Committee Renewals: Committee to U.S. Section of Inter-American Tropical Tuna Commission, 67790 2011-28429 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Alaska Regulatory Program, 67635-67637 2011-28436 West Virginia Regulatory Program, 67637-67640 2011-28441 Surface Transportation Surface Transportation Board NOTICES Applications for Control: National Express Acquisition Corp. of Control—Petermann Partners, Inc., 67790-67791 2011-28408 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Imposition and Collection of Passenger Civil Aviation Security Service Fees, 67758-67759 2011-28380 Treasury Treasury Department See Foreign Assets Control Office See United States Mint NOTICES List of Countries Requiring Cooperation with International Boycotts, 67791-67792 2011-28310 U.S. Mint United States Mint NOTICES Expanded Pricing Grid for Precious Metals Products Containing Platinum and Gold - Excluding Commemorative Gold Coins, 67793-67799 2011-28354 Pricing for American Eagle 25th Anniversary Silver Coin Set, 67799 2011-28327 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 67802-67990 2011-27461 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 67992-68010 2011-27460 Health and Human Services Department, Inspector General Office, Health and Human Services Department, 67992-68010 2011-27460 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 68012 2011-27458 Part V Defense Department, 68014-68037, 68039-68040, 68043-68046 2011-27783 2011-27778 2011-27794 2011-27779 2011-27780 2011-27784 2011-27786 2011-27782 2011-27789 2011-27791 2011-27795 General Services Administration, 68014-68046 2011-27783 2011-27778 2011-27794 2011-27790 2011-27779 2011-27780 2011-27784 2011-27786 2011-27782 2011-27789 2011-27788 2011-27791 2011-27795 National Aeronautics and Space Administration, 68014-68037, 68039-68040, 68043-68046 2011-27783 2011-27778 2011-27794 2011-27779 2011-27780 2011-27784 2011-27786 2011-27782 2011-27789 2011-27791 2011-27795 Part VI Presidential Documents, 68047-68051 2011-28593 Part VII Presidential Documents, 68053-68055 2011-28620 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. 76 212 Wednesday, November 2, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2010-0005] RIN 0579-AD36 Importation of Bromeliad Plants in Growing Media From Belgium, Denmark, and the Netherlands AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the regulations governing the importation of plants and plant products to add Bromeliad plants of the genera *Aechmea, Cryptanthus, Guzmania, Hohenbergia, Neoregelia, Tillandsia,* and *Vriesea* from Belgium, Denmark, and the Netherlands to the list of plants that may be imported into the United States in an approved growing medium, subject to specified growing, inspection, and certification requirements. We are taking this action in response to requests from those three countries and after determining that the plants can be imported, under certain conditions, without resulting in the introduction into, or the dissemination within, the United States of a plant pest or noxious weed. DATES: *Effective Date:* December 2, 2011. FOR FURTHER INFORMATION CONTACT: Mr. William Aley, Senior Import Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236;

(301)734-5057. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR part 319 prohibit or restrict the importation into the United States of certain plants and plant products to prevent the introduction of plant pests and noxious weeds. The regulations in “Subpart—Plants for Planting,” §§ 319.37 through 319.37-14 (referred to below as the regulations) contain, among other things, prohibitions and restrictions on the importation of plants, plant parts, and seeds for propagation. Paragraph

(a)of § 319.37-8 requires, with certain exceptions, that plants offered for importation into the United States be free of sand, soil, earth, and other growing media. This requirement is intended to help prevent the introduction of plant pests that might be present in the growing media; the exceptions to the requirement take into account factors that mitigate that plant pest risk. Those exceptions, which are found in paragraphs

(b)through

(e)of § 319.37-8, consider either the origin of the plants and growing media (paragraph (b)), the nature of the growing media (paragraphs

(c)and (d)), or the use of a combination of growing conditions, approved media, inspections, and other requirements (paragraph (e)). Paragraph

(e)of § 319.37-8 provides conditions under which certain plants established in growing media may be imported into the United States. In addition to specifying the types of plants that may be imported, § 319.37-8(e) also, among other things, specifies the types of growing media that may be used. On March 15, 2011, we published in the **Federal Register** (76 FR 13890-13892, Docket No. APHIS-2010-0005) a proposal 1 to amend the regulations governing the importation of plants and plant products to add Bromeliad plants of the genera *Aechmea, Cryptanthus, Guzmania, Hohenbergia, Neoregelia, Tillandsia,* and *Vriesea* from Belgium, Denmark, and the Netherlands to the list of plants that may be imported into the United States in an approved growing medium, subject to specified growing, inspection, and certification requirements. The Animal and Plant Health Inspection Service (APHIS) took this action in response to requests from those three countries and after determining that the plants could be imported, under certain conditions, without resulting in the introduction into, or the dissemination within, the United States of a plant pest or noxious weed. 1 To view the proposed rule and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0005.* We solicited comments concerning our proposal for 60 days ending May 16, 2011. We received eight comments by that date. They were from a domestic grower, a domestic growers' association, a State Government, and two foreign exporters. They are discussed below by topic. The comment from the domestic growers' association focused on the possible economic impacts of the proposed rule on domestic importers and growers of Bromeliads. The commenter stated that in the initial regulatory flexibility analysis

(IRFA)that we made available to the public along with the proposed rule, we underestimated both the number of domestic nurseries that import Bromeliad plants from Belgium, Denmark, and the Netherlands and the potential economic impact on those nurseries. Noting that in the IRFA, we acknowledged the possibility that a few nurseries could be affected by the proposed rule to the extent that they would be eliminated from the marketing chain, the commenter stated that we neglected to consider the direct and indirect economic impacts that the closure of such nurseries could have on local economies due to the loss of jobs. We appreciate the additional information submitted by the commenter on the potential economic effects of the rule for Florida nurseries. We acknowledged in the IRFA that we did not know exactly how many U.S. nurseries import Bromeliad plants from Belgium, Denmark, and the Netherlands, but estimated their number to be no more than three. Based upon a survey it conducted in April 2011, the association represented by the commenter found that there are seven such nurseries in the State of Florida. We agree that these are businesses that will be directly affected by the rule. We also agree with the commenter that not only the nurseries that have been importing Bromeliad plants from Belgium, Denmark, and the Netherlands, but any nurseries that sell these plants may be affected by the rule. Importation of Bromeliad plants in growing media can be expected to alter some marketing channels, with retailers able to buy mature plants directly from European suppliers rather than rely on the maturation of the plants at Florida nurseries. The commenter stated that the Florida nurseries surveyed by the growers' association represented by the commenter (respondents included both domestic importers of Bromeliads and domestic Bromeliad producers) expected to lose as much as $6.8 million in Bromeliad plant sales (28.5 percent of their market) as a result of this rulemaking. The respondents further indicated that they would be forced to eliminate as many as 70 jobs (20 percent of their workforce). While there may be economic shifts as businesses throughout the United States react to the rule, we are unable to project authoritatively the likely size of the impact. APHIS does not have independent information regarding the possible magnitude of business losses and is not able to evaluate nurseries' future workforce needs. Additionally, while we acknowledge the commenter's concerns with regard to potential business losses by Florida nurseries, we believe that the importation of Bromeliad plants in growing media can also result in economic gains in Florida and elsewhere. Just as there may be Florida wholesale nurseries negatively affected, there may also be other businesses, such as retailers, that gain from the rule. There may be negative employment consequences of the rule for certain wholesale nurseries, but there may also be jobs created as other businesses expand due to new marketing opportunities resulting from the rule. Moreover, APHIS' authority to prohibit the importation of Bromeliad plants in growing media from Belgium, Denmark, and the Netherlands is based on the pest risks associated with such imports. The Agency does not have statutory authority to prohibit or restrict the importation of plants or plant products on the basis of economic or competitive considerations. Another commenter stated that the mitigation measures in § 319.37-8(e) to which Bromeliads imported from Belgium, Denmark, and the Netherlands would be subject under this rulemaking are not adequate to prevent the spread of plant diseases such as *Fusarium oxysporum* f. sp. Additional measures, including a serological test, should be employed, according to the commenter. Plants imported in growing media in accordance with the regulations in § 319.37-8(e) are subject to a systems approach, which includes stringent requirements that will not be affected by this rulemaking. Approved growing media for such imported plants are listed in § 319.78(e)(1). The regulations also require that mother stock and production plants be inspected by an inspector from APHIS or the national plant protection organization

(NPPO)of the exporting country and found free from evidence of pests and diseases. Plants to be exported to the United States under § 319.87-8(e) must be grown in a greenhouse in which sanitary procedures adequate to exclude plant pests and diseases are always employed. There are also various requirements for written agreements between growers and the NPPO of the exporting country and oversight by the latter. It is our view that the systems approach required under § 319.37-8(e) is more than adequate to prevent the dissemination and spread of plant pests and diseases, including *Fusarium oxysporum* f. sp., via the importation of Bromeliad plants in growing media into the United States. One commenter stated that, as a condition for allowing Bromeliads to be exported from the European Union

(EU)to the United States, APHIS should require the EU to remove the whitefly restrictions it has placed on U.S. growers exporting Bromeliads to EU countries. The commenter viewed those requirements as an unfair trade barrier for U.S. growers. APHIS makes decisions as to whether to allow the importation of agricultural products and commodities based on an evaluation of facts, data, and available scientific evidence. While the order of processing particular requests may be influenced by trade considerations, and the components of a risk management program may be a product of negotiations between APHIS and its foreign counterparts, the ultimate determination as to whether a commodity can be safely imported is based on a determination that the product can be imported without introducing a plant pest or noxious weed into the United States. In this instance, our decision to allow the importation of Bromeliad plants of the genera *Aechmea, Cryptanthus, Guzmania, Hohenbergia, Neoregelia, Tillandsia,* and *Vriesea* from Belgium, Denmark, and the Netherlands in an approved growing medium, subject to specified growing, inspection, and certification requirements, is based on the results of our pest risk analysis, which was made available for public review along with the March 2011 proposed rule. Part of APHIS's mission is to facilitate exports, and we make every effort to assist domestic industry in securing access to export markets. Success in this area is somewhat tied to factors out of our control, however. In general, phytosanitary measures applied by importing countries or regions to mitigate the risk posed by a particular plant or plant part exported from another country or region are determined by the particular risks posed in each case. The risk posed by imported plants is dependent on the pests associated with the commodity in the country of origin and the pests' potential impact on the importing country. As such, reciprocal trade could occur under the same phytosanitary conditions if the pest dynamics in both the exporting and importing countries are the same, but those conditions may vary if the pest dynamics in the two countries differ. Because of climatic conditions and other factors, the risks posed to the EU by Bromeliad imports from the United States are not likely the same risks posed by imports of Bromeliads from the EU into the United States. Two commenters, both Bromeliad growers from the Netherlands, wrote to inquire whether the plugs that their companies use to grow young Bromeliad plants would be regarded as acceptable growing media under the proposed rule. Along with their comments, they sent data sheets and pictures of the plugs they use. The plugs used by these growers will be regarded as acceptable if they consist of one or a combination of the approved growing media listed in § 319.37-8(e)(1) and also meet the requirement contained in that paragraph that the growing media must not have been previously used. This final rule does not amend the list of approved growing media in § 319.37-8(e)(1). Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, without change. Executive Order 12866 and Regulatory Flexibility Act This final rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. In accordance with 5 U.S.C. 604, we have performed a final regulatory flexibility analysis, which is summarized below, regarding the economic effects of this rule on small entities. Copies of the full analysis are available on the Regulations.gov Web site (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT . This final rule allows the importation into the United States of Bromeliad plants in approved growing media from Belgium, Denmark, and the Netherlands. Bromeliad plants are most commonly used as houseplants or landscape ornamentals in warmer climates. Most wholesale nurseries that sell Bromeliads within the United States are located in Florida. Based upon a survey conducted in April 2011, the Florida Nursery, Growers and Landscape Association found that there are seven nurseries in that State that import immature Bromeliad plants from Belgium, Denmark, and the Netherlands for finishing before sale to retailers. These businesses will be directly affected by the rule. Under the rule, producers in Belgium, Denmark, and the Netherlands will be able to ship mature Bromeliad plants in growing media directly to U.S. retailers. Although the rule will allow the European suppliers to bypass domestic nurseries and provide finished plants directly to U.S. retailers, such a scenario is not considered to be a certainty, given difficulties associated with shipping finished plants in pots. It is possible that the European suppliers will continue to export immature plants to domestic nurseries—but in growing media instead of in bare-root form—that will then grow them out for sale as finished plants. U.S. nurseries that produce Bromeliad plants from seed may also be affected by the rule, to the extent that their sales are displaced by Bromeliad plants in growing media imported from Belgium, Denmark, and the Netherlands. The number of these nurseries is unknown but is estimated to be fewer than 100, most or all of which are located in California, Florida, and Texas. Most if not all U.S. wholesale nurseries that sell Bromeliad plants are small entities under the Small Business Administration's standard of not more than $750,000 in annual receipts. The impact of the rule on these nurseries will depend on the volume and life-stage of the imported Bromeliads, and on the portions of the nurseries' incomes that derive from Bromeliad plant sales. Other small entities, including retail nurseries, are expected to benefit from new business opportunities created by the importation of Bromeliad plants in growing media from Belgium, Denmark, and the Netherlands. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. National Environmental Policy Act An environmental assessment and finding of no significant impact have been prepared for this final rule. The environmental assessment provides a basis for the conclusion that the importation of Bromeliad plants from Belgium, Denmark, and the Netherlands under the conditions specified in this rule will not have a significant impact on the quality of the human environment. Based on the finding of no significant impact, the Administrator of the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared. The environmental assessment and finding of no significant impact were prepared in accordance with:

(1)The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 *et seq.* ),

(2)regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508),

(3)USDA regulations implementing NEPA (7 CFR part 1b), and

(4)APHIS' NEPA Implementing Procedures (7 CFR part 372). The environmental assessment and finding of no significant impact may be viewed on the Regulations.gov Web site. 2 Copies of the environmental assessment and finding of no significant impact are also available for public inspection at USDA, room 1141, South Building, 14th Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons wishing to inspect copies are requested to call ahead on

(202)690-2817 to facilitate entry into the reading room. In addition, copies may be obtained by writing to the person listed under FOR FURTHER INFORMATION CONTACT . 2 Go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0005.* The environmental assessment and finding of no significant impact will appear in the resulting list of documents. Paperwork Reduction Act This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we are amending 7 CFR part 319 as follows: PART 319—FOREIGN QUARANTINE NOTICES 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. § 319.37-6 [Amended] 2. In § 319.37-6, footnote 8 is redesignated as footnote 7. § 319.37-7 [Amended] 3. In § 319.37-7, footnote 9 is redesignated as footnote 8. § 319.37-13 [Amended] 4. In § 319.37-13, footnote 11 is redesignated as footnote 12. 5. In § 319.37-8, paragraph

(e)introductory text, the list is amended as follows: a. By redesignating footnote 10 as footnote 9. b. By adding a new entry, in alphabetical order, and new footnote 10 to read as set forth below. c. By revising footnote 11 to read as set forth below. § 319.37-8 Growing media.

(e)* * * Bromeliad plants of the genera *Aechmea, Cryptanthus, Guzmania, Hohenbergia, Neoregelia, Tillandsia,* and *Vriesea* from Belgium, Denmark, and the Netherlands. 10 10 See footnote 9. *Nidularium* 11 11 See footnote 9. Done in Washington, DC, this 28th day of October 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2011-28404 Filed 11-1-11; 8:45 am]

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