Unknown. Final rule

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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-2014-04-29.xml --- 79 82 Tuesday, April 29, 2014 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Grain Inspection, Packers and Stockyards Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23928-23930 2014-09626 2014-09627 Animal Animal and Plant Health Inspection Service RULES Chronic Wasting Disease Herd Certification Program and Interstate Movement of Farmed or Captive Deer, Elk, and Moose, 23887-23892 2014-09714 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry, 23979-23980 2014-09702 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 23979 2014-09701 2014-09703 Coast Guard Coast Guard RULES Drawbridge Operations: Inner Harbor Navigational Canal, New Orleans, LA, 23913-23914 2014-09729 Safety Zones: Giants Enterprises Fireworks Display, San Francisco Bay, San Francisco, CA, 23914-23916 2014-09722 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2014-09671 23930-23931 2014-09682 2014-09670 Copyright Office Copyright Office, Library of Congress NOTICES Meetings: Public Roundtable on the Right of Making Available; Room Change, 24019 2014-09656 Defense Department Defense Department See Navy Department RULES Federal Acquisition Regulation: Federal Acquisition Circular 2005-73; Introduction, 24192 2014-08743 Positive Law Codification of Title 41, 24192-24253 2014-08744 Technical Amendments, 24253 2014-08745 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23958-23959 2014-09648 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adult Education and Family Literacy Act State Plan, 23960 2014-09644 Annual Performance Report (Parts I and II), 23960-23961 2014-09645 EDGAR Recordkeeping and Reporting Requirements, 23959-23960 2014-09708 Applications for New Awards: Project Prevent Grant Program, 23961-23968 2014-09604 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Employment and Training Handbook 336, 18th Edition: Unemployment Insurance State Quality Service Plan Planning and Reporting Guidelines, 24011-24012 2014-09748 ETA 9165; Unemployment Insurance Supplemental Budget Request Activities, 24012-24013 2014-09749 Applications for Reconsideration; Determinations: Merck Sharp and Dohme Corp., a Subsidiary of Merck and Co., Inc. West Point, PA, 24013 2014-09753 Von Hoffmann Corp., Jefferson City, MO, 24014 2014-09755 Wind Clean Corp.

Coleman, TX, 24013 2014-09754 Worker Adjustment Assistance; Investigations, 24014-24015 2014-09756 Worker Adjustment Assistance; Certifications: Dell Products L.P.; Subsidiary of Dell, Inc., Austin, TX, 24015 2014-09752 LexisNexis/Matthew Bender, a Reed Elsevier, Inc. Subsidiary, not Including the Customer Service and Fulfillment Departments, Albany, NY, 24015-24016 2014-09751 Worker Adjustment Assistance; Determinations, 24016-24017 2014-09750 Worker and Alternative Trade Adjustment Assistance;

Determinations, 24017-24018 2014-09757 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Programs: Energy Conservation Standards for General Service Fluorescent Lamps and Incandescent Reflector Lamps, 24068-24190 2014-08740 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Virginia; Control of Volatile Organic Compound Emissions from Mondelez Global LLC, Inc., Richmond Bakery located in Henrico County, VA, 23917-23920 2014-09658 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Virginia; Control of Volatile Organic Compound Emissions from Mondelez Global LLC, Inc., Richmond Bakery located in Henrico County, VA, 23922-23923 2014-09657 NOTICES Adequacy Status of Submitted Maintenance Plan: District of Columbia Portion of the Metropolitan Washington, D.C., (DC-MD-VA) 1997 Fine Particulate NAAQS Nonattainment Area, 23972-23973 2014-09719 Public Water System Supervision Program; Revisions: North Carolina, 23973-23974 2014-09566 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 23900-23903, 23909-23912 2014-09412 2014-09623 Austro Engine GmbH Engines, 23912-23913 2014-09349 British Aerospace (Operations) Limited Airplanes, 23897-23900 2014-09540 The Boeing Company Airplanes, 23893-23897, 23903-23908 2014-07339 2014-08987 2014-09309 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Performance and Handling Requirements for Rotorcraft, 24058 2014-09625 Qualitative Feedback on Agency Service Delivery, 24057-24058 2014-09624 Waivers of Aeronautical Land-Use Assurances:

Port Columbus International Airport, Columbus, OH, 24058-24059 2014-09633 Federal Communications Federal Communications Commission RULES Online Political Filing Deadline Compliance for Television Broadcasters, 23920-23921 2014-09761 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23974-23976 2014-09660 2014-09661 2014-09715 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood Elevation Determinations: Dona Ana County, NM and Incorporated Areas;

Withdrawal, 23926 2014-09746 Natchitoches Parish, LA and Incorporated Areas; Withdrawal, 23926 2014-09736 Flood Elevation Determinations; Correction, 23926-23927 2014-09747 Flood Hazard Determinations: Prince George's County, MD and Incorporated Areas; Withdrawal, 23927 2014-09743 NOTICES Flood Hazard Determinations; Changes, 23993-23999 2014-09725 2014-09727 2014-09734 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23968-23969 2014-09665 Combined Filings, 23969-23970 2014-09738 Complaints:

Gaelectric, LLC and Jawbone Wind Farm, LLC, 23970 2014-09664 Environmental Assessments; Availability, etc.: Georgia Power Co., 23970-23971 2014-09662 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: C2K Energy, LLC, 23971 2014-09739 Meetings: Southwest Power Pool, Inc. Regional Entity Trustee, Regional State Committee, SPP Members Committee and Board of Directors, 23971-23972 2014-09666 Petitions for Declaratory Orders: Morongo Transmission LLC, 23972 2014-09663 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Transportation Improvements on I-84 in Fairfield County and New Haven County, CT; Withdrawals, 24059-24060 2014-09710 Federal Labor Federal Labor Relations Authority NOTICES Service Contract Inventories: FY 2013, 23976-23977 2014-09643 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24060 2014-09685 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company; Correction, 23977 2014-09704 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 23977 2014-09705 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Status for Sierra Nevada Yellow-Legged Frog; Northern Distinct Population Segment of the Mountain Yellow-Legged Frog; Status for Yosemite Toad, 24256-24310 2014-09488 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 23980-23981 2014-09693 Voluntary Cosmetic Registration Program, 23981-23982 2014-09692 Meetings: Pediatric Clinical Investigator Training Workshop, 23982-23983 2014-09695 Foreign Assets Foreign Assets Control Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cuban Remittance Affidavit, 24064-24065 2014-09706 General Services General Services Administration RULES Federal Acquisition Regulation:

Federal Acquisition Circular 2005-73; Introduction, 24192 2014-08743 Federal Acquisition Circular 2005-73; Small Entity Compliance Guide, 24254 2014-08746 Positive Law Codification of Title 41, 24192-24253 2014-08744 Technical Amendments, 24253 2014-08745 Grain Inspection Grain Inspection, Packers and Stockyards Administration RULES Scales; Accurate Weights, Repairs, Adjustments or Replacements after Inspection, 23892-23893 2014-09655 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Indian Health Service See National Institutes of Health NOTICES Requests for Nominations:

National Vaccine Advisory Committee, 23977-23979 2014-09634 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: Multifamily Contractor's/Mortgagor's Cost Breakdowns and Certifications, 24000-24001 2014-09716 Office of Hospital Facilities Transactional Forms, 24001-24002 2014-09717 Performing Loan Servicing for the Home Equity Conversion Mortgage, 24002 2014-09718 Promise Zones, 23999-24000 2014-09720 Indian Affairs Indian Affairs Bureau NOTICES Privacy Act;

Systems of Records, 24002-24005 2014-09711 Indian Health Indian Health Service See Indian Health Service NOTICES Funding Opportunities: American Indians into Medicine, 23983-23989 2014-09607 Information Information Security Oversight Office NOTICES Meetings: National Industrial Security Program Policy Advisory Committee, 24019-24020 2014-09687 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Disallowance of Partnership Loss Transfers, Mandatory Basis Adjustments, Basis Reduction in Stock of a Corporate Partner, etc.:

Hearings; Cancellations, 23922 2014-09699 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Light-Walled Rectangular Pipe and Tube from Turkey, 23931-23933 2014-09758 Infrastructure Business Development Missions: Morocco, Egypt, and Jordan, 23933-23940 2014-09774 International Trade Com International Trade Commission NOTICES Antidumping and Countervailing Duty Investigations;

Results, Extensions, Amendments, etc.: 53-Foot Domestic Dry Containers from China, 24005-24006 2014-09691 Justice Department Justice Department See Parole Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24006-24009 2014-09637 2014-09638 2014-09639 2014-09640 2014-09641 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Law Enforcement Officers Killed and Assaulted Program, Analysis of Officers Feloniously Killed and Assaulted, etc., 24009-24010 2014-09659 Consent Decrees under CERCLA, 24010 2014-09709 Consent Decrees under the Clean Air Act, 24010-24011 2014-09646 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau PROPOSED RULES Waste Mine Methane Capture, Use, Sale, or Destruction, 23923-23926 2014-09688 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation:

Federal Acquisition Circular 2005-73; Introduction, 24192 2014-08743 Positive Law Codification of Title 41, 24192-24253 2014-08744 Technical Amendments, 24253 2014-08745 NOTICES Meetings: Planetary Protection Subcommittee, 24019 2014-09635 National Archives National Archives and Records Administration See Information Security Oversight Office National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 23989-23990 2014-09612 2014-09620 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 23990-23991 2014-09614 National Cancer Institute, 23991-23992 2014-09617 National Center for Advancing Translational Sciences, 23992 2014-09618 National Heart, Lung, and Blood Institute, 23992 2014-09613 National Institute of Allergy and Infectious Diseases, 23991 2014-09611 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 23991 2014-09619 National Institute on Drug Abuse, 23990, 23992 2014-09615 2014-09616 National Oceanic National Oceanic and Atmospheric Administration NOTICES Applications for Exempted Fishing Permits:

General Provisions for Domestic Fisheries, 23940-23941 2014-09742 Exempted Fishing Permit Applications: General Provisions for Domestic Fisheries, 23941-23944 2014-09741 Meetings: Fisheries of the Exclusive Economic Zone Off Alaska; At-sea Scales Requirements; Public Workshop, 23944-23945 2014-09732 Mid-Atlantic Fishery Management Council, 23945 2014-09602 National Telecommunications National Telecommunications and Information Administration NOTICES National Environmental Policy Act Categorical Exclusions, 23945-23950 2014-09730 National Environmental Policy Act Implementing Procedures and Categorical Exclusions, 23950-23958 2014-09733 Navy Navy Department NOTICES Meetings:

U.S. Naval Academy Board of Visitors, 23959 2014-09713 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24020-24021 2014-09631 2014-09684 Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 24021-24027 2014-09489 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Digital I and C, 24027-24028 2014-09737 Parole Parole Commission NOTICES Meetings;

Sunshine Act, 24011 2014-09776 Postal Regulatory Postal Regulatory Commission RULES Revisions to Rules of Practice; Corrections, 23916-23917 2014-09797 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 24032 2014-09679 EDGA Exchange, Inc., 24049-24053 2014-09675 EDGX Exchange, Inc., 24028-24031 2014-09676 Financial Industry Regulatory Authority, Inc., 24047-24049 2014-09672 International Securities Exchange, LLC, 24031-24032 2014-09677 Miami International Securities Exchange, LLC, 24032-24040 2014-09680 NASDAQ Stock Market LLC, 2014-09678 24045-24047 2014-09681 NYSE Arca, Inc., 24032, 24040-24045 2014-09673 2014-09674 Selective Selective Service System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 24053 2014-09712 Small Business Small Business Administration NOTICES Lender Risk Rating System, 24053-24057 2014-09642 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24060-24064 2014-09647 2014-09686 2014-09731 2014-09740 2014-09760 Veteran Affairs Veterans Affairs Department NOTICES Meetings:

National Research Advisory Council, 24065 2014-09745 Separate Parts In This Issue Part II Energy Department, 24068-24190 2014-08740 Part III Defense Department, 2014-08743 24192-24253 2014-08744 2014-08745 General Services Administration, 2014-08743 2014-08746 24192-24254 2014-08744 2014-08745 National Aeronautics and Space Administration, 2014-08743 24192-24253 2014-08744 2014-08745 Part IV Interior Department, Fish and Wildlife Service, 24256-24310 2014-09488 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. 79 82 Tuesday, April 29, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Parts 55 and 81 [Docket No. 00-108-11] RIN 0579-AB35 Chronic Wasting Disease Herd Certification Program and Interstate Movement of Farmed or Captive Deer, Elk, and Moose AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are adopting as a final rule, with two miscellaneous changes, an interim final rule that established a herd certification program to control chronic wasting disease

(CWD)in farmed or captive cervids in the United States. The interim final rule specifically requested comment on our policy that our CWD regulations set minimum requirements for the interstate movement of farmed or captive deer, elk, and moose but will not preempt State or local laws or regulations that are more restrictive than our regulations. This document responds to comments we received on that policy. The interim final rule was necessary to help to control the incidence of CWD in farmed or captive cervid herds and prevent its spread. DATES: Effective on April 29, 2014, we are adopting as a final rule the interim final rule published at 77 FR 35542-35571 on June 13, 2012. The amendments in this final rule are also effective April 29, 2014. FOR FURTHER INFORMATION CONTACT: Dr. Patrice Klein, Senior Staff Veterinarian, Sheep, Goat, Cervid & Equine Health Center, Surveillance, Preparedness, and Response Services, Veterinary Services, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231;

(301)851-3435. SUPPLEMENTARY INFORMATION: Background Chronic wasting disease

(CWD)is a transmissible spongiform encephalopathy of cervids (members of Cervidae, the deer family) that, as of May 2011, has been found only in wild and captive animals in North America and in captive animals in the Republic of Korea. First recognized as a clinical “wasting” syndrome in 1967, the disease is typified by chronic weight loss leading to death. Species currently known to be susceptible to CWD via natural routes of transmission include Rocky Mountain elk, mule deer, white-tailed deer, black-tailed deer, sika deer, and moose. In the United States, as of April 2013, CWD has been confirmed in wild deer and elk in 18 States and in 40 farmed elk herds, 19 farmed white-tailed deer herds, and 1 farmed red deer herd in 13 States. The disease was first detected in U.S. farmed elk in 1997. It was also diagnosed in a wild moose in Colorado in 2005. The presence of CWD in cervids causes significant economic and market losses to U.S. producers. Canada prohibits the importation of elk from Colorado and Wyoming and now requires that other cervids be accompanied by a certificate stating that CWD has not been diagnosed in the herd of origin. The Republic of Korea has suspended the importation of deer and elk and their products from the United States and Canada. The domestic prices for elk and deer have also been severely affected by fear of CWD. To help producers avoid the losses caused by CWD infection and risk, we determined that it was necessary to establish a program that would actively identify herds infected with CWD and allow producers to manage these herds in a way that will prevent further spread of CWD. Specifically, on July 21, 2006, we published a final rule in the **Federal Register** (71 FR 41682-41707, Docket No. 00-108-3; “the July 2006 final rule”) that established the Chronic Wasting Disease Herd Certification Program in 9 CFR subchapter B, part 55. (That part had previously contained only regulations related to the payment of indemnity to the owners of CWD-positive captive herds who voluntarily depopulate their herds.) Under the July 2006 final rule, owners of deer, elk, and moose herds who choose to participate have to follow the program requirements of a cooperative State-Federal program for animal identification, testing, herd management, and movement of animals into and from herds. The July 2006 final rule also amended 9 CFR subchapter C by establishing a new part 81 containing interstate movement requirements designed to prevent the spread of CWD through the movement of farmed or captive deer, elk, or moose. After publication of the July 2006 final rule, but before its effective date, the Animal and Plant Health Inspection Service (APHIS) received three petitions requesting reconsideration of several requirements of the rule. On September 8, 2006, we published a notice in the **Federal Register** (71 FR 52983, Docket No. 00-108-4) that delayed the effective date of the CWD final rule while APHIS considered those petitions. On November 3, 2006, we published another notice in the **Federal Register** (71 FR 64650-64651, Docket No. 00-108-5) that described the nature of the petitions and made the petitions available for public review and comment, with a comment period closing date of December 4, 2006. We subsequently extended that comment period until January 3, 2007, in a **Federal Register** notice published on November 21, 2006 (71 FR 67313, Docket No. 00-108-6). We received 77 comments by that date. They were from cervid producer associations, individual cervid producers, State animal health agencies, State wildlife agencies, and others. We carefully considered the petitions and the public comments received in response to them. On March 31, 2009, we published in the **Federal Register** (74 FR 14495-14506, Docket No. 00-108-7; “the March 2009 proposed rule”) a proposal to amend the July 2006 final rule. Specifically, we proposed to recognize State bans on the entry of farmed or captive cervids for reasons unrelated to CWD, increase to 5 the number of years an animal must be monitored for CWD before it may be moved interstate; restrict the interstate movement of cervids that originated from herds in proximity to a CWD outbreak; change herd inventory procedures; prohibit the addition of animals to CWD-positive, -suspect, and -exposed herds; require States to conduct wildlife surveillance for CWD as part of their Approved State CWD Herd Certification Programs; provide for optional confirmatory DNA testing of CWD-positive samples; and make several other changes. On June 13, 2012, we published in the **Federal Register** (77 FR 35542-35571, Docket No. 00-108-8; “the June 2012 interim final rule”) an interim final rule 1 that set an effective date of August 13, 2012 for the July 2006 final rule, with amendments as discussed in the March 2009 proposed rule and the June 2012 interim final rule itself. The interim final rule also set a compliance date of December 10, 2012, for the interstate movement provisions in 9 CFR part 81, to give States and producers time to come into compliance with the herd certification program requirements in 9 CFR part 55. 1 To view the interim final rule and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2006-0118.* In the June 2012 interim final rule, we specifically requested comments only on our policy with respect to preemption of State and local laws and regulations regarding CWD. Comments on issues other than preemption will not be addressed in this document, as the June 2012 interim final rule finalized the other provisions of the regulations. However, we are considering comments submitted on those other provisions for potential future rulemaking. Both the July 2006 final rule and the March 2009 proposed rule indicated that we would preempt State and local laws and regulations that were more restrictive than our regulations. However, in reviewing the comments on the March 2009 proposed rule, we decided that it would be more appropriate that our regulations not preempt State and local laws and regulations that are more stringent than our regulations. We provided one exception, which is that cervids that are eligible to move interstate may transit a State that bans or restricts the entry of such animals en route to another State, under certain conditions. We solicited comments concerning the preemption issue for 30 days ending July 13, 2012. We reopened and extended the deadline for comments until August 13, 2012, in a document published in the **Federal Register** on July 20, 2012 (77 FR 42625, Docket No. 00-108-9). We received 199 comments by that date. They were from interested members of the public, producers, researchers, and representatives of State and foreign governments. They are discussed below by topic. Support for Previous Preemption Policy Some commenters stated that APHIS regulations should preempt all State and local regulations with respect to CWD, thus ensuring that State and local laws and regulations could not be more restrictive than APHIS' regulations. Some of these commenters stated that States may use this discretion to impose stricter regulations than are justified, meaning that owners of farmed and captive cervids could not engage in interstate commerce even though they had met the requirements of the Federal CWD program. We decided to allow State and local laws and regulations with respect to CWD to be more restrictive than our regulations for multiple reasons. One of those reasons is that it is more difficult to determine with certainty what restrictions are justified for CWD than for other diseases, given our relative lack of knowledge about CWD. Importantly, there is no conclusive knowledge about how CWD may be transmitted between wild cervid populations and farmed and captive cervids. Other gaps in the available science about CWD also impair our ability to achieve eradication of CWD, including the lack of certainty regarding the disease status of individual live animals and the lack of knowledge regarding effective cleaning and disinfection measures for premises on which CWD has been found. (For example, no cleaning and disinfection measures have been proven to effectively address the persistence of CWD in substrates.) This makes it more difficult to determine what restrictions may be justified. Recognizing this uncertainty, we have determined that it is appropriate to allow States to impose more restrictive requirements with respect to CWD, based on their interpretation of the available evidence and on local conditions. One commenter stated that a purpose of the Federal CWD rules should be to establish national uniformity in disease regulation. Allowing States to impose more restrictive regulations undermines the Federal rule and essentially negates it. The commenter expressed particular concern about the difficulties that will arise regarding testing for CWD and herd compliance for interstate movement. We recognize that our preemption policy will not ensure national uniformity in CWD regulation; indeed, many States impose restrictions that go beyond APHIS' CWD regulations. However, the decision not to preempt more restrictive State and local laws and regulations was also based on the fact that our goal for the CWD program has changed. As discussed in the June 2012 interim final rule, the objective of our regulations is now to control the incidence of CWD in farmed and captive cervids and prevent the interstate spread of the disease, rather than eliminating CWD in farmed and captive cervids. Eliminating CWD from farmed and captive cervids is not practical given the persistence of CWD in wild cervid populations and the lack of knowledge about the disease discussed earlier. However, States may decide that a higher level of protection is appropriate in their State, and allowing States to establish more restrictive laws and regulations on farmed and captive cervids recognizes that States may want to establish a higher level of protection against the disease than the Federal program is designed to provide. It is important to keep in mind, both with respect to the comments discussed above and those discussed later in this document, that the CWD program was only established in the June 2012 interim final rule, although the effort to establish the program goes back further. Changing conditions, new knowledge about CWD, or our experience administering the program could all lead APHIS to determine that a change in our preemption policy is necessary. We will continue to consider this issue as we implement the CWD program. Opposition to Allowing Farmed or Captive Cervids To Move Through States and Localities With More Restrictive Laws or Regulations As noted earlier, we made an exception to our policy of allowing State and local laws and regulations to be more restrictive than APHIS' regulations to provide conditions for the interstate movement of farmed or captive cervids through a State or locality. These conditions preempt State and local laws and regulations that would otherwise apply to such movement through a State or locality. The conditions for such movement are: • The farmed or captive deer, elk, or moose must be eligible to move interstate under § 81.3. This section requires animals that move interstate to be from herds that are Certified as low risk for CWD, to be from wild populations that have been documented to be low risk for CWD, or to be moved directly to slaughter. It also provides for movement of research animals under permit, which will only be issued if the movement authorized will not result in the interstate dissemination of CWD. • The farmed or captive deer, elk, or moose must meet the entry requirements of the destination State listed on the certificate or permit accompanying the animal. • Except in emergencies, the farmed or captive deer, elk, or moose must not be unloaded until their arrival at their destination. Emergencies might include a breakdown of the vehicle transporting the deer, elk, or moose or weather conditions that make it impossible or extremely unsafe for a vehicle to continue along its scheduled itinerary. Some commenters stated that States should have the authority to further regulate or ban the transit of farmed or captive cervids through a State en route to another State. Three commenters stated that movement of farmed or captive cervids through a State introduces risk and would potentially affect State efforts to exclude or eradicate CWD. One stated that State and local authorities know the risks and resources within their jurisdictions and are more suited to protect their resources beyond the protection afforded by a national program if required. Another stated that it is the prerogative of each State to determine the level of risk it is willing to accept with respect to CWD. One commenter stated that the interim rule stated that interstate movement is a low risk with limited exceptions, and asked what the exceptions are. While there may be some risk associated with the movement of farmed or captive cervids through a State en route to another State, the available evidence indicates that the risk is low in all circumstances. As discussed in the June 2012 interim final rule, the available science suggests that CWD is not highly infectious. In addition, the regulations in § 81.3 limit the interstate movement of farmed or captive cervids to animals from herds that have achieved Certified status as being low-risk for CWD, with certain exceptions for specific movements as noted earlier. As discussed in the June 2012 interim final rule, not providing for movement through States that ban or further restrict the entry of farmed or captive deer, elk, or moose would also raise several issues. The rerouting required to avoid such States may make transportation of farmed or captive cervids economically unfeasible. Even if such transportation is economically feasible, the additional time necessary to traverse a lengthy route may raise animal health or welfare issues for the cervids being transported; the cervids would need regular water, feed, and rest, as required for all livestock under the Twenty-Eight Hour Law (49 U.S.C. 80502). Captive cervids that needed to be offloaded for such purposes would not be easy to confine and to reload onto a conveyance. Several commenters on the interim final rule agreed that circuitous routing around States that ban or restrict movement raises both economic and animal welfare concerns. Given the low risk associated with this type of movement, and the concerns that not allowing such movement raises, we have determined that it is appropriate to provide for the movement of farmed or captive cervids through States and localities whose laws or regulations on the movement of captive cervids are more restrictive than the regulations in part 81. One commenter stated that the preemption policy does not take into account States' legitimate concerns for captive cervid escapes through emergency unloading and accidents. As noted earlier, the regulations require farmed or captive cervids moved through a State to be eligible for interstate movement under part 81, and thus to be low risk for CWD. We do not believe the risk of allowing movement through a State outweighs the economic and animal welfare benefits described earlier. Two commenters stated that preempting State and local laws and regulations regarding the movement of farmed or captive cervids through a State or locality en route to another State was not within APHIS' authority under the Animal Health Protection Act (AHPA, 7 U.S.C. 8301 *et seq* ). One commenter elaborated that the AHPA gives the Secretary of Agriculture the authority to prohibit or restrict the movement in interstate commerce of any animal, if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of any pest or disease of livestock. The commenter stated that the June 2012 interim final rule does not prohibit or restrict movement in interstate commerce as authorized by the AHPA. Prior to August 13, 2012, when the June 2012 interim final rule became effective, there had been no Federal regulation of the interstate movement of farmed or captive cervids. The regulations in part 81, which the interim final rule added to 9 CFR chapter I, restrict the movement in interstate commerce of farmed or captive cervids, including the interstate movement of farmed or captive cervids through a State. As noted earlier, such movement may only occur in accordance with certain requirements. The provisions allowing for interstate movement through a State were promulgated with the AHPA in mind. In 7 U.S.C. 8301, Congress found that the prevention, detection, control, and eradication of diseases and pests of animals are essential to protect animal health, and that regulation is also necessary to prevent and eliminate burdens on interstate commerce, among other things. Given the low risk associated with the movement through a State of farmed or captive cervids that meet the other requirements in 9 CFR part 81, we believe we have appropriately balanced our duties under the AHPA to prevent and control CWD and to prevent and eliminate burdens on interstate commerce. Additional Restrictions on Movement Through a State or Locality Some commenters asked whether States and localities could impose additional restrictions on the interstate movement of farmed or captive cervids through a State or locality, beyond those listed in § 81.5. Two commenters, both State fish and wildlife agencies, requested that we amend § 81.5 to allow for State approval of transport of cervids through a State. One of these commenters stated that the commenter's State bans all transportation of cervids through the State except under a permit issued by that agency. The commenter stated that the intent of the permit was not to impede transit of cervids but to ensure that animals are properly secured during transport, all documentation is valid, and that the route taken through the State is as efficient and expeditious as possible. A third commenter asked whether a State could require a permit or an inspection of cervids moving through a State, or a fee for movement of farmed or captive cervids through a State. A State could use any kind of permit or inspection requirement as a *de facto* ban on the interstate movement of farmed or captive cervids through the State. For this reason, adding such a provision to § 81.5 could be counterproductive to the goal of facilitating interstate movement that poses a low risk. However, we encourage persons moving farmed or captive cervids through a State to notify the States through which the movement will occur. Since a State cannot require permits or inspections for cervids moved through their State en route to another State, as this would obstruct transiting that State, we assume that fees specific to the interstate movement of farmed or captive cervids through a State would not be necessary, as they are not for other livestock. Two commenters recommended that we add requirements to address the potential escape of urine and feces from conveyances being used to move farmed or captive cervids interstate. One commenter stated that research has demonstrated that CWD can be transmitted by environmental transmission, and prions are excreted in the urine and feces of infected animals. The other commenter recommended that we also require decontamination for all transport vehicles and equipment that cross state lines and transporter recordkeeping to allow traceback of all live animals. We do not consider these requirements to be necessary to mitigate the low risk associated with the movement through a State of farmed or captive cervids that are eligible for interstate movement under 9 CFR part 81. Such farmed or captive cervids are already at low risk for CWD. Wild cervids are unlikely to receive sustained exposure from urine or feces that inadvertently escapes a cervid transport vehicle moving on an interstate highway, for example. Decontamination of transport vehicles and equipment could be required by the receiving State after the animals have been offloaded at their destination. If the commenter is referring to decontamination during transport of a vehicle loaded with animals before the vehicle enters a State en route to its final destination, that would require unloading the cervids, which would potentially pose a greater risk of escape and may affect the welfare of the animals. Finally, all farmed or captive cervids moved interstate are required to be identified in accordance with § 81.2, which requires two forms of animal identification, one of which is official. Under § 81.4, the animal identification must be included on the certificate that accompanies the farmed or captive cervids moved interstate. These requirements allow for any traceback that should be necessary. Federal CWD Herd Certification Program In the first sentence of paragraph

(b)of § 55.22, the July 2006 final rule provided for direct enrollment in the Federal CWD Herd Certification Program by owners as follows: Any owner of a farmed or captive deer, elk, or moose herd may apply to enroll in the CWD Herd Certification Program by sending a written request to the appropriate State agency, or to the veterinarian in charge if no Approved State CWD Herd Certification Program exists in the herd's State. The June 2012 interim final rule amended this sentence to indicate that direct enrollment by herd owners in the Federal CWD Herd Certification Program would be subject to the availability of Federal funds. Such appropriated funding is not currently available. Three commenters expressed concern about what they perceived to be the preemptive effects of this provision. They stated that it conflicted with the overall policy of allowing States and localities to establish more restrictive regulations for CWD. Two of the commenters also stated that the decision to implement a herd certification program should be at the State's discretion and no private individual should be granted the flexibility to circumvent State authority. One stated that it is unlikely that appropriated funds will be available. One of these commenters, however, stated that if the provision serves to qualify a cervid owner to export deer to another State that permits it, the commenter's State fish and wildlife agency could assist the cervid owner to meet requirements necessary to enroll individually into the herd certification program. The last of the comments is closest to the intent of the provision. If a State prohibits cervid farming, our regulations will not preempt that law. Rather, this provision addresses the specific situation of a State that allows cervids to be farmed but does not provide a State CWD Herd Certification Program in which herd owners can participate. In such a case, a herd owner could apply to the Federal CWD Herd Certification Program, subject to the availability of Federal funding. We do not believe that the provision is ambiguous, as a person could not own a herd of cervids in a State where farming cervids was prohibited; the provision could only apply if a herd owner, operating legally in a State, had no State CWD Herd Certification Program to which he or she could apply. It is important to provide this option because only farmed or captive cervid herds that have reached Certified status under an approved herd certification program are eligible for interstate movement under 9 CFR part 81; if no herd certification program is available in a State, no farmed cervids can be moved interstate from that State. Wild Cervids Both the July 2006 final rule and the June 2012 interim final rule included requirements for the interstate movement of wild cervids. Specifically, paragraph

(b)of § 81.3 requires captive cervids captured from a wild population for interstate movement and release to be accompanied by a certificate stating that the source population has been determined to be low risk for CWD, based on a CWD surveillance program in wild cervid populations that is approved by the State Government of the receiving State and by APHIS. One commenter stated that this provision preempts the authority of States to control the movement of wild cervids. As noted in the Background section of the June 2012 interim final rule, the Federal CWD regulations indeed set minimum standards for CWD control. We believe that these are the minimum standards necessary to have an effective CWD control program. The movement of wild cervids captured for interstate movement and release could easily spread CWD. As a result, we have determined that it is necessary to impose minimum restrictions on this movement. Miscellaneous Changes In the June 2012 interim final rule, we described how the goal of the CWD program had shifted from the elimination of CWD from farmed and captive cervids in the United States to controlling the incidence of CWD in farmed and captive cervids and preventing the interstate spread of CWD. In § 55.1, the definition of *herd plan,* established in a previous action, indicates that a herd plan sets out the steps to be taken to eradicate CWD from a CWD-positive herd, among other things. Completion of a herd plan is required to allow a herd enrolled in the Federal CWD herd certification program to reenroll in the program after it has been determined to be positive for or exposed to CWD. However, as the goal of the CWD program is no longer to eliminate CWD from farmed and captive cervids, the term “eradicate” may not be appropriate; in some cases, a herd plan may seek to control CWD within the herd, without necessarily depopulating the whole herd. For this reason, we are amending the definition of *herd plan* to indicate that such a plan will set out the steps to be taken to control the spread of CWD from a CWD-positive herd. Under § 81.3, cervids moved directly to slaughter must, among other things, be moved to a recognized slaughtering establishment. We did not include in the June 2012 interim final rule a definition of the term “recognized slaughtering establishment.” This omission could cause confusion. Accordingly, we are adding a definition of *recognized slaughtering establishment* to § 81.1, which reads “An establishment where slaughtering operations are regularly carried out under Federal or State inspection and which has been approved by the Animal and Plant Health Inspection Service to receive animals for slaughter.” This definition is taken from the regulations governing the importation of ruminants in § 93.400 and is consistent with the intended meaning of the term in § 81.3. Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim final rule as a final rule, with the changes discussed in this document. This action also affirms the information contained in the interim rule concerning Executive Orders 12866, 13563, 12372, and 12988 and the Paperwork Reduction Act. Further, this action 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. Regulatory Flexibility Act This final rule follows an interim final rule that established a Federal herd certification program for CWD and put in place interstate movement restrictions to prevent CWD from spreading interstate. The interim final rule specifically requested comments only on the issue of our new preemption policy. 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 affirms prior regulatory actions that established a voluntary herd certification program for the control of CWD in farmed or captive cervids (deer, elk, and moose) in the United States. The program regulations include CWD monitoring and testing requirements, and set minimal requirements for interstate movement that will not preempt more restrictive State or local laws or regulations. At present, herd owners' interstate marketing decisions may need to account for dissimilar State CWD certification regulations. Herd owners who choose to participate in the herd certification program will have to meet program requirements for animal identification, testing, and herd management. Other than for cervids moving to slaughter or for research, those that move interstate must be from Certified herds that have been monitored for a period of at least 5 years and that have not been epidemiologically linked to herds where CWD has been diagnosed, or captured from a wild cervid population that has been documented to be low risk for CWD based on a surveillance program. Some herd owners may be adversely affected by the 5-year monitoring requirement for interstate movement; however, available research indicates that this minimum period of monitoring is necessary to provide an adequate level of protection against the spread of CWD. Most researchers agree that CWD manifests itself within 5 years if the disease is present in a herd of farmed or captive cervids. Many herd owners have been participating in State-level CWD herd certification programs for at least 5 years and will have met this requirement as a result of being enrolled in a State program that becomes an Approved State Herd Certification Program in the national CWD herd certification program. Producers who participate in the herd certification program will be required to maintain a complete inventory of their herds, with verification by APHIS or State officials. A physical inventory of the animals will be required at the time a herd is enrolled in a CWD certification program and thereafter the animals will need to be physically assembled for inventory within 3 years of the last physical inventory. An annual herd inventory—including a review of owner records and an observation of the herd's unrestrained animals in a viewable, enclosed area—will continue to be required, but the animals will not necessarily need to be physically assembled and restrained. The inventory cost is estimated to average about $25 to $30 per deer or elk, including the animals' physical inventory once every 3 years and use of eartags for identification. (We do not know of any farmed or captive moose herds.) Values of farmed or captive deer and elk range widely, depending on the type of animal and market conditions. Based on average per animal values of $2,000 for deer and $2,200 for elk, annual inventory costs are estimated to average less than 2 percent of the value of farmed or captive deer and elk. All on-farm cervid mortalities and any cervids on herd inventories sent to slaughter and hunt facilities must be tested to achieve certified status. Thereafter, all on-farm mortalities of Certified cervids will be required to be tested for CWD to maintain Certified status. There also will be optional confirmatory DNA test provisions for animals that test CWD-positive. CWD testing will entail submission of the carcass or whole head for tissue sampling and testing, or collection of the tissue samples by State officials, APHIS employees, accredited veterinarians, or State-certified or -designated CWD sample collectors. The estimated cost is about $150 per sample, equivalent to about 8 percent of the average value of a farmed or captive deer and about 7 percent of the average value of a farmed or captive elk. CWD testing of cervids is recognized by APHIS, the States, and cervid herd owners as essential to successful control of this disease. Owners who choose confirmatory DNA testing will consider it a benefit, as evidenced by their payment for this voluntary, optional test. Most cervid operations are small entities. The rule will have a positive overall economic impact on affected entities large and small, and for the U.S. cervid industries generally, in controlling the spread of CWD and facilitating interstate and international trade in cervids and cervid products. List of Subjects 9 CFR Part 55 Animal diseases, Cervids, Chronic wasting disease, Deer, Elk, Indemnity payments, Moose. 9 CFR Part 81 Animal diseases, Cervids, Deer, Elk, Moose, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, the interim final rule amending 9 CFR parts 55 and 81 that was published at 77 FR 35542-35571 on June 13, 2012, is adopted as a final rule with the following changes: PART 55—CONTROL OF CHRONIC WASTING DISEASE 1. The authority citation for part 55 continues to read as follows: Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. § 55.1 [Amended] 2. In § 55.1, the definition of *herd plan* is amended by removing the word “eradicate” and adding the words “control the spread of” in its place. PART 81—CHRONIC WASTING DISEASE IN DEER, ELK, AND MOOSE 3. The authority citation for part 81 continues to read as follows: Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. 4. In § 81.1, a new definition of *recognized slaughtering establishment* is added in alphabetical order to read as follows: § 81.1 Definitions. *Recognized slaughtering establishment.* An establishment where slaughtering operations are regularly carried out under Federal or State inspection and which has been approved by the Animal and Plant Health Inspection Service to receive animals for slaughter. Done in Washington, DC, this 24th day of April 2014. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2014-09714 Filed 4-28-14; 8:45 am]

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