Unknown. Final rule

4,607 words·~21 min read·/register/2018/12/14/2018-27150·

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--- schema: federal-register doc_type: fedreg source_file: FR-2018-12-14.xml --- 83 240 Friday, December 14, 2018 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Marketing Order 956 and Referendum Order: Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon, 64296-64299 2018-27143 Pears Grown in Oregon and Washington: Change in Committee Structure for Processed Pears, 64294-64296 2018-27140 NOTICES Designation for the Georgia Area Consisting of the Entire State of Georgia, 64311 2018-27142 Meetings:

Fruit and Vegetable Industry Advisory Committee, 64311-64312 2018-27141 Requests for Nominations: USDA Grain Inspection Advisory Committee, 64312-64313 2018-27139 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64313 2018-27097 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Establishment of the Van Duzer Corridor Viticultural Area and Clarification of the Eola-Amity Hills Viticultural Area Boundary Description, 64276-64280 2018-27017 Expansion of the Arroyo Seco Viticultural Area, 64274-64276 2018-27014 Viticultural Areas:

Expansion of the Monticello Viticultural Area, 64272-64274 2018-27125 Animal Animal and Plant Health Inspection Service RULES Branding Requirements for Bovines Imported Into the United States From Mexico, 64223-64225 2018-27150 NOTICES Availability of a Pest Risk Analysis for the Importation of Fresh Guava Fruit From Taiwan Into the Continental United States, 64314-64315 2018-27053 Changes to the National Poultry Improvement Plan Program Standards, 64313-64314 2018-27068 Antitrust Division Antitrust Division NOTICES Proposed Final Judgments and Competitive Impact Statements:

United States v. James Dolan, 64359-64364 2018-27055 Army Army Department NOTICES Meetings: U.S. Army Science Board, 64334-64335 2018-27108 Centers Disease Centers for Disease Control and Prevention NOTICES Decision To Evaluate a Petition To Designate a Class of Employees From the Y-12 Plant in Oak Ridge, Tennessee, To Be Included in the Special Exposure Cohort, 64344 2018-27136 Petitions To Designate Classes of Employees To Be Included in Special Exposure Cohort: Albuquerque, New Mexico;

Sandia National Laboratories, 64344 2018-27135 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64344-64347 2018-27101 2018-27104 Civil Rights Civil Rights Commission NOTICES Meetings: Ohio Advisory Committee, 64325-64326 2018-27063 Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64349-64351 2018-27105 2018-27161 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 64332-64334 2018-27146 2018-27147 Defense Department Defense Department See Army Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64335 2018-27102 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application: Usona Institute, 64364 2018-27132 Importer of Controlled Substances Application: Arizona Department of Corrections, 64364-64365 2018-27131 Usona Institute, 64365 2018-27133 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Guaranty Agencies Security Self-Assessment and Attestation, 64340-64341 2018-27127 Privacy Act; Systems of Records, 64338-64340 2018-27144 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement of Expenditures and Financial Adjustments of Federal Funds for Unemployment Compensation for Federal Employees and Ex-Servicemembers Report, 64370-64371 2018-27074 Energy Department Energy Department See Energy Information Administration Energy Information Energy Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64341 2018-27124 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Dam Safety Modification Study for the Cherry Creek Project, Arapahoe County, CO, 64335-64337 2018-27115 Whittier Narrow Dam Safety Modification Study, Los Angeles County, CA, 64337-64338 2018-27114 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alabama, Georgia, and South Carolina;

Revisions to Public Notice Provisions in Permitting Programs, 64285-64289 2018-26247 Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors and Cement Plants, 64282-64285 2018-27049 Hazardous Waste Management System: Identifying and Listing Hazardous Waste Exclusion, 64289-64293 2018-27156 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipts, 64342-64343 2018-27072 Experts Nominated To Be Considered for Ad Hoc Participation and Possible Membership on the Toxic Substances Control Act Science Advisory Committee on Chemicals, 64341-64342 2018-27155 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus SAS Airplanes, 64230-64233 2018-26536 Dassault Aviation Model FALCON 2000 Airplanes, 64228-64230 2018-26629 Fokker Services B.V. Airplanes, 64225-64227 2018-26630 The Boeing Company Airplanes, 64233-64239 2018-26532 Amendment of Class D and Class E Airspace, and Removal of Class E Airspace: Lompoc, CA, 64241-64242 2018-26799 Amendment of Class D and Class E Airspace: Aspen, CO, 64244-64245 2018-26804 Moses Lake, WA, 64250-64252 2018-26805 Amendment of Class D and E Airspace and Revocation of Class E Airspace:

Jackson, MI, 64239-64241 2018-26919 Amendment of Class D and E Airspace: Casper, WY, 64245-64247 2018-26802 Amendment of Class E Airspace: Bethel, ME, 64249-64250 2018-26801 Mesquite, NV, 64247-64248 2018-26796 Pago Pago, American Samoa, 64242-64244 2018-26809 Establishment of Class E Airspace: Leitchfield, KY, 64252-64253 2018-26800 Instrument Flight Rules Altitudes, 64253-64257 2018-27030 Removal of Class E Airspace: Mercury, NV, 64248-64249 2018-27023 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Recording of Aircraft Conveyances and Security Documents, 64426-64427 2018-27054 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 64343 2018-27229 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations; Proposals, 64351-64352 2018-27149 Major Disaster and Related Determinations: California, 64352-64353 2018-27153 Major Disaster Declaration: California; Amendment No. 1, 64351 2018-27152 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 64343-64344 2018-27113 Fish Fish and Wildlife Service NOTICES Requests for Nominations:

International Wildlife Conservation Council, 64353 2018-27159 Food and Drug Food and Drug Administration PROPOSED RULES Supplemental Applications Proposing Labeling Changes for Approved Drugs and Biological Products; Withdrawal, 64299-64302 2018-27098 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health PROPOSED RULES Request for Information on Modifying HIPAA Rules To Improve Coordinated Care, 64302-64310 2018-27162 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Streamlining Warranty Requirements for Federal Housing Administration Single-Family Mortgage Insurance:

Removal of the Ten-Year Protection Plan Requirements, 64269-64272 2018-27116 Industry Industry and Security Bureau PROPOSED RULES Review of Controls for Certain Emerging Technologies, 64299 2018-27148 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Corrosion-Resistant Steel Products From India, 64326-64327 2018-27122 Certain Polyester Staple Fiber From the People's Republic of China, 64330-64331 2018-27121 Diamond Sawblades and Parts Thereof From the People's Republic of China, 64331-64332 2018-27123 Diffusion-Annealed, Nickel-Plated, Flat-Rolled Steel Products From Japan, 64327-64329 2018-27120 Pasta From Italy, 64329-64330 2018-27119 International Trade Com International Trade Commission NOTICES Complaints:

Certain Dental and Orthodontic Scanners and Software, 64358-64359 2018-27087 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof, 64356-64357 2018-27071 Hydrofluorocarbon Blends and Components From China, 64357-64358 2018-27088 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64367-64368 2018-27056 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Reporting Requirement for Manufacturers of Listed Chemicals, 64366-64367 2018-27058 Application for Import Quota for Ephedrine, Pseudoephedrine, and Phenylpropanolamine; DEA Form 488, 64367 2018-27061 Application for Individual Manufacturing Quota for a Basic Class of Controlled Substance and for Ephedrine, Pseudoephedrine, and Phenylpropanolamine, 64369-64370 2018-27057 Application for Procurement Quota for Controlled Substance and for Ephedrine, Pseudoephedrine, and Phenylpropanolamine, 64365-64366 2018-27059 Application for Registration Under Domestic Chemical Diversion Control Act, Renewal Application for Registration Under Domestic Chemical Diversion Control Act, 64368-64369 2018-27060 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: the Riley Ridge to Natrona Project, Wyoming, 64354-64355 2018-27154 Plats of Survey: Montana, 64353-64354 2018-27066 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 64347-64348 2018-27145 International Research Fellowship Award Program, 64348-64349 2018-27107 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Atlantic Mackerel, Squid, and Butterfish; Amendment 20, 64257-64269 2018-27067 Fisheries Off West Coast States: Pacific Coast Groundfish Fishery; Groundfish Bottom Trawl and Midwater Trawl Gear in the Trawl Rationalization Program, 64293 C1--2018--26194 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64372-64373 2018-27095 Meetings; Sunshine Act, 64371-64372 2018-27268 2018-27269 Requests for Information:

National Strategic Overview for Quantum Information Science, 64372 2018-27151 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Requests to Agreement States for Information, 64373-64374 2018-27164 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Charter Renewals: Maritime Advisory Committee for Occupational Safety and Health, 64371 2018-27109 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Outer Continental Shelf, Alaska Region, Beaufort Sea Program Area, Proposed 2019 Beaufort Sea Oil and Gas Lease Sale, 64355-64356 2018-27176 Pension Benefit Pension Benefit Guaranty Corporation RULES Allocation of Assets in Single-Employer Plans: Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 64280-64282 2018-26849 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials:

Applications for Special Permits, 64427-64430 2018-27110 2018-27111 2018-27112 Postal Regulatory Postal Regulatory Commission NOTICES Inbound Parcel Post (at UPU Rates), 64374 2018-27163 Rural Utilities Rural Utilities Service NOTICES Broadband Pilot Program, 64315-64325 2018-27038 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64380-64384, 64388-64389, 64421 2018-27091 2018-27092 2018-27093 2018-27094 2018-27089 2018-27090 Applications:

Pacific Global ETF Trust and Cadence Capital Management LLC, 64389-64391 2018-27128 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 64397-64401 2018-27085 Cboe EDGX Exchange, Inc., 64384-64388 2018-27086 Fixed Income Clearing Corp., 64415-64417 2018-27079 Nasdaq PHLX, LLC, 64417-64419 2018-27075 National Securities Clearing Corp., 64374-64380, 64393-64397 2018-27080 2018-27081 New York Stock Exchange, LLC, 64391-64393, 64412-64415 2018-27076 2018-27077 2018-27084 NYSE Arca, Inc., 64381, 64419-64421 2018-27082 2018-27083 The Depository Trust Co., 64401-64412 2018-27078 Small Business Small Business Administration NOTICES Disaster Declarations:

Maryland, 64421-64422 2018-27117 Territory of Guam, 64421 2018-27118 Social Social Security Administration NOTICES Review and Reassessment of the Social Security Administration's Representative Payee Selection and Replacement Policies, 64422-64423 2018-27051 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Consular Report of Birth Abroad of a Citizen of the United States of America, 64424-64425 2018-27100 Application Under the Hague Convention on the Civil Aspects of International Child Abduction, 64424 2018-27103 Surface Transportation Surface Transportation Board NOTICES Acquisition Exemptions:

Alcoa Energy Services, Inc. From Rockdale, Sandow and Southern Railroad Co., 64425-64426 2018-27099 Lease Exemptions Containing Interchange Commitments: Middletown and New Jersey Railroad, LLC; Norfolk Southern Railway Co., 64425 2018-27158 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Privacy Act; Systems of Records, 64430 2018-27106 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See United States Mint U.S.

Mint United States Mint NOTICES Establish Pricing for 2018 United States Mint American Innovation Products, 64430-64431 2018-27069 Veteran Affairs Veterans Affairs Department NOTICES Environmental Impact Statements; Availability, etc.: West Los Angeles Medical Center Campus Draft Master Plan, 64431-64432 2018-27126 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 83 240 Friday, December 14, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 93 [Docket No. APHIS-2016-0050] RIN 0579-AE38 Branding Requirements for Bovines Imported Into the United States From Mexico AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the regulations regarding the branding of bovines imported into the United States from Mexico. We are taking this action at the request of the Government of Mexico to address issues that have arisen with the branding requirement for these bovines. These changes will help prevent inconsistencies in branding that can result in bovines being rejected for import into the United States. DATES:

Effective January 14, 2019. FOR FURTHER INFORMATION CONTACT: Dr. Betzaida Lopez, Senior Staff Veterinarian, National Import Export Services, Policy, Permitting, and Regulatory Services, VS, APHIS, 4700 River Road, Unit 39, Riverdale, MD 20737-1231;

(301)851-3300. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR part 93 prohibit or restrict the importation of certain animals, birds, and poultry into the United States to prevent the introduction of communicable diseases of livestock and poultry. Subpart D of part 93 (§§ 93.400 through 93.436, referred to below as the regulations) governs the importation of ruminants; within subpart D, § 93.427 specifically addresses the importation of cattle and other bovines from Mexico into the United States. On April 12, 2018, we published in the **Federal Register** (83 FR 15756-15758, Docket No. APHIS-2016-0050) a proposal 1 to amend the regulations by changing the branding requirements for steers and spayed heifers from Mexico and the branding option for sexually intact bovines from Mexico. At present, cattle from Mexico carry at least two forms of identification, generally a brand and an approved eartag. Cattle imported from Mexico for other than immediate slaughter are required to be branded with an “M” for steers, an “Mx” for spayed heifers, and an “MX” brand or tattoo for breeding bovines. This rule will change the requirements to increase the size of the brands, simplify them to a simple “M,” and move the brands for sexually intact bovines to the right shoulder of the animal. These changes will help reduce or eliminate branding errors, which in turn would reduce the need for rebranding and the incidence of cattle rejections at port-of-entry inspection. The changes to the description of the placement of the brand for steers and spayed heifers clarifies the requirement by making the description more specific. 1 To view the proposed rule, supplementary document, and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0050.* We solicited comments concerning our proposal for 60 days ending June 11, 2018. We received 12 comments by that date. They were from veterinary and animal welfare organizations, agriculture and trade associations, and private citizens. Six of the commenters supported the rule as proposed. The remaining commenters asked questions or expressed concerns about the rule. The questions and concerns are discussed below. One commenter suggested adding a visible, legible, and unequivocal name to the branding requirements for bovines in § 93.427(e)(3). The commenter stated that this would ensure consistency and uniformity of the brands. It is not clear which name the commenter thinks should be added to the brand; however, we do not agree that adding a name to the brand would ensure consistency and uniformity. The larger size and revised placement of the brands will provide visual identification of the animals' origin. Furthermore, these animals will be bearing official ear tags that will aid in tracing the animals back to their farm of origin in the event that any of them are found to be affected with a disease of concern. One commenter stated that people may have the same brands and locations registered in States that maintain a brand registry. The commenter expressed concern that changing the brand requirements for cattle imported from Mexico could result in confusion and disputes. It was not clear from the comment if the concern was about changes to the brand for feeder and slaughter cattle or for sexually intact cattle. The Animal and Plant Health Inspection Service (APHIS) notes that the regulations currently require an “M” brand on the right hip for steers imported from Mexico. There have been no issues with the current requirements. If the commenter's concern is with sexually intact cattle, APHIS notes that less than 1 percent of cattle imported into the United States are sexually intact animals from Mexico. The likelihood that the change to the branding requirements for such a small number of cattle will result in confusion is low. Furthermore, the option to identify sexually intact cattle from Mexico with an ear tattoo remains available. We are making no changes to the rule in response to this comment. Three commenters recommended that APHIS prioritize the development of alternatives to hot-iron branding. Two of the commenters specifically mentioned electronic animal identification as an alternative to branding. Another commenter stated that while they strongly support the use of electronic eartags and the sharing of electronic information between the United States and Mexico for purposes of animal disease traceability, they also supported the retention of branding as the only permanent method of identification. The commenter stated that eartags are easily removed or lost and a permanent form of identification is necessary to protect the health of the U.S. herd. APHIS actively monitors advances in animal identification. However, as the one commenter noted, eartags may be lost and are readily removable, and cannot be considered a permanent form of identification. For this reason we require permanent identification such as a brand or tattoo for imported live bovines. This permanent identification allows APHIS to trace an animal back to the country of origin in the event that the animal shows symptoms of a disease. A group of three industry organizations expressed concern that the proposed movement of the M brand from the hip to the shoulder for imported breeding cattle and the increased size of the brand would result in lower value for such hides when used for leather. The commenters stated that they would prefer to see the identification requirements for imported breeding cattle be the same as the requirements for feeder cattle, and for cattle imported from Mexico to have the same requirements as cattle imported from Canada. We agree with the commenters that harmonizing animal identification requirements is desirable. However, because of the risk of introducing brucellosis into the United States, all Mexican feeder cattle are spayed or neutered before being exported to the United States. Sexually intact cattle (that is, breeding animals) are quarantined and tested for bovine tuberculosis and brucellosis at the border. We need to differentiate between breeding and non-breeding cattle imported from Mexico not only at the ports so we may quarantine and test them accordingly, but also through the life of the animal. For example, if an animal identified as a spayed heifer calves, we know that Mexico's spaying procedures have not been followed and we may have to consider changes to the import requirements to safeguard against the introduction of brucellosis from Mexico. With respect to the larger brands potentially reducing the value of the hides, we anticipate that the new requirements will reduce the likelihood of blotching and therefore the need for rebranding, which also reduces the value of the hides. As we noted above, sexually intact cattle from Mexico represent a very small percentage of cattle imported into the United States from Mexico, so the number of hides affected by the change to a shoulder brand should not be great. Ear tattoos are also still an option for sexually intact cattle. One commenter stated that the rule should not characterize hot-iron branding as humane because branding causes pain and distress. The commenter cited both veterinary medical research and international standards in support of their statement. The proposed rule was referring to the regulations in § 93.427(e)(3), which call for sexually intact bovines to be permanently and humanely identified. We note that those regulations provide for the use of tattoos, freeze brands, and other methods in addition to hot iron branding. One commenter stated that the rule should specifically identify tattooing as an acceptable alternative. The commenter stated that § 93.427(e)(3) currently provides for the use of tattoos for sexually intact bovines and asked why tattooing is specifically cited as an acceptable method of control for bovine spongiform encephalopathy (BSE), but not for tuberculosis. The commenter further stated that because a tattoo inside the ear is not visible from a distance, it is assumed that the ability to read without close examination is not a criterion for acceptable identification techniques. The commenter is correct that tattooing continues to be an option for sexually intact cattle from Mexico. However, we do not consider tattooing a method of control for BSE; instead, it is a means of identifying non-U.S.-origin cattle that are likely to remain in the population for years. Breeding cattle are usually higher-value animals, and therefore we have always provided the option of tattooing them. In addition, the number of imports of breeding cattle is so small that traceback would be relatively easy in the event that one of these animals was diagnosed with a disease. In contrast, the number of feeder cattle imported into the United States is very large. For these animals, the brand serves not only as identification of to prevent commingling with U.S.-origin cattle as required by some States, but also differentiates these animals from breeding animals. This is important, as we explained above, to ensure that Mexico's spaying procedures are being followed and to safeguard against the introduction of brucellosis from Mexico. One commenter stated that until branding is replaced as an identification method, APHIS should investigate pain control measures, such as analgesics or anti-inflammatories, and to require relief from the pain associated with hot iron branding. Requiring the use of pain control measures in association with hot-iron branding is outside the scope of APHIS' regulatory authority. We are making no changes in response to this comment. 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 Orders 12866 and 13771 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. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. Further, APHIS considers this rule to be a deregulatory action under Executive Order 13771 as the action may result in cost savings. In accordance with guidance on complying with Executive Order 13771, the primary estimate of the cost savings (net social welfare gain) for this rule is $181,300. This value is the mid-point estimate of cost savings annualized in perpetuity using a 7 percent discount rate. 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* website (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 will amend the regulations in 9 CFR part 93 to change the identification requirements for bovines imported from Mexico. At present, cattle from Mexico carry at least two forms of identification, generally a brand and an approved eartag. Cattle imported from Mexico for other than immediate slaughter are required to be branded with an “M” for steers, an “Mx” for spayed heifers, and an “MX” brand or tattoo for breeding bovines. With this rule all bovines imported from Mexico will be branded with a single “M” to avoid branding errors. In order to distinguish between feeder and breeding cattle, the brand for steers and spayed heifers will be placed on the back hip and the brand for breeding cattle will be placed on the shoulder. Cattle imported from Mexico will still require an approved eartag. The new identification requirements will reduce if not eliminate branding errors, reducing the need for rebranding and the incidence of cattle rejections at port-of-entry inspection. Revenue from hides accounts for about 75 percent of the byproduct-value of beef cattle. Damage from rebranding can reduce hide value. Also, re-inspection due to branding errors increases transaction costs. Currently, a $4 inspection fee per head is billed to the broker who in turn charges the exporter. The single “M” brand will both minimize hide damage and the need for re-inspections. Because the approved eartag is a current requirement, we do not anticipate any additional costs would be incurred. Entities that may be impacted by the rule fall into various categories of the North American Industry Classification System. The majority of these businesses are small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR chapter IV.) 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 in conflict 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. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the burden requirements included in this rule have been approved by the Office of Management and Budget

(OMB)under OMB control number 0579-0040. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the E-Government Act to promote the use of the internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this rule, please contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at

(301)851-2483. List of Subjects in Part 93 Animal diseases, Imports, Livestock, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR part 93 as follows: PART 93—IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS 1. The authority citation for part 93 continues to read as follows: Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. 2. Section 93.427 is amended by revising paragraphs (c)(1) and (e)(3)(i) to read as follows: § 93.427 Cattle and other bovines from Mexico.

(c)* * *

(1)Each steer or spayed heifer imported into the United States from Mexico shall be identified with a distinct, permanent, and legible “M” mark applied with a freeze brand, hot iron, or other method prior to arrival at a port of entry, unless the steer or spayed heifer is imported for slaughter in accordance with § 93.429. The “M” mark shall be between 3 inches (7.5 cm) and 5 inches (12.5 cm) high and wide, and shall be applied to each animal's right hip, within 4 inches (10 cm) of the midline of the tailhead (that is, the top of the brand should be within 4 inches (10 cm) of the midline of the tailhead, and placed above the hook and pin bones). The brand should also be within 18 inches (45.7 cm) of the anus.

(e)* * *

(3)* * *

(i)An “M” mark properly applied with a freeze brand, hot iron, or other method, and easily visible on the live animal and on the carcass before skinning. Such a mark must be between 3 inches (7.5 cm) and 5 inches (12.5 cm) high and wide, and must be applied to the upper right front shoulder of each animal; or Done in Washington, DC, this 10th day of December 2018. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2018-27150 Filed 12-13-18; 8:45 am]

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