13504 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Rules and Regulations 

1 In December 2010, the NCUA Board issued a 

final rule that, in part, reorganized part 708a into 

subparts A through C and redesignated the existing 

section numbers in subpart A as §§ 708a.101 

through 708a.113. 75 FR 81378 (Dec. 28, 2010). As 

reorganized, subpart A applies to conversions of 

federally-insured credit unions to MSBs and former 

§ 708a.1 is now numbered § 708a.101. That final 

rule became effective on January 27, 2011. 

methionine in organic poultry 

production. One comment did not 

express an opinion pertinent to the 

specifics of the amendment. The few 

comments opposing the extension of the 

allowance for synthetic methionine 

stated that use of the substance was 

incompatible with the regulatory 

definition of ‘‘organic production.’’ 

Another comment objecting to 

extending the allowance questioned 

whether OFPA sanctions the use of a 

synthetic amino acid. This comment 

also cited natural alternatives to 

synthetic methionine and suggested that 

the continued allowance of synthetic 

methionine continues to delay the 

commercial development of alternatives 

to the synthetic form. 

In developing their recommendation 

on the continued allowance for 

synthetic methionine on the National 

List, the NOSB reviewed the substance 

against the evaluation criteria of 7 

U.S.C. 6517 and 6518 of the OFPA. The 

NOSB recommended that, after October 

1, 2012, the annotation for methionine 

be amended to reduce the maximum 

amount of the substance allowed and 

establish October 1, 2015, as the 

expiration date. The NOSB’s intent is 

that a step down in the levels allowed 

after October 1, 2012, will stimulate 

further market development of natural 

alternatives and drive management 

changes in the organic poultry industry. 

We plan to address this step down 

through a future rulemaking action. We 

believe that the current amendment 

should remain as codified in the interim 

rule. At this time, the record supports 

the rationale of the NOSB that synthetic 

methionine remains critical in organic 

poultry production and that its removal 

from the National List would have 

significant adverse impacts on the 

industry. 

Two comments maintained that 

adequate wholly natural sources of 

methionine are in fact available and 

suggested that these alternatives should 

be sufficient for organic poultry 

production. The NOSB considered the 

availability of such alternatives in 

development of their recommendation 

and, based upon the public comment 

received, determined that alternatives 

are not available in sufficient quantities 

to meet the needs of the organic poultry 

industry. We concur with the NOSB’s 

finding and, therefore, disagree with the 

comments suggesting that there are 

presently viable alternatives to justify 

removal of synthetic methionine from 

the National List. 

After full consideration of these 

comments, we have determined that the 

record supports retaining the provisions 

in the interim rule to extend the use of 

synthetic methionine in organic poultry 

production until October 1, 2012, at the 

following maximum levels of synthetic 

methionine per ton of feed: laying 

chickens—4 pounds; broiler chickens— 

5 pounds; turkeys and all other 

poultry—6 pounds. This provision 

remains consistent with the NOSB’s 

April 29, 2010 recommendation. 

List of Subjects in 7 CFR Part 205 

Administrative practice and 

procedure, Agriculture, Animals, 

Archives and records, Imports, Labeling, 

Organically produced products, Plants, 

Reporting and recordkeeping 

requirements, Seals and insignia, Soil 

conservation. 

PART 205—NATIONAL ORGANIC 

PROGRAM 

Accordingly, the interim rule 

amending 7 CFR part 205, subpart G 

published at 75 FR 51919 on August 24, 

2010, is adopted as a final rule without 

change. 

Dated: March 4, 2011. 

David R. Shipman, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2011–5716 Filed 3–11–11; 8:45 am] 

BILLING CODE 3410–02–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Parts 708a and 708b 

RIN 3133–AD84; 3133–AD85 

Conversions of Insured Credit Unions 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Final rule. 

SUMMARY: NCUA is confirming as final 

a December 23, 2010, interim final rule 

on the definition of the phrase ‘‘Regional 

Director’’ in NCUA’s rule on credit 

union to mutual savings bank 

conversions. For clarification purposes, 

this rule modifies the aforementioned 

definition. 

DATES: This rule is effective March 14, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Lussier, Staff Attorney, 

Office of General Counsel, National 

Credit Union Administration, 1775 

Duke Street, Alexandria, VA 22314– 

3428, or telephone (703) 518–6540. 

SUPPLEMENTARY INFORMATION: 

Background 

In 2009, the NCUA Board created the 

NCUA Office of Consumer Protection 

(OCP) to become operational on January 

1, 2010. NCUA is in the process of 

moving responsibility for the review 

and approval of certain types of credit 

union conversions from the Regional 

Directors to the Director of the OCP, 

including credit union conversions to 

mutual savings banks or mutual savings 

associations (MSBs) in 12 CFR part 708a 

and the conversion from National Credit 

Union Share Insurance Fund (NCUSIF) 

share insurance to nonfederal share 

insurance in 12 CFR part 708b. To 

accommodate this reassignment of staff 

functions, the NCUA Board issued an 

interim final rule in December 2010, 

adding the Director of the OCP to the 

definition of the phrase ‘‘Regional 

Director’’ in part 708a and adding a new 

definition of the phrase ‘‘Regional 

Director’’ to part 708b that mirrors the 

revised definition in part 708a. 75 FR 

80678 (Dec. 23, 2010). 

NCUA received one comment letter 

that supported inclusion of the Director 

of the OCP in the definition of ‘‘Regional 

Director’’ in parts 708a and 708b. 

Final Rule 

The interim final rule instructed the 

Office of Federal Register (OFR) to 

amend § 708a.1 (now § 708a.101) 1 of 

part 708a by adding a definition of 

‘‘Regional Director’’ to include the 

Director of the OCP. The interim final 

rule, however, should have instructed 

the OFR that § 708a.1 (now § 708a.101) 

be amended not by adding a new 

definition but rather by revising the 

existing definition of ‘‘Regional 

Director.’’ This final rule confirms the 

December 23, 2010, interim rule as final 

and instructs the OFR that the existing 

definition of ‘‘Regional Director’’ in 

§ 708a.101 be revised to include the 

Director of the OCP. 

Immediate Effective Date 

NCUA is issuing this rulemaking as a 

final rule effective upon publication in 

the Federal Register. The 

Administrative Procedure Act (APA), 5 

U.S.C. 553, requires that a final rule 

must have a delayed effective date of 30 

days from the date of publication, 

except for good cause. In this regard, 

NCUA believes the 30-day delayed 

effective date is inapplicable because 

the amendments to parts 708a and 708b 

are not substantive but merely update 

the regulation to provide NCUA with 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Rules and Regulations 13505 

additional administrative flexibility. As 

such, the final rule is not subject to the 

30-day delayed effective date 

requirement. 

Regulatory Procedures 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires NCUA to prepare an analysis to 

describe any significant economic 

impact any regulation may have on a 

substantial number of small credit 

unions (those under $10 million in 

assets). 5 U.S.C. 603(a). Only a few 

credit unions convert in a given year. 

Accordingly, the NCUA Board certifies 

that the final rule will not have a 

significant economic impact on a 

substantial number of small credit 

unions, and, therefore, a regulatory 

flexibility analysis is not required. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) applies to rulemakings in which 

an agency by rule creates a new 

paperwork burden on regulated entities 

or modifies an existing burden. 44 

U.S.C. 3507(d). For purposes of the 

PRA, a paperwork burden may take the 

form of a reporting, recordkeeping, or 

disclosure requirement, each referred to 

as an information collection. The 

revised definition does not impose any 

new paperwork burden. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. In adherence to 

fundamental federalism principles, 

NCUA, an independent regulatory 

agency as defined in 44 U.S.C. 3502(5), 

voluntarily complies with the executive 

order. The final rule will not have 

substantial direct effects on the states, 

on the connection between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. NCUA has 

determined that this rule does not 

constitute a policy that has federalism 

implications for purposes of the 

executive order. 

The Treasury and General Government 

Appropriations Act, 1999—Assessment 

of Federal Regulations and Policies on 

Families 

NCUA has determined that the final 

rule will not affect family well-being 

within the meaning of section 654 of the 

Treasury and General Government 

Appropriations Act, 1999, Public Law 

105–277, 112 Stat. 2681 (1998). 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA), Public Law 104–121, 

provides generally for congressional 

review of agency rules. A reporting 

requirement is triggered in instances 

where NCUA issues a final rule as 

defined by section 551 of the 

Administrative Procedure Act, 5 U.S.C. 

551. The Office of Information and 

Regulatory Affairs of the Office of 

Management and Budget has 

determined that this final rule is not a 

major rule for purposes of SBREFA. 

List of Subjects 

12 CFR Part 708a 

Charter conversions, Credit unions. 

12 CFR Part 708b 

Credit unions, Mergers of credit 

unions, Reporting and recordkeeping 

requirements. 

By the National Credit Union 

Administration Board on March 7, 2011. 

Mary F. Rupp, 

Secretary of the Board. 

For the reasons stated in the 

preamble, the National Credit Union 

Administration confirms as final the 

interim rule, which amended 12 CFR 

parts 708a and 708b, and was published 

December 23, 2010, at 75 FR 80678, 

with the following changes: 

PART 708a—BANK CONVERSIONS 

AND MERGERS 

■ 1. The authority citation for part 708a 

continues to read as follows: 

Authority: 12 U.S.C. 1766, 1785(b), and 

1785(c). 

■ 2. In § 708a.101, revise the definition 

of regional director to read as follows: 

§ 708a.101 Definitions. 

* * * * * 

Regional director means either the 

director of the NCUA regional office for 

the region where a natural person credit 

union’s main office is located or the 

director of the NCUA’s Office of 

Consumer Protection. For corporate 

credit unions, regional director means 

the director of NCUA’s Office of 

Corporate Credit Unions. 

* * * * * 

[FR Doc. 2011–5675 Filed 3–11–11; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1030; Airspace 

Docket No. 10–AGL–18] 

Amendment of Class E Airspace; La 

Porte, IN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects errors in 

the geographic coordinates of a final 

rule published in the Federal Register 

February 1, 2011, that amends Class E 

airspace in the La Porte, IN area. 

DATES: Effective date 0901 UTC May 5, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On February 1, 2011, the FAA 

published in the Federal Register a final 

rule amending Class E airspace in the La 

Porte, IN area (76 FR 5471), Docket No. 

FAA–2010–1030. Subsequent to 

publication, errors were discovered in 

the geographic coordinates for the La 

Porte Hospital Heliport point in space 

and the La Porte NDB. This action 

corrects these coordinates. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9U dated August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

71.1. 

Correction to Final Rule 

Accordingly, pursuant to the 

authority delegated to me, on page 5472, 

column one, in the airspace description, 

under La Porte NDB, remove ‘‘lat. 

41°29′56′′ N., long. 86°46′17′′ W.’’, and 

insert ‘‘lat. 41°29′56′′ N., long. 86°46′16′′ 

W.’’. 

On page 5472, column one, in the 

regulatory text, remove ‘‘* * * and 

within a 6-mile radius of the La Porte 

Hospital point in space at lat. 41°29′56′′ 

N., long. 86°46′17′′ W.’’ and insert ‘‘and 

within a 6-mile radius of the La Porte 

Hospital point in space at lat. 41°36′11′′ 

N., long. 86°44′10′′ W.’’ 

WReier-Aviles on DSKGBLS3C1PROD with RULES