This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. 

# Rules and Regulations Federal Register 

### 70037

Vol. 76, No. 218

Thursday, November 10, 2011

1 To view the proposed rule, supporting documents, and the comments we received, go to http://www.regulations.gov/ #!docketDetail;D=APHIS-2009-0093. **OFFICE OF MANAGEMENT AND BUDGET** 

**5 CFR Chapter III**

**48 CFR Chapter 1**

**Federal Regulations; OMB Circulars, OFPP Policy Letters, and CASB Cost**  **Accounting Standards Included in the Semiannual Agenda of Federal**  **Activities; Withdrawal**

**AGENCY :**  Office of Management and Budget.

**ACTION :**  Withdrawal.

**SUMMARY :**  The Office of Management and Budget (OMB) is announcing the withdrawal of its semiannual agenda of upcoming activities for Federal regulations, OMB Circulars, Office of Federal Procurement Policy (OFPP) Policy Letters, and Cost Accounting Standards Board (CASB) Cost Accounting Standards.

**DATES :**  The withdrawal is effective October 14, 2011.

**FOR FURTHER INFORMATION CONTACT :**  See agency person listed for each entry in the agenda, c/o Office of Management and Budget, Washington, DC 20503. On the overall agenda, contact Kevin F. Neyland, (202) 395–5897, at the above address.

**SUPPLEMENTARY INFORMATION :**  In a document published in the Federal Register of September 29, 2011 (77 FR 60357), OMB published its semiannual regulatory agenda. That document is being withdrawn because the agenda was prematurely and improperly published.

Dated: October 11, 2011. Kevin F. Neyland, Deputy Administrator, Office of Information and Regulatory Affairs.
[FR Doc. 2011–27637 Filed 11–9–11; 8:45 am]

**BILLING CODE P DEPARTMENT OF AGRICULTURE** 

**Animal and Plant Health Inspection Service** 

**9 CFR Parts 93, 94, and 98**

**[Docket No. APHIS–2009–0093]**

**Importation of Live Swine, Swine Semen, Pork, and Pork Products From**  **Liechtenstein and Switzerland**

**AGENCY :**  Animal and Plant Health Inspection Service, USDA.

**ACTION :**  Final rule.

**SUMMARY :**  We are amending the regulations governing the importation of animals and animal products to add Liechtenstein and Switzerland to the region of Europe that we recognize as low risk for classical swine fever (CSF). We are also adding Liechtenstein to the list of regions we consider free from swine vesicular disease (SVD) and to thelist of regions considered free from footand-mouth disease (FMD) and rinderpest. These actions will relieve some restrictions on the importation into the United States of certain animals and animal products from those regions, while continuing to protect against the introduction of CSF, SVD, FMD, and rinderpest into the United States.

**DATES :**  Effective Date: November 25,
2011.

**FOR FURTHER INFORMATION CONTACT :**  Dr. Kelly Rhodes, Regionalization Evaluation Services, Import, Sanitary Trade Issues Team, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737; (301) 734–4356.

**SUPPLEMENTARY INFORMATION :**  Background

The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) regulates the importation of animals and animal products into the United States to guard against the introduction of animal diseases not currently present or prevalent in this country. The regulations in 9 CFR parts 93, 94 and 98 (referred to below as the regulations) prohibit or restrict the importation of specified animals and animal products to prevent the introduction into the United States of various animal diseases, including classical swine fever (CSF), swine vesicular disease (SVD), foot-and-mouth disease (FMD), and rinderpest. These are dangerous and destructive communicable diseases of ruminants and swine.

Sections 94.9 and 94.10 of the regulations list regions of the world that are declared free of or low-risk for CSF. Sections 94.24 and 98.38 specify restrictions necessary to mitigate the risk of introducing CSF into the United States via the importation of pork, pork products, live swine, and swine semen from the region of Europe that we recognize as low risk for CSF (currently, 19 Member States of the European Union (EU)). Section 94.12 of the regulations lists regions that are declared free of SVD. Section 94.13 of the regulations lists regions that have been determined to be free of SVD, but that are subject to certain restrictions because of their proximity to or trading relationships with SVD-affected regions. Section 94.1 of the regulations lists regions of the world that are declared free of rinderpest or free of both rinderpest and FMD. Section 94.11 of the regulations lists regions that have been determined to be free of rinderpest and FMD, but that are subject to certain restrictions because of their proximity toor trading relationships with rinderpestor FMD-affected regions.

On May 19, 2011, we published in the Federal Register (76 FR 28910–28913, Docket No. APHIS–2009–0093) a proposed rule 1 to add Liechtenstein and Switzerland to the region of Europe that we recognize as low risk for CSF and to add Liechtenstein to the lists of regions we consider free from SVD and from FMD and rinderpest.

We solicited comments concerning our proposal for 60 days ending July 18,
2011.

We received three comments by that date. They were from an individual and from two organizations representing pork producers. The comments are discussed below.

With respect to our proposal to add Switzerland to the region of Europe that we recognize as low risk for CSF, one commenter asked about Switzerland’s current practice regarding the feeding of catering waste to pigs in that country. If Switzerland allows this practice, the


### 70038 Federal Register / Vol. 76, No. 218 / Thursday, November 10, 2011 / Rules and Regulations

commenter wanted APHIS to explain its decision that the level of CSF risk in Switzerland is equivalent to, or less than, the CSF risk in that portion of the EU that APHIS currently recognizes as low risk for CSF. The commenter stated that the EU (which does not include Switzerland) bans the feeding of catering waste to farm animals other than fur animals to reduce disease risk to swine.

Dr. Lukas Perler, head of animal health, Swiss Federal Veterinary Office, has confirmed that Switzerland began enforcing a prohibition on feeding catering waste to pigs on July 1, 2011.

Two commenters noted that our CSF risk evaluations for Switzerland and Liechtenstein indicated those countries rely on passive surveillance and a small amount of serological surveillance in domestic swine and wild boar to detect an outbreak. One commenter urged APHIS to require Switzerland and Liechtenstein to implement and enforce an active surveillance program, to be verified by APHIS, before allowing the countries to export meat to the United States under conditions applicable to regions recognized as low risk for CSF. The other commenter wanted APHIS to explain its decision that the level of CSF risk in Switzerland and Liechtenstein is equivalent to, or less than, the CSF risk in that portion of the EU that APHIS currently recognizes as low risk for CSF, when Switzerland and Liechtenstein do not have a national surveillance plan for CSF that is equivalent to other EU countries or the United States.

Our risk assessment found no evidence that CSF virus currently exists in Switzerland or Liechtenstein and no immediate and significant risks associated with this hazard. The last CSF cases in Switzerland occurred in 1993 in domestic swine and 1999 in wild boar; Liechtenstein has never reported a CSF outbreak.

CSF infection in free-ranging wild boar is not an immediate concern for introduction of the disease into Switzerland or Liechtenstein, since the closest known infected population is located over 150 kilometers from the Swiss border, in Germany.

Switzerland and Liechtenstein have adopted import and trade regulations concerning live animals and animal products that are equivalent to the European Commission regulations that apply to all EU Member States. Consequently, the baseline risk of CSF introduction into Switzerland or Liechtenstein through import or trade is similar to that of an EU Member State.

Since Switzerland and Liechtenstein import very few live swine, require substantial veterinary oversight of the live swine that are imported, and essentially prohibit transit across either country, the risk of CSF introduction by this pathway is negligible.

Passive surveillance in wild boar is ongoing through hunter submissions. Hunters are required by law to report any wild boar found dead to an official veterinarian, who retrieves the carcass and submits it for pathology and CSF testing. Some cantons—including Ticino and the northern cantons of Zu

 ̈ rich, Basel, and Aargau—require CSF testing of all hunted wild boar.

The Swiss Veterinary Service is enhancing passive surveillance for CSF through training and outreach activities focused on producers and private veterinarians. The emergency responseplan includes provisions for CSFspecific training and outreach for veterinary professionals, animal keepers, the hunting community, and the general public.

In addition, Switzerland tests 700– 1,000 swine each year for CSF, primarily for import or export of domestic swine, or for boars entering artificial insemination centers.

We believe the level of surveillance for CSF is adequate and that the facts support our determination that level of CSF risk in Switzerland and Liechtenstein is equivalent to, or less than, the CSF risk in that portion of the EU that APHIS currently recognizes as low risk for CSF.

Finally, one commenter expressed general concern about the effect of imports on American farmers. The Office of the United States Trade Representative (USTR) calls trade critical to America’s prosperity—fueling economic growth, supporting good jobs at home, raising living standards, and helping Americans provide for their families with affordable goods and services. Both imports and exports contribute to the U.S. economy. While exports raise productivity and incomes, imports increase consumer choices and purchasing power. As provided by the Animal Health Protection Act, APHIS regulates the importation of animals and animal products only to the extent necessary to protect against the introduction of livestock diseases and pests that could harm U.S. agriculture. USDA places a high priority on removing unnecessary trade barriers on both imports and exports.

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.

Effective Date

This is a substantive rule that relieves restrictions and, pursuant to the provisions of 5 U.S.C. 553, may be made effective less than 30 days after publication in the Federal Register

. This rule adds Liechtenstein and Switzerland to the region of Europe that we recognize as low-risk for CSF. This rule also adds Liechtenstein to the list of regions we consider free from swine vesicular disease and to the list of regions we consider free from FMD and rinderpest. These changes will allow breeding swine, swine semen, and pork and pork products to be imported into the United States from these countries subject to certain conditions. We have determined that approximately 2 weeks are needed to ensure that APHIS and Department of Homeland Security, Bureau of Customs and Border Protection, personnel at ports of entry receive official notice of this change in the regulations. Therefore, the Administrator of the Animal and Plant Health Inspection Service has determined that this rule should be effective 15 days after publication in the Federal Register

. Executive Order 12866 and Regulatory Flexibility Act

This final rule is subject to Executive Order 12866. However, for this action, the Office of Management and Budget has waived its review under Executive Order 12866.

In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. Copies of the full analysis are available by contacting the person listed under **FOR FURTHER**
**INFORMATION CONTACT** or on the Regulations.gov Web site (see footnote 1 above for instructions for accessing Regulations.gov).

Our analysis identifies U.S. swine producers as the small entities potentially affected by the provisions of the rule, but also notes that Switzerland and Liechtenstein have, historically, exported a minimal amount of swine or swine products.

Under these circumstances, the Administrator of the Animal and Plant Health Service has determined that this action will not have a significant economic impact on a substantial number of small entities.

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: (1) Preempts all State and local laws and regulations that are inconsistent with this rule; (2) has no retroactive effect; and (3) does not require administrative proceedings before parties may file suit in court challenging this rule.


### 70039 Federal Register / Vol. 76, No. 218 / Thursday, November 10, 2011 / Rules and Regulations

Paperwork Reduction Act

This final rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. ).
List of Subjects

9 CFR Part 93

Animal diseases, Imports, Livestock, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 94

Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 98

Animal diseases, Imports. Accordingly, we are amending 9 CFR parts 93, 94, and 98 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. In § 93.500, the definition of APHIS-defined EU CSF region is removed and a definition of APHISdefined European CSF region is added, in alphabetical order, to read as follows:

**§ 93.500 Definitions.**

* * * * *

APHIS-defined European CSF region. The regions of Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Republic of Ireland, Spain, Sweden, Switzerland, and the United Kingdom (England, Scotland, Wales, the Isle of Man, and Northern Ireland).

* * * * *

**§ 93.505 [Amended]**

3. In § 93.505, paragraph (a), the words ‘‘APHIS-defined EU CSF region’’are removed and the words ‘‘APHISdefined European CSF region’’ are added in their place. **PART 94—RINDERPEST, FOOT-AND MOUTH DISEASE, EXOTIC**  **NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE**  **FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM**  **ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS** 

■ 4. The authority citation for part 94 continues to read as follows:

Authority: 7 U.S.C. 450, 7701–7772, 7781– 7786, and 8301–8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.4.

■ 5. In § 94.0, the definition of APHISdefined EU CSF region is removed and a definition of APHIS-defined European CSF region is added, in alphabetical order, to read as follows:

**§ 94.0 Definitions.**
* * * * *

APHIS-defined European CSF region. The regions of Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Republic of Ireland, Spain, Sweden, Switzerland, and the United Kingdom (England, Scotland, Wales, the Isle of Man, and Northern Ireland).

* * * * *

**§ 94.1 [Amended]**

■ 6. In § 94.1, paragraph (a)(2) is amended by adding the word ‘‘Liechtenstein,’’ immediately after the word ‘‘Latvia,’’.

**§ 94.9 [Amended]**

■ 7. In § 94.9, paragraphs (b) and (c)introductory text, the words ‘‘APHISdefined EU CSF region’’ are removed each time they appear and the words ‘‘APHIS-defined European CSF region’’ are added in their place.

**§ 94.10 [Amended]**

■ 8. In § 94.10, paragraphs (b) and (c), the words ‘‘APHIS-defined EU CSF region’’ are removed each time they appear and the words ‘‘APHIS-defined European CSF region’’ are added in their place.

**§ 94.11 [Amended]**

■ 9. In § 94.11, paragraph (a) is amended by adding the word ‘‘Liechtenstein,’’ immediately after the word ‘‘Latvia,’’.

**§ 94.12 [Amended]**

■ 10. In § 94.12, paragraph (a) is amended by adding the word ‘‘Liechtenstein,’’ immediately after the word ‘‘Latvia,’’. **§ 94.13 [Amended]**

■ 11. In § 94.13, in the introductory text, the first sentence is amended by adding the word ‘‘Liechtenstein,’’ immediately after the word ‘‘Latvia,’’.

**§ 94.24 [Amended]**

■ 12. Section 94.24 is amended as follows:

■ a. In the section heading, by removing the words ‘‘APHIS-defined EU CSFregion’’ and adding the words ‘‘APHISdefined European CSF region’’ in their place.

■ b. In paragraph (a) introductory text and paragraph (a)(1)(i), by removing the words ‘‘APHIS-defined EU CSF region’’ each time they appear and adding the words ‘‘APHIS-defined European CSF region’’ in their place.

■ c. In paragraphs (a)(1)(ii) and (a)(1)(iii), by removing the words ‘‘APHIS-defined EU CSF region’’ each time they appear and adding the words ‘‘APHIS-defined European CSF region’’ in their place, and by removing the words ‘‘of the Member State’’ each time they appear.

■ d. In paragraph (a)(5), by removing the words ‘‘of the APHIS-defined EU CSF region Member State’’.

■ e. In paragraph (b) introductory text and paragraph (b)(2)(i), by removing the words ‘‘APHIS-defined EU CSF region’’ each time they appear and adding the words ‘‘APHIS-defined European CSF region’’ in their place.

■ f. In paragraph (b)(2)(ii) and (b)(2)(iii),by removing the words ‘‘the APHISdefined EU CSF region’’ each time they appear and adding the words ‘‘the APHIS-defined European CSF region’’ in their place, and by removing the words ‘‘of the Member State’’ each time they appear.

■ g. In paragraph (b)(6), by removing the words ‘‘of the APHIS-defined EU CSF region Member State’’.

**PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL**  **SEMEN**

■ 13. The authority citation for part 98 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.

■ 14. In § 98.30, the definition of APHIS-defined EU CSF region is removed and a definition of APHISdefined European CSF region is added, in alphabetical order, to read as follows:

**§ 98.30 Definitions.**
* * * * *

APHIS-defined European CSF region. The regions of Austria, Belgium, the


### 70040 Federal Register / Vol. 76, No. 218 / Thursday, November 10, 2011 / Rules and Regulations

Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Republic of Ireland, Spain, Sweden, Switzerland, and the United Kingdom (England, Scotland, Wales, the Isle of Man, and Northern Ireland).

* * * * *

**§ 98.38 [Amended]**

■ 15. Section 98.38 is amended as follows:

■ a. In the section heading, by removing the words ‘‘APHIS-defined EU CSFregion’’ and adding the words ‘‘APHISdefined European CSF region’’ in their place.

■ b. In the introductory text, by removing the words ‘‘APHIS-defined EU CSF region’’ and adding the words ‘‘APHIS-defined European CSF region’’ in their place.

■ c. In paragraph (a), by removing the words ‘‘of the APHIS-defined EU CSF region Member State’’.

■ d. In paragraph (b)(1), by removing the words ‘‘APHIS-defined EU CSF region’’ and adding the words ‘‘APHIS-defined European CSF region’’ in their place.

■ e. In paragraphs (b)(2) and (b)(3), by removing the words ‘‘APHIS-defined EU CSF region’’ each time they appear and adding the words ‘‘APHIS-defined European CSF region’’ in their place, and by removing the words ‘‘of the Member State’’ each time they appear.

■ f. In paragraph (i), by removing the words ‘‘of the APHIS-defined EU CSF region Member State’’.

Done in Washington, DC, this 4th day of November 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011–29133 Filed 11–9–11; 8:45 am]

**BILLING CODE 3410–34–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2011–0716; Directorate Identifier 2011–NM–013–AD; Amendment**  **39–16858; AD 2011–23–07]**

**RIN 2120–AA64**

**Airworthiness Directives; Gulfstream Aerospace LP (Type Certificate**  **Previously Held by Israel Aircraft Industries, Ltd.) Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), Department of Transportation (DOT).

**ACTION :**  Final rule. **SUMMARY :**  We are adopting a new airworthiness directive (AD) for certain Gulfstream Aerospace LP (type certificate previously held by Israel Aircraft Industries, Ltd.) Model Galaxy and Gulfstream G150 airplanes; and Gulfstream Aerospace LP Model Gulfstream 200 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

A broken aileron servo actuator centering spring rod was discovered on a model G100 aircraft during a routine scheduled maintenance inspection. * * * This latent failure of a centering spring rod, if not detected and corrected, in conjunction with the disconnection of the normal mechanical control system of the same servo actuator would lead to loss [of] control of the flight control surface [aileron or elevator]. This condition would reduce the control capability of the airplane and imposes a higher workload on the flight crew reducing their ability to cope with adverse operating conditions. We are issuing this AD to require actions to correct the unsafe condition on these products.

**DATES :**  This AD becomes effective December 15, 2011.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 15, 2011.

**ADDRESSES :**  You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC.

**FOR FURTHER INFORMATION CONTACT :**  Mike Borfitz, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone (425) 227–2677; fax (425) 227–1149.

**SUPPLEMENTARY INFORMATION :** 

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on July 14, 2011 (76 FR 41432). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

A broken aileron servo actuator centering spring rod was discovered on a model G100 aircraft during a routine scheduled maintenance inspection. This centering spring rod is common to all Gulfstream Mid Cabin model (G100, G150 and G200) aileron control servo actuators and the G200 elevator control servo actuator too. The function of the centering spring rod is to maintain the affected servo actuator and its associated flight control surface in a centered position in the event of a disconnect of the normal mechanical control system input from the flight crew to the same servo actuator. This latent failure of a centering spring rod, if not detected and corrected, in conjunction with the disconnection of the normal mechanical control system of the same servo actuator would lead to loss [of] control of the flight control surface/aileron. This condition would reduce the control capability of the airplane and imposes a higher workload on the flight crew reducing their ability to cope with adverse operating conditions. The required actions include a detailed inspection of the servo actuator centering spring rods for the aileron and elevator to detect fractured or broken rods, and replacing the rods if necessary. You may obtain further information by examining the MCAI in the AD docket.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (July 14, 2011 (76 FR 41432)) or on the determination of the cost to the public.

Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.

We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance

We estimate that this AD will affect about 200 products of U.S. registry. We also estimate that it will take about 19 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the