34784 Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Rules and Regulations 

1To view the interim rule and the comments we 

received, go to http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2006-0074. 

2Studies we reviewed included Infectious and 

Lethal Doses of H5N1 Highly Pathogenic Avian 

Influenza Virus for House Sparrows (Passer 

Domesticus) and Rock Pigeons (Columbia Livia) 

J VET Diagn Invest July 2009 21: 437–445; and 

Pathogenesis and pathobiology of avian influenza 

virus infection in birds, M.J. Pantin-Jackwood and 

D.E. Swayne, Southeast Poultry Research 

Laboratory, Agricultural Research Service, USDA, 

Athens, GA 30605. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2006-0074. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2006–0074, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2006-0074 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Javier Vargas, Case Manager, National 

Center for Import and Export, Animal 

Health Policy and Programs, VS, APHIS, 

4700 River Road, Unit 38, Riverdale, 

MD 20737; (301) 851–3300. 

SUPPLEMENTARY INFORMATION: 

Background 

The Animal and Plant Health 

Inspection Service (APHIS) regulations 

in Title 9 of the Code of Federal 

Regulations (CFR), parts 93, 94, and 95 

(referred to below as the regulations), 

govern the importation into the United 

States of specified animals and animal 

products and byproducts to prevent the 

introduction of various animal diseases, 

including Newcastle disease and highly 

pathogenic avian influenza (HPAI). 

On January 24, 2011, we published in 

the Federal Register (76 FR 4046–4056, 

Docket No. APHIS–2006–0074) an 

interim rule 1 that amended the 

regulations governing the importation 

into the United States of live birds, 

poultry, eggs for hatching, and bird and 

poultry products and by-products. The 

interim rule was effective upon 

publication. 

Comments on the interim rule were 

required to be received on or before 

March 25, 2011. In a document 

published in the Federal Register on 

May 3, 2011 (76 FR 24793, Docket No. 

APHIS–2006–0074), we reopened the 

comment period for an additional 15 

days until May 18, 2011, to allow 

interested persons additional time to 

prepare and submit comments. We 

received 16 comments by that date. 

We are once again reopening the 

comment period for the interim rule and 

are soliciting public comment on a 

change we are considering to the 

provisions of the January 2011 interim 

rule. 

Specifically, the interim rule 

amended §§ 93.101(b) and 93.205(a) to 

prohibit the importation into the United 

States of live birds or poultry that have 

been moved through a region identified 

in accordance with § 94.6(a) as a region 

where any form of HPAI exists. We took 

this action to minimize the risk of 

introducing HPAI into the United States 

through the importation of infected 

avians. However, several peer-reviewed 

scientific studies 2 have come to our 

attention since the publication of the 

interim rule establishing that pigeons 

(and other Columbiform species such as 

doves) have a very low risk of being 

infected by HPAI viruses and would 

therefore contribute little to the risk of 

transmission and spread of such viruses. 

Thus, it appears that it may not be 

necessary to prohibit the importation of 

Columbiform avians from HPAI regions 

provided that all other requirements in 

the regulations pertaining to pigeons, 

doves, and other poultry are followed. 

Under § 93.209 of the current 

regulations, poultry, including 

Columbiform avians, offered for 

importation from any region of the 

world except Canada are required to be 

quarantined in an approved facility for 

at least 30 days after importation into 

the United States to determine, through 

inspections and testing, their freedom 

from communicable diseases of poultry 

and from exposure to such diseases. We 

further require in § 93.205(a) 

certification that live poultry, including 

Columbiform avians (except those from 

Canada), were inspected on the 

premises of origin immediately before 

the date of movement from such region 

and that they were then found to be free 

of evidence of communicable diseases 

of poultry. We also require that, as far 

as it has been possible to determine, 

during the 90 days prior to movement 

the poultry were not exposed to 

communicable diseases of poultry and 

the premises were not in any area under 

quarantine. Columbiform avians and 

other poultry must also not have been 

vaccinated with a vaccine for the H5 or 

H7 subtype of avian influenza. 

Section 93.205(a) also requires that 

live poultry are also required to have 

been kept in the region from which they 

are offered for importation since they 

were hatched, or for at least 90 days 

immediately preceding the date of 

movement, that the poultry have not 

been moved through a region identified 

in accordance with § 94.6(a) of this 

subchapter as a region where any form 

of HPAI exists, and that, as far as it has 

been possible to determine, no case of 

HPAI or exotic Newcastle disease (END) 

occurred on the premises where such 

poultry were kept, or on adjoining 

premises, during that 90-day period. 

Based on our review of the studies 

referred to above and the mitigations 

already in the regulations, we have 

determined that the importation of 

Columbiform avians from regions 

considered to have HPAI poses a 

minimal risk to the United States. 

Therefore, we are considering adding to 

the final rule following this interim rule 

a provision to amend § 93.205(a) of the 

regulations to allow the importation of 

Columbiform avians that have 

originated in or transited regions 

considered to have HPAI subject to the 

regulations. Columbiform avians and 

other poultry from regions considered to 

have END would remain prohibited 

from importation to the United States. 

We are therefore reopening the 

comment period on Docket No. APHIS– 

2006–0074 for an additional 30 days. 

This action will allow interested 

persons additional time to prepare and 

submit comments on the interim rule 

and on the change we are considering 

with respect to Columbiform avians. 

Authority: 7 U.S.C. 450, 1622, 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. 

Done in Washington, DC, this 6th day of 

June 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–14297 Filed 6–11–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No. FAA–2012–0486; Amdt. No. 

121–359] 

Removal of Six Month Line Check 

Requirement for Pilots Over Age 60; 

Technical Amendment 

AGENCY: Federal Aviation 

Administration, DOT. 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Rules and Regulations 34785 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The ‘‘FAA Modernization and 

Reform Act of 2012,’’ enacted on 

February 14, 2012, in Section 305 of the 

Act, removed the line check 

performance evaluation requirements 

for pilots over 60 years of age that 

applied to air carriers engaged in part 

121 operations. This technical 

amendment conforms to the FAA’s 

regulations as a result of the Act. 

DATES: Effective June 12, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this rule 

contact Nancy Lauck Claussen, Air 

Transportation Division, AFS–200, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–8166, email 

nancy.l.claussen@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In 2007, Congress enacted the ‘‘Fair 

Treatment for Experienced Pilots Act’’ 

which became effective December 13, 

2007. This legislation raised the upper 

age limit for pilots in part 121 from age 

60 to age 65. It also required that air 

carriers engaged in part 121 operations 

evaluate the performance of 60 years old 

pilots, through a line check, every 6 

months. 

On February 14, 2012, Congress 

enacted the ‘‘FAA Modernization and 

Reform Act of 2012’’ (the ‘‘Act’’). 

Section 305 of the Act removed the line 

check evaluation performance 

requirements contained in the Fair 

Treatment for Experienced Pilots Act. 

Upon enactment of the Act, § 121.440 

(d) through (f) of the Code of Federal 

Regulations (CFR) ceased to be effective. 

Section 121.440(d) requires that no 

certificate holder may use the services 

of any person as a pilot unless the 

certificate holder evaluates every 6 

months the performance, through a line 

check, of each pilot who has attained 60 

years of age. 

Section 121.440(e) requires that no 

pilot who has attained 60 years of age 

may serve as a pilot in operations, under 

this part, unless the certificate holder 

has evaluated the pilot’s performance 

every 6 months, through a line check. 

Section 121.440(f) establishes 

limitations regarding the requirements 

in (d) and (e) that apply to the line 

check requirements for pilots over age 

60. 

The requirement that the performance 

of each pilot of the air carrier who has 

attained 60 years of age be evaluated, 

through a line check, every 6 months, is 

more restrictive than line check 

requirements that apply to other pilots 

in part 121 operations. These provisions 

only require that pilots-in command be 

evaluated, through a line check, every 

12 months. With Section 305 of the Act, 

it was Congress’ objective to impact 

rules governing the age limitation 

requirements of pilots over age 60 

engaged in operations under part 121. 

This technical amendment aligns FAA 

regulations to statutory requirements 

which will establish the same line check 

requirements for all pilots in part 121 

operations, regardless of age. 

Discussion of Dates 

The Act was effective on February 14, 

2012. Pending publication of this rule, 

the FAA has not enforced the line check 

requirements for pilots who have 

attained 60 years of age. This technical 

amendment conforms to the FAA’s 

regulations as a result of the Act and is 

effective upon publication in the 

Federal Register. 

Technical Amendment 

A legislative mandate of this nature 

makes it unnecessary to provide an 

opportunity for notice and comment. 

Further, we find that good cause exists 

under 5 U.S.C. 553(d)(3) to make the 

amendment effective upon publication 

to minimize any possible confusion. If 

we do not correct the language in the 

CFR, we are likely to receive numerous 

petitions for exemption, because the 

published language is not consistent 

with the statute. Since the FAA would 

not have safety or policy reasons to 

deny the exemptions, we have included 

these amendments in this final rule to 

remove the requirements that each pilot 

of the air carrier who has attained 60 

years of age be evaluated, through a line 

check, every 6 months. 

List of Subjects in 14 CFR Part 121 

Air carriers, Aircraft, Airmen, Alcohol 

abuse, Aviation safety, Charter flights, 

Drug abuse, Drug testing, Reporting and 

recordkeeping requirements, Safety. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends Chapter I of Title 14 Code of 

Federal Regulations as follows: 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 40119, 

41706, 44101, 44701–44702, 44705, 44709– 

44711, 44713, 44716–44717, 44722, 44901, 

44903–44904, 44912, 45101–45105, 46105, 

46301. 

§ 121.440 [Amended] 

■ 2. Amend § 121.440 by removing 

paragraphs (d) through (f). 

Issued in Washington, DC, on June 5, 2012. 

Lirio Liu, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2012–14280 Filed 6–11–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9592] 

RIN 1545–BK86 

Substantial Business Activities 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Temporary Regulations. 

SUMMARY: This document contains 

temporary regulations regarding 

whether a foreign corporation has 

substantial business activities in a 

foreign country. These regulations affect 

certain domestic corporations and 

partnerships (and certain parties related 

thereto), and foreign corporations that 

acquire substantially all of the 

properties of such domestic 

corporations or partnerships. The text of 

these temporary regulations serves as 

the text of the proposed regulations set 

forth in the notice of proposed 

rulemaking on this subject also 

published in this issue of the Federal 

Register. 

DATES: Effective Date: These regulations 

are effective on June 12, 2012. 

Applicability Date: For date of 

applicability, see § 1.7874–3T(f). 

FOR FURTHER INFORMATION CONTACT: 

Mary W. Lyons, (202) 622–3860 and 

David A. Levine, (202) 622–3860 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

On June 6, 2006, temporary 

regulations under section 7874 (TD 

9265, 2006–2 CB 1) were published in 

the Federal Register (71 FR 32437) 

concerning the treatment of a foreign 

corporation as a surrogate foreign 

corporation (2006 temporary 

regulations). A notice of proposed 

rulemaking (REG–112994–06) crossreferencing the 2006 temporary 

regulations was published in the same 

issue of the Federal Register (71 FR 


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