28886 Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Rules and Regulations 

Regulations.gov) or obtained from the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

The interim rule will benefit Texas 

swine producers who sell non-slaughter 

boars and sows interstate (other than 

those Texas swine farms that already 

have validated brucellosis-free herds). 

They will be able to forgo testing costs 

that are equivalent to between 1 and 2 

percent of the average value of a 

breeding sow. The extent to which a 

particular operation will benefit from 

the interim rule will depend upon the 

number of non-slaughter sows and boars 

moved interstate. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of 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 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Has no retroactive 

effect and (2) does not require 

administrative proceedings before 

parties may file suit in court challenging 

this rule. 

Paperwork Reduction Act 

This interim 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 in 9 CFR Part 78 

Animal diseases, Bison, Cattle, Hogs, 

Quarantine, Reporting and 

recordkeeping requirements, 

Transportation. 

Accordingly, we are amending 9 CFR 

part 78 as follows: 

PART 78—BRUCELLOSIS 

■ 1. The authority citation for part 78 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 

2.22, 2.80, and 371.4. 

§ 78.43 [Amended] 

■ 2. Section 78.43 is amended by 

adding, in alphabetical order, the word 

‘‘Texas,’’. 

Done in Washington, DC, this 13th day of 

May 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–12320 Filed 5–18–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 95 

[Docket No. APHIS–2006–0113] 

RIN 0579–AC11 

Importation of Swine Hides and Skins, 

Bird Trophies, and Ruminant Hides 

and Skins; Technical Amendment 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In a final rule that was 

published in the Federal Register on 

December 15, 2009, and effective on 

January 14, 2010, we amended the 

regulations governing the importation of 

animal byproducts to, among other 

things, provide specific conditions 

under which deer and other ruminant 

hides and skins from Mexico could be 

imported into the United States in order 

to protect U.S. livestock from the 

introduction of bovine babesiosis. It was 

our intent to indicate that deer and 

ruminant hides and skins from Mexico 

may not go to an approved 

establishment upon importation into the 

United States rather than comply with 

the specific conditions established in 

the final rule. This document corrects 

that error. 

DATES: Effective Date: May 19, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Tracye Butler, Senior Staff Veterinarian, 

Technical Trade Services, National 

Center for Import and Export, VS, 

APHIS, 4700 River Road, Unit 39, 

Riverdale, MD 20737–1231; (301) 734– 

7476. 

SUPPLEMENTARY INFORMATION: 

Background 

In a final rule that was published in 

the Federal Register on December 15, 

2009 (74 FR 66222–66227, Docket No. 

APHIS–2006–0113), and effective on 

January 14, 2010, we amended the 

regulations governing the importation of 

animal byproducts to, among other 

things, provide specific conditions 

under which deer and other ruminant 

hides and skins from Mexico could be 

imported into the United States in order 

to protect U.S. livestock from the 

introduction of bovine babesiosis. 

In the final rule, we added provisions 

for the importation of ruminant hides 

and skins from Mexico to § 95.5. We 

provided that hides and skins from 

Mexico may enter the United States 

without other restriction if they are hard 

dried (paragraph (a)(2)); have been 

pickled in a solution of salt containing 

mineral acid which has a pH of less 

than or equal to 5 and placed in 

containers while wet (paragraph (a)(4)); 

or have been treated with lime so as to 

have become dehaired and ready for 

preparation into rawhide products 

(paragraph (a)(5)). 

In order to address the specific risk to 

U.S. livestock of bovine babesiosis, we 

are amending paragraph (b)(1) of § 95.5 

to add the statement that ruminant 

hides and skins from Mexico must also 

be free of ticks in addition to having 

been subjected to any one of the 

treatments specified in paragraphs 

(a)(2), (a)(4), or (a)(5) of § 95.5. 

Hides and skins from Mexico may 

also enter the United States without 

other restriction if they are found to 

have been frozen solid for 24 hours 

upon inspection by an inspector or are 

accompanied by a certificate attesting to 

that fact issued by the shipper or 

importer and are free from ticks; are free 

from ticks and are accompanied by a 

certificate issued by a full-time salaried 

veterinary officer of the Government of 

Mexico stating that they have been 

treated with an acaricide; or are bovine 

hides taken from cattle that were 

subjected to a tickicidal dip in one of 

the permitted dips at a Mexican facility 

7 to 12 days prior to slaughter, and are 

free from ticks. These requirements are 

intended to protect U.S. livestock from 

the introduction of bovine babesiosis. 

The introductory text of § 95.5 

provides that untanned hides and skins 

and bird trophies may be imported into 

the United States if they meet the 

requirements of that section or are 

handled at an approved establishment 

as set forth in § 95.6. Our final rule 

should have indicated that ruminant 

hides and skins from Mexico may not be 

handled at approved establishments 

because of the risk of the hides and 

skins being infested with ticks carrying 

bovine babesiosis. Since the publication 

of the final rule, we have not authorized 

any approved establishments to receive 

ruminant hides and skins from Mexico. 

Therefore, we are amending the 

introductory text of § 95.5 so that it 

clearly states that ruminant hides and 

skins from Mexico that do not meet the 

requirements of § 95.5 are not eligible 

for importation for handling at an 

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Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Rules and Regulations 28887 

1The importation of bird trophies is also subject 

to restrictions under § 95.30. 

approved establishment as set forth in 

§ 95.6. 

To reflect this, we are also amending 

the introductory text of § 95.6 to exclude 

ruminant hides and skins from Mexico 

from the articles that can be offered for 

importation when they do not meet the 

conditions or requirements of § 95.5 if 

they are handled and treated at the port 

of entry under the further provisions of 

§ 95.6. 

List of Subjects in 9 CFR Part 95 

Animal feeds, Hay, Imports, 

Livestock, Reporting and recordkeeping 

requirements, Straw, Transportation. 

Accordingly, we are amending 9 CFR 

part 95 as follows: 

PART 95—SANITARY CONTROL OF 

ANIMAL BYPRODUCTS (EXCEPT 

CASINGS), AND HAY AND STRAW, 

OFFERED FOR ENTRY INTO THE 

UNITED STATES 

■ 1. The authority citation for part 95 

continues to read as follows: 

Authority: 7 U.S.C. 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 95.5 is amended as follows: 

■ a. The introductory text is revised to 

read as set forth below. 

■ b. In paragraph (b)(1), by adding the 

words ‘‘are free of ticks and’’ after the 

word ‘‘They’’. 

§ 95.5 Untanned hides and skins and bird 

trophies; requirements for entry. 

Untanned hides and skins and bird 

trophies 1 may be imported into the 

United States if they meet the 

requirements of this section. Except for 

ruminant hides or skins from Mexico, 

untanned hides and skins and bird 

trophies may also be imported if 

handled at an approved establishment 

as set forth in § 95.6. 

* * * * * 

■ 3. In § 95.6, the introductory text is 

revised to read as follows: 

§ 95.6 Untanned hides, skins, and bird 

trophies; importation permitted subject to 

restrictions. 

Except for ruminant hides or skins 

from Mexico, hides or skins or bird 

trophies offered for importation which 

do not meet the conditions or 

requirements of § 95.5 shall be handled 

and treated in the following manner 

after arrival at the port of entry: 

* * * * * 

Done in Washington, DC, this 13th day of 

May 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–12319 Filed 5–18–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0432; Airspace 

Docket No. 11–ACE–8] 

Revocation of Class E Airspace; Ozark, 

MO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes Class E 

airspace at Ozark, MO. Abandonment of 

the former Air Park South Airport and 

cancellation of all Standard Instrument 

Approach Procedures has eliminated 

the need for controlled airspace in the 

Ozark, MO area. The FAA is taking this 

action to ensure the efficient use of 

airspace within the National Airspace 

System. 

DATES: Effective date: 0901 UTC, August 

25, 2011. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

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: 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

removing Class E airspace in the Ozark, 

MO, area. Abandonment of the former 

Air Park South Airport and cancellation 

of all Standard Instrument Approach 

Procedures has eliminated the need for 

controlled airspace. Since this action 

eliminates the impact of controlled 

airspace on users of the National 

Airspace System in the vicinity of 

Ozark, MO, notice and public 

procedures under 5 U.S.C. 553(b) are 

unnecessary. 

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 

part 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in this 

Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it removes 

controlled airspace at Air Park South 

Airport, Ozark, MO. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

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