Required Scale Tests, 18348-18349 [2011-7831]
Download as PDF
18348
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
and goat farming operations, and cattle
feedlots.
The Small Business Administration
has established guidelines for
determining which businesses are to be
considered small. Based on the most
recent data we have regarding annual
receipts, it is likely that most of the
entities that will be affected by this rule
are small.
However, this rulemaking only
amends APHIS’ administrative process
for changing the list of designated
embarkation ports and associated export
inspection facilities. This action does
not make any changes in the status of
any designated embarkation port or
associated export inspection facility, nor
does it alter the technical criteria by
which designated embarkation ports
and associated export inspection
facilities are added to or removed from
this list. We expect that this final rule
will have little effect on U.S. entities
other than benefits they may derive
from timelier changes to the list of
designated ports of embarkation and
associated export inspection facilities.
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 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 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.
sroberts on DSK69SOYB1PROD with RULES
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 in 9 CFR Part 91
Animal diseases, Animal welfare,
Exports, Livestock, Reporting and
recordkeeping requirements,
Transportation.
Accordingly, we are amending 9 CFR
part 91 as follows:
VerDate Mar<15>2010
18:24 Apr 01, 2011
Jkt 223001
PART 91—INSPECTION AND
HANDLING OF LIVESTOCK FOR
EXPORTATION
1. The authority citation for part 91
continues to read as follows:
■
Authority: 7 U.S.C. 8301–8317; 19 U.S.C.
1644a(c); 21 U.S.C. 136, 136a, and 618; 46
U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, and
371.4.
2. Section 91.14 is amended by
revising paragraphs (a), (b), and (d) to
read as follows:
■
§ 91.14 Ports of embarkation and export
inspection facilities.
(a) All ports that have export
inspection facilities which the
Administrator has determined satisfy
the requirements of paragraph (c) of this
section are hereby designated as ports of
embarkation. A list of designated ports
of embarkation can be viewed on the
Internet at https://www.aphis.usda.gov/
regulations/vs/iregs/animals/ or
obtained from a Veterinary Services area
office. Information on area offices is
available at https://www.aphis.usda.gov/
animal_health/area_offices/. All
animals, except animals being exported
by land to Mexico or Canada, shall be
exported through said ports or through
ports designated in special cases under
paragraph (b) of this section.
(b) In special cases, other ports may
be designated as ports of embarkation by
the Administrator, with the concurrence
of the Commissioner of the Bureau of
Customs and Border Protection, when
the exporter can show to the satisfaction
of the Administrator that the animals to
be exported would suffer undue
hardship if they are required to be
moved to a port listed as a designated
port of embarkation in accordance with
paragraph (a) of this section. Ports shall
be designated in special cases as ports
of embarkation only if the inspection
facilities are approved as meeting the
requirements of paragraph (c) of this
section.
*
*
*
*
*
(d) Approval and denial or revocation
of approval. Approval of each export
inspection facility for designation under
paragraph (a) of this section, and in
special cases under paragraph (b) of this
section, shall be obtained from the
Administrator. Approval of an export
inspection facility under paragraph (a)
or (b) of this section will be denied or
revoked for failure to meet the standards
in paragraph (c) of this section.
Designated ports of embarkation and
export facilities shall be reevaluated
annually, by means of an APHIS site
inspection, for continued compliance
with the standards contained in
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
paragraph (c) of this section. If the port
or facility fails to pass the annual
inspection, its designation will be
revoked, and it will be removed from
the list of designated ports and facilities.
A written notice of any proposed denial
or revocation shall be given to the
operator of the facility, and he or she
will be given an opportunity to present
his or her views thereon. Such notice
shall list in detail the deficiencies
concerned. After remedying the
deficiencies, an operator may request
another inspection. Approval of a port
of embarkation in connection with the
designation of an export inspection
facility in special cases shall be limited
to the special case for which the
designation was made.
*
*
*
*
*
■ 3. In § 91.15, paragraph (a) is revised
to read as follows:
§ 91.15
Inspection of animals for export.
(a) All animals offered for exportation
to any foreign country, except by land
to Mexico or Canada, shall be inspected
within 24 hours of embarkation by an
APHIS veterinarian at an export
inspection facility at a port listed as a
designated port of embarkation in
accordance with § 91.14(a), or at a port
or inspection facility designated by the
Administrator in a special case under
§ 91.14(b).
*
*
*
*
*
Done in Washington, DC, this 29th day of
March 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–7897 Filed 4–1–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and
Stockyards Administration
9 CFR Part 201
RIN 0580–AB10
Required Scale Tests
Grain Inspection, Packers and
Stockyards Administration.
ACTION: Correcting amendments.
AGENCY:
The Grain Inspection, Packers
and Stockyards Administration
published a document in the Federal
Register on January 20, 2011 (76 FR
3485), defining required scale tests. That
document incorrectly defined limited
seasonal basis in § 201.72(a) (9 CFR
201.72(a)). This document corrects the
final regulation by revising this section.
SUMMARY:
E:\FR\FM\04APR1.SGM
04APR1
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
DATES:
Effective on April 4, 2011.
FOR FURTHER INFORMATION CONTACT:
S. Brett Offutt, Director, Policy and
Litigation Division, P&SP, GIPSA, 1400
Independence Ave., SW., Washington,
DC 20250, (202) 720–7363,
s.brett.offutt@usda.gov.
SUPPLEMENTARY INFORMATION:
List of Subjects in 9 CFR Part 201
Reporting and recordkeeping
requirements, Measurement standards,
Trade practices.
Accordingly, 9 CFR part 201 is
corrected by making the following
correcting amendment:
PART 201—REGULATIONS UNDER
THE PACKERS AND STOCKYARDS
ACT
1. The authority citation for part 201
continues to read as follows:
■
Authority: 7 U.S.C. 181–229c.
2. In § 201.72, revise the last sentence
of paragraph (a) to read as follows:
■
§ 201.72
Scales; testing of.
(a) * * * Except that if scales are
used on a limited seasonal basis (during
any continuous 6-month period) for
purposes of purchase, sale, acquisition,
payment or settlement, the stockyard
owner, swine contractor, market agency,
dealer, live poultry dealer, or packer
using such scales may use the scales
within a 6-month period following each
test.
*
*
*
*
*
Alan R. Christian,
Acting Administrator, Grain Inspection,
Packers and Stockyards Administration.
[FR Doc. 2011–7831 Filed 4–1–11; 8:45 am]
BILLING CODE 3410–KD–P
FEDERAL RESERVE SYSTEM
12 CFR Part 213
[Regulation M; Docket No. R–1400]
RIN No. 7100–AD60
Consumer Leasing
Board of Governors of the
Federal Reserve System.
ACTION: Final rule.
AGENCY:
Effective July 21, 2011, the
Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank
Act) amends the Consumer Leasing Act
(CLA) by increasing the threshold for
exempt consumer leases from $25,000 to
$50,000. In addition, the Dodd-Frank
Act provides that, on or after December
sroberts on DSK69SOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
18:24 Apr 01, 2011
Jkt 223001
31, 2011, this threshold must be
adjusted annually by any annual
percentage increase in the Consumer
Price Index for Urban Wage Earners and
Clerical Workers. Accordingly, the
Board is making corresponding
amendments to Regulation M, which
implements the CLA, and to the
accompanying staff commentary.
Because the Dodd-Frank Act also
increases the Truth in Lending Act’s
threshold for exempt consumer credit
transactions from $25,000 to $50,000,
the Board is making similar
amendments to Regulation Z elsewhere
in today’s Federal Register.
DATES: Consistent with Sections 1062
and 1100H of the Dodd-Frank Act, this
final rule is effective on the transfer date
designated by the Secretary of the
Treasury, which is July 21, 2011.
FOR FURTHER INFORMATION CONTACT:
Stephen Shin, Attorney, or Benjamin K.
Olson, Counsel, Division of Consumer
and Community Affairs, Board of
Governors of the Federal Reserve
System, at (202) 452–3667 or 452–2412;
for users of Telecommunications Device
for the Deaf (TDD) only, contact (202)
263–4869.
SUPPLEMENTARY INFORMATION:
I. Background
The Consumer Leasing Act
The Consumer Leasing Act (CLA), 15
U.S.C. 1667–1667e, was enacted in 1976
as an amendment to the Truth in
Lending Act (TILA), 15 U.S.C. 1601 et
seq. The purpose of the CLA is to ensure
meaningful and accurate disclosure of
the terms of personal property leases for
personal, family, or household use. The
CLA is implemented by the Board’s
Regulation M (12 CFR part 213).
The CLA and Regulation M require
lessors to provide consumers with
uniform cost and other disclosures
about consumer lease transactions. The
statute and the regulation generally
apply to consumer leases for the use of
personal property in which the
contractual obligation has a term of
more than four months. An automobile
lease is the most common type of
consumer lease covered by the CLA and
Regulation M. Currently, however, if the
lessee’s total contractual obligation
under the lease exceeds $25,000, the
CLA and Regulation M do not apply.
See 15 U.S.C. 1667(1); 12 CFR 213.2(e).1
1 Specifically, the CLA currently defines a
consumer lease as ‘‘a contract in the form of a lease
or bailment for the use of personal property by a
natural person for a period of time exceeding four
months, and for a total contractual obligation not
exceeding $25,000, primarily for personal, family,
or household purposes, whether or not the lessee
has the option to purchase or otherwise become the
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
18349
The Dodd-Frank Wall Street Reform and
Consumer Protection Act
This final rule implements Section
1100E of the Dodd-Frank Wall Street
Reform and Consumer Protection Act of
2010 (Dodd-Frank Act), which was
signed into law on July 21, 2010. Public
Law 111–203 § 1100E, 124 Stat. 1376
(2010). The Dodd-Frank Act raises the
CLA’s $25,000 exemption threshold to
$50,000. In addition, the Dodd-Frank
Act requires that, on or after December
31, 2011, the threshold shall be adjusted
annually for inflation by the annual
percentage increase in the Consumer
Price Index for Urban Wage Earners and
Clerical Workers (CPI–W), as published
by the Bureau of Labor Statistics.
Therefore, from July 21, 2011 to
December 31, 2011, the threshold dollar
amount will be $50,000. Effective
January 1, 2012, the $50,000 threshold
will be adjusted annually based on any
annual percentage increase in the
CPI–W.
In December 2010, the Board
proposed to amend § 213.2(e), the
accompanying commentary, and the
commentary to § 213.7(a) for
consistency with the amendments to the
CLA’s exemption threshold. See 75 FR
78632 (Dec. 16, 2010) (December 2010
Proposed Regulation M Rule). In
addition, because the Dodd-Frank Act
makes similar amendments to TILA’s
exemption threshold for consumer
credit transactions, the Board
simultaneously proposed to amend
Regulation Z, which implements the
provisions of TILA that do not address
consumer leases. See 75 FR 78636 (Dec.
16, 2010) (December 2010 Regulation Z
Proposed Rule).
The Board received only two
comments on the December 2010
Regulation M Proposed Rule. As
discussed below, the Board is generally
adopting the rule as proposed.
Elsewhere in today’s Federal Register,
the Board is also adopting a final rule
amending Regulation Z in order to
implement the amendments to TILA’s
exemption threshold for consumer
credit transactions.
II. Summary of Final Rule
Revisions to § 213.2
Consistent with the Dodd-Frank Act,
the Board’s final rule revises § 213.2 and
the accompanying staff commentary to
provide that, effective July 21, 2011, a
consumer lease is exempt from the
requirements of Regulation M if the
consumer’s total contractual obligation
owner of the property at expiration of the lease.
* * *’’ 15 U.S.C. 1667(1) (emphasis added).
Regulation M implements this definition in
§ 213.2(e).
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18348-18349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7831]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
9 CFR Part 201
RIN 0580-AB10
Required Scale Tests
AGENCY: Grain Inspection, Packers and Stockyards Administration.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Grain Inspection, Packers and Stockyards Administration
published a document in the Federal Register on January 20, 2011 (76 FR
3485), defining required scale tests. That document incorrectly defined
limited seasonal basis in Sec. 201.72(a) (9 CFR 201.72(a)). This
document corrects the final regulation by revising this section.
[[Page 18349]]
DATES: Effective on April 4, 2011.
FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Director, Policy and
Litigation Division, P&SP, GIPSA, 1400 Independence Ave., SW.,
Washington, DC 20250, (202) 720-7363, s.brett.offutt@usda.gov.
SUPPLEMENTARY INFORMATION:
List of Subjects in 9 CFR Part 201
Reporting and recordkeeping requirements, Measurement standards,
Trade practices.
Accordingly, 9 CFR part 201 is corrected by making the following
correcting amendment:
PART 201--REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT
0
1. The authority citation for part 201 continues to read as follows:
Authority: 7 U.S.C. 181-229c.
0
2. In Sec. 201.72, revise the last sentence of paragraph (a) to read
as follows:
Sec. 201.72 Scales; testing of.
(a) * * * Except that if scales are used on a limited seasonal
basis (during any continuous 6-month period) for purposes of purchase,
sale, acquisition, payment or settlement, the stockyard owner, swine
contractor, market agency, dealer, live poultry dealer, or packer using
such scales may use the scales within a 6-month period following each
test.
* * * * *
Alan R. Christian,
Acting Administrator, Grain Inspection, Packers and Stockyards
Administration.
[FR Doc. 2011-7831 Filed 4-1-11; 8:45 am]
BILLING CODE 3410-KD-P