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Vol. 76Friday,No. 78April 22, 2011Pages 22603–22784emcdonald on DSK2BSOYB1PROD with NOTICES2OFFICE OF THE FEDERAL REGISTERVerDate Mar 15 201018:17 Apr 21, 2011Jkt 223001PO 00000Frm 00001Fmt 4710Sfmt 4710E:\FR\FM\22APWS.LOC22APWS
emcdonald on DSK2BSOYB1PROD with NOTICES2IIFederal Register / Vol. 76, No. 78 / Friday, April 22, 2011The FEDERAL REGISTER (ISSN 0097–6326) is published daily,Monday through Friday, except official holidays, by the Officeof the Federal Register, National Archives and RecordsAdministration, Washington, DC 20408, under the Federal RegisterAct (44 U.S.C. Ch. 15) and the regulations of the AdministrativeCommittee of the Federal Register (1 CFR Ch. I). TheSuperintendent of Documents, U.S. Government Printing Office,Washington, DC 20402 is the exclusive distributor of the officialedition. Periodicals postage is paid at Washington, DC.The FEDERAL REGISTER provides a uniform system for makingavailable to the public regulations and legal notices issued byFederal agencies. 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Example: 76 FR 12345.Postmaster: Send address changes to the Superintendent ofDocuments, Federal Register, U.S. Government Printing Office,Washington, DC 20402, along with the entire mailing label fromthe last issue received.SUBSCRIPTIONS AND COPIESPUBLICSubscriptions:Paper or fiche202–512–1800Assistance with public subscriptions202–512–1806General online information202–512–1530; 1–888–293–6498Single copies/back copies:Paper or fiche202–512–1800Assistance with public single copies1–866–512–1800(Toll-Free)FEDERAL AGENCIESSubscriptions:Paper or fiche202–741–6005Assistance with Federal agency subscriptions202–741–6005FEDERAL REGISTER WORKSHOPTHE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE ITFOR:Any person who uses the Federal Register and Code ofFederal Regulations.WHO:Sponsored by the Office of the Federal Register.WHAT:Free public briefings (approximately 3 hours) to present:1. The regulatory process, with a focus on the FederalRegister system and the public’s role in the development of regulations.2. The relationship between the Federal Register andCode of Federal Regulations.3. The important elements of typical Federal Register documents.4. An introduction to the finding aids of the FR/CFR system.To provide the public with access to information necessary to research Federal agency regulations which directly affect them. There will be no discussion of specific agency regulations.llllllllllllllllllWHY:WHEN:Tuesday, May 10, 20119 a.m.–12:30 p.m.WHERE:Office of the Federal RegisterConference Room, Suite 700800 North Capitol Street, NW.Washington, DC 20002RESERVATIONS: (202) 741–6008.VerDate Mar 15 201018:17 Apr 21, 2011Jkt 223001PO 00000Frm 00002Fmt 4710Sfmt 4710E:\FR\FM\22APWS.LOC22APWS
IIIContentsFederal RegisterVol. 76, No. 78Friday, April 22, 2011Agricultural Marketing ServiceChildren and Families AdministrationRULESNOTICESSoftwood Lumber Research, Promotion, ConsumerEducation and Industry Information Orders:Referendum Procedures, 22752–22756Agency Information Collection Activities; Proposals,Submissions, and Approvals:Developmental Disabilities Annual Protection andAdvocacy Systems Program Performance Report,22713Meetings:Advisory Committee on the Maternal, Infant and EarlyChildhood Home Visiting Program Evaluation,22713–22714PROPOSED RULESSoftwood Lumber Research, Promotion, ConsumerEducation and Industry Information Orders:Referendum Order, 22757–22784Agriculture DepartmentSee Agricultural Marketing ServiceSee Farm Service AgencySee Food and Nutrition ServiceSee Food Safety and Inspection ServiceSee Forest ServiceSee Rural Business-Cooperative ServiceSee Rural Housing ServiceSee Rural Utilities ServiceCoast GuardNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 22717–22719Commerce DepartmentSee Foreign-Trade Zones BoardSee National Institute of Standards and TechnologySee National Oceanic and Atmospheric AdministrationSee Patent and Trademark OfficeNOTICESSolicitation of Members to the National AgriculturalResearch, Extension, Education, and EconomicsAdvisory Board, 22667Committee for Purchase From People Who Are Blind orSeverely DisabledAir Force DepartmentNOTICESNOTICESPrivacy Act; Systems of Records, 22682–22684Procurement List; Additions and Deletions, 22680Army DepartmentComptroller of the CurrencyNOTICESEnvironmental Impact Statements; Availability, etc.:Real Property Master Plan at Presidio of Monterey, CA,22684–22685PROPOSED RULESBlind or Severely Disabled, Committee for Purchase FromPeople Who AreSee Committee for Purchase From People Who Are Blind orSeverely DisabledRULESBureau of Ocean Energy Management, Regulation andEnforcementRetail Foreign Exchange Transactions, 22633–22648Consumer Product Safety CommissionThird Party Testing for Certain Childrens Products;Clothing Textiles:Terms of Acceptance of Children’s Product Certifications,22608–22610Copyright Office, Library of CongressNOTICESCable Statutory License:Specialty Station List, 22733–22734NOTICESEnvironmental Assessments; Availability, etc.:Cape Wind Energy Project, 22719–22720Corporation for National and Community ServiceCenters for Disease Control and PreventionNOTICESNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 22680–22681Meetings:Advisory Committee on HIV and STD Prevention andTreatment, 22708–22709Centers for Medicare & Medicaid Servicesjlentini on DSKJ8SOYB1PROD with FRCNNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 22709Medicare and Medicaid Programs:Approval of the American Association for Accreditationof Ambulatory Surgery Facilities, Inc. for DeemingAuthority, etc., 22709–22711Re-Approval of the American Society of Histocompatibilityand Immunogenetics as an Accreditation Organization,22711–22712VerDate Mar 15 201017:52 Apr 21, 2011Jkt 223001PO 00000Frm 00001Fmt 4748Defense DepartmentSee Air Force DepartmentSee Army DepartmentSee Navy DepartmentRULESPrivacy Act; Implementation, 22611–22616NOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals:Federal Acquisition Regulation, 22708Federal Acquisition Regulation; Affidavit of IndividualSurety, 22706–22707Federal Acquisition Regulation; Duty-Free Entry, 22707Sfmt 4748E:\FR\FM\22APCN.SGM22APCN
Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / ContentsIVPresolicitation Notice and Response, 22706Defense Logistics Agency Address Directory, 22681–22682Privacy Act; Systems of Records, 22682Federal Energy Regulatory CommissionNOTICESNOTICESApplications for Abandonment:Colorado Interstate Gas Co., 22686Combined Filings, 22686–22692Environmental Assessments; Availability, etc.:Cape Canaveral Project, Florida Gas Transmission Co.,LLC, 22692–22694Filings:SP 49 Pipeline LLC, 22694–22695Initial Market-Based Rate Filings Including Requests forBlanket Section 204 Authorizations:Phalanx Energy Services, LLC, 22695–22696Wildcat Power Holdings, LLC, 22695Yuba City Cogenerations Partners, LP, 22695Motions to Withdraw Filings and Requests for ExpeditedActions:Missouri River Energy Services, et al., 22696Petitions for Declaratory Orders:City of Redwood Falls, MN, 22696–22697Midwest Independent Transmission System Operator,Inc., 22697Preliminary Permit Applications:Arizona Independent Power, Inc., 22698Requests Under Blanket Authorizations:Gulf South Pipeline Co., LP, 22698–22699Staff Attendances:Southwest Power Pool Regional Entity Trustee, RegionalState Committee and Board of Directors Meeting,22699Teleconferences:Eagle Mountain Pumped Storage Hydroelectric Project;Eagle Crest Energy, 22699Meetings:Interagency Management Task Force, 22685–22686Federal Mine Safety and Health Review CommissionEducation DepartmentNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 22685Employee Benefits Security AdministrationNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals:Alternative Method of Compliance for Certain SEPs,22728–22729Employment and Training AdministrationNOTICESAmended Certifications Regarding Eligibility to Apply forWorker Adjustment Assistance:Chrysler Group, LLC, Detroit, MI, 22729Polaris Industries, Osceola, WI, 22729–22730Determinations Regarding Eligibility to Apply for WorkerAdjustment Assistance, 22730–22732Investigations Regarding Certifications of Eligibility toApply for Worker Adjustment Assistance, 22733Energy DepartmentSee Energy Efficiency and Renewable Energy OfficeSee Federal Energy Regulatory CommissionEnergy Efficiency and Renewable Energy OfficeNOTICESEnvironmental Protection AgencyMeetings; Sunshine Act, 22705RULESPesticide Tolerances:Triflusulfuron–methyl, 22620–22625Federal Reserve SystemPROPOSED RULESPROPOSED RULESFinal Document Related to the Review of the NationalAmbient Air Quality Standards for Particulate Matter,22665–22666Resolution Plans and Credit Exposure Reports Required,22648–22662Supervisory Guidance to Savings and Loan HoldingCompanies, 22662–22665NOTICESEnvironmental Impact Statements; Availability, etc.:Weekly Receipt, 22699–22700NOTICESCommunity Facility Loans, 22631–22633Formations of, Acquisitions by, and Mergers of BankHolding Companies, 22705Proposals to Engage in Permissible Nonbanking Activitiesor Acquire Companies Engaged in PermissibleNonbanking Activities, 22705Federal Communications CommissionFish and Wildlife ServiceFarm Service AgencyPROPOSED RULESNOTICESNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 22700–22704Radio Broadcasting Services:AM or FM Proposals to Change the Community ofLicense, 22704Endangered and Threatened Wildlife and Plants:Draft Revised Recovery Plan for the Northern SpottedOwl; Appendix C, 22720–22721jlentini on DSKJ8SOYB1PROD with FRCNFood and Drug AdministrationFederal Deposit Insurance CorporationRULESPROPOSED RULESImplantation or Injectable Dosage Form New Animal Drugs:Enrofloxacin, 22610–22611Resolution Plans and Credit Exposure Reports Required,22648–22662NOTICESUpdated Listing of Financial Institutions in Liquidation,22704–22705VerDate Mar 15 201017:52 Apr 21, 2011Jkt 223001PO 00000Frm 00002Fmt 4748NOTICESWithdrawal of Approval of New Animal Drug Applications:Phenylbutazone; Pyrantel; Tylosin; Sulfamethazine;Correction, 22713Sfmt 4748E:\FR\FM\22APCN.SGM22APCN
Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / ContentsFood and Nutrition ServiceRULESChild Nutrition Programs:Geographic Preference Option for the Procurement ofUnprocessed Agricultural Products, 22603–22608VInterior DepartmentSee Bureau of Ocean Energy Management, Regulation andEnforcementSee Fish and Wildlife ServiceSee Land Management BureauSee Reclamation BureauFood Safety and Inspection ServiceNOTICESInternal Revenue ServiceSalmonella Compliance Guide for Small and Very SmallMeat and Poultry Establishments; Availability, 22667–22668RULESSpecified Tax Return Preparers Required To File IndividualIncome Tax Returns Using Magnetic Media; Correction,22611Foreign-Trade Zones BoardNOTICESInternational Trade CommissionGrant of Authority for Subzone Status:Allegro Mfg. Inc., Commerce, CA, 22672–22673Reorganizations under Alternative Site Framework:Foreign-Trade Zone 176, Rockford, IL, 22673NOTICESForest ServiceNOTICESEnvironmental Impact Statements; Availability, etc.:I–5 Corridor Fuels Reduction Project, Shasta-TrinityNational Forest, CA, 22668–22670Vestal Project, Black Hills National Forest, Hell CanyonRanger District, SD, 22670–22671Meetings:Custer County Resource Advisory Committee, 22671Lincoln County Resource Advisory Committee, 22671–22672Nicolet Resource Advisory Committee, 22672Shoshone Resource Advisory Committee, 22672General Services AdministrationNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals:Federal Acquisition Regulation, 22708Federal Acquisition Regulation; Affidavit of IndividualSurety, 22706–22707Federal Acquisition Regulation; Duty-Free Entry, 22707Presolicitation Notice and Response, 22706jlentini on DSKJ8SOYB1PROD with FRCNMeetings:Advisory Committee on the Maternal, Infant and EarlyChildhood Home Visiting Program Evaluation,22713–22714Housing and Urban Development DepartmentNOTICESFederal Property Suitable as Facilities to Assist theHomeless, 22719Frm 00003Environmental Impact Statements; Availability, etc.:Bighorn Basin Resource Management Plan RevisionProject, Cody and Worland Field Offices, WY,22721–22723Meetings:Carrizo Plain National Monument Advisory Council,22724Pinedale Anticline Working Group, Wyoming, 22723Library of CongressSee Copyright Office, Library of CongressAgency Information Collection Activities; Proposals,Submissions, and Approvals:Federal Acquisition Regulation, 22708Federal Acquisition Regulation; Affidavit of IndividualSurety, 22706–22707Federal Acquisition Regulation; Duty-Free Entry, 22707Presolicitation Notice and Response, 22706National Institute of Standards and TechnologyNOTICESMeetings:Malcolm Baldrige National Quality Award Board ofOverseers and Panel of Judges, 22674Malcolm Baldrige National Quality Award Panel ofJudges, 22675Manufacturing Extension Partnership Advisory Board,22674Technology Innovation Program Advisory Board, 22673–22674Homeland Security DepartmentSee Coast GuardSee Transportation Security AdministrationPO 00000NOTICESNOTICESNOTICESJkt 223001Land Management BureauNational Aeronautics and Space AdministrationHealth Resources and Services Administration17:52 Apr 21, 2011Labor DepartmentSee Employee Benefits Security AdministrationSee Employment and Training AdministrationMine Safety and Health Federal Review CommissionSee Federal Mine Safety and Health Review CommissionHealth and Human Services DepartmentSee Centers for Disease Control and PreventionSee Centers for Medicare & Medicaid ServicesSee Children and Families AdministrationSee Food and Drug AdministrationSee Health Resources and Services AdministrationSee National Institutes of HealthVerDate Mar 15 2010Five-Year Reviews of Countervailing Duty Orders andAntidumping Duty Orders:Cut-to-Length Carbon Steel Plate from India, Indonesia,Italy, Japan, and Korea, 22725–22726Investigations:Certain Multimedia Display and Navigation Devices andSystems, Components Thereof, etc., 22726–22728Fmt 4748Sfmt 4748E:\FR\FM\22APCN.SGM22APCN
Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / ContentsVINational Institutes of HealthRural Utilities ServiceNOTICESPROPOSED RULESAgency Information Collection Activities; Proposals,Submissions, and Approvals:Health Information National Trends Survey 4, 22714–22715Meetings:Center for Scientific Review, 22716National Institute of Mental Health, 22717National Institute on Alcohol Abuse and Alcoholism,22715, 22717National Institute on Drug Abuse, 22715–22716Community Facility Loans, 22631–22633National Oceanic and Atmospheric AdministrationState DepartmentNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals:Foreign Fishing Vessel Permit Applications, 22676Pacific Islands Region Permit Family of Forms, 22675–22676Meetings:North Pacific Fishery Management Council, 22677Pacific Fishery Management Council, 22676–22677Permits:Endangered Species; File No. 14949, 22677–22678National Science FoundationNOTICESMeetings; Sunshine Act:, 22734Navy DepartmentRULESPrivacy Act; Implementation, 22616–22617Nuclear Regulatory CommissionNOTICESEnvironmental Impact Statements; Availability, etc.:Virgil C. Summer Nuclear Station, South CarolinaElectric and Gas, 22734–22735License Amendment Requests:Shaw Areva Mox Services, Mixed Oxide Fuel FabricationFacility, 22735–22739Securities and Exchange CommissionNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 22740Comment Request on Existing Private and Public Efforts toEducate Investors, 22740–22741Self-Regulatory Organizations; Proposed Rule Changes:NASDAQ OMX PHLX LLC, 22741–22743NOTICESAgency Information Collection Activities; Proposals,Submissions, and ApprovalsTraining Registration (For Non-U.S. GovernmentPersons), 22744Environmental Impact Statements; Availability, etc.:TransCanada Keystone XL Pipeline Project, 22744–22745Surface Transportation BoardNOTICESAcquisition and Operation Exemptions:Conecuh Valley Railway, LLC and Conecuh ValleyRailroad Co., Inc., 22746–22747Three Notch Railway, LLC, and Three Notch RailroadCo., Inc., 22745–22746Wiregrass Central Railway, LLC and Wiregrass CentralRailroad Co., Inc., 22746Continuance in Control Exemptions:RailAmerica, Inc., et al., 22747–22748Intra-Corporate Family Merger Exemptions:Wisconsin Central Ltd., Duluth, Missabe and Iron RangeRailway Co., and Duluth, Winnipeg and PacificRailway Co., 22748–22749Leases and Operation Exemptions:Camden and Southern Railroad, Inc., Camden AreaIndustrial Development Corp., 22749Transportation DepartmentSee Surface Transportation BoardSee Transportation Security AdministrationPatent and Trademark OfficeNOTICESTrademark Trial and Appeal Board Participation inSettlement Discussions, 22678–22679Transportation Security AdministrationRULESPostal Regulatory CommissionReporting of Security Issues, 22625–22630RULESProduct List Update, 22618–22620Treasury DepartmentSee Comptroller of the CurrencySee Internal Revenue ServiceNOTICESPostal Service Market Test, 22739–22740Reclamation BureauNOTICESEnvironmental Impact Statements; Availability, etc.:San Joaquin River Restoration Program, California,22724–22725Separate Parts In This IssuePart IIAgriculture Department, Agricultural Marketing Service,22752–22784Rural Business-Cooperative Servicejlentini on DSKJ8SOYB1PROD with FRCNRULESRural Energy for America Program; Webinars, 22608PROPOSED RULESReader AidsConsult the Reader Aids section at the end of this page forphone numbers, online resources, finding aids, reminders,and notice of recently enacted public laws.Community Facility Loans, 22631–22633Rural Housing ServicePROPOSED RULESCommunity Facility Loans, 22631–22633VerDate Mar 15 201017:52 Apr 21, 2011Jkt 223001PO 00000Frm 00004Fmt 4748Sfmt 4748E:\FR\FM\22APCN.SGM22APCN
Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Contentsjlentini on DSKJ8SOYB1PROD with FRCNTo subscribe to the Federal Register Table of ContentsLISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing listarchives, FEDREGTOC-L, Join or leave the list (or changesettings); then follow the instructions.VerDate Mar 15 201017:52 Apr 21, 2011Jkt 223001PO 00000Frm 00005Fmt 4748Sfmt 4748E:\FR\FM\22APCN.SGM22APCNVII
VIIIFederal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / ContentsCFR PARTS AFFECTED IN THIS ISSUEA cumulative list of the parts affected this month can be found in theReader Aids section at the end of this issue.7 17.227524280.22608Proposed Rules:1217.227571942.2263112 CFRProposed Rules:48.22633Ch. II .22662252.22648381.2264816 CFR1610.2260821 CFR522.2261026 CFR301.2261132 CFR311 (2 documents) .22612,22613322 (2 documents) .22614,22615701.2261639 CFR3020.2261840 CFR180.22620Proposed Rules:emcdonald on DSK2BSOYB1PROD with NOTICES350.2266549 CFR1503.22625VerDate Mar 15 201018:18 Apr 21, 2011Jkt 223001PO 00000Frm 00001Fmt 4711Sfmt 4711E:\FR\FM\22APLS.LOC22APLS
22603Rules and RegulationsFederal RegisterVol. 76, No. 78Friday, April 22, 2011This section of the FEDERAL REGISTERcontains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.Development Branch, Child NutritionDivision, Food and Nutrition Service,3101 Park Center Drive, Alexandria,Virginia 22302, or by telephone at (703)305–2590.SUPPLEMENTARY INFORMATION:The Code of Federal Regulations is sold bythe Superintendent of Documents. Prices ofnew books are listed in the first FEDERALREGISTER issue of each week.BackgroundDEPARTMENT OF AGRICULTUREFood and Nutrition Service7 CFR Parts 210, 215, 220, 225, and 226RIN 0584–AE03Geographic Preference Option for theProcurement of UnprocessedAgricultural Products in Child NutritionProgramsFood and Nutrition Service,USDA.ACTION: Final rule.AGENCY:The 2008 Farm Bill amendedthe Richard B. Russell National SchoolLunch Act to direct that the Secretary ofAgriculture encourage institutionsoperating Child Nutrition Programs topurchase unprocessed locally grownand locally raised agricultural products.Effective October 1, 2008, institutionsreceiving funds through the ChildNutrition Programs may apply anoptional geographic preference in theprocurement of unprocessed locallygrown or locally raised agriculturalproducts. This provision applies toinstitutions in all of the Child NutritionPrograms, including the National SchoolLunch Program, School BreakfastProgram, Fresh Fruit and VegetableProgram, Special Milk Program forChildren, Child and Adult Care FoodProgram and Summer Food ServiceProgram, as well as to purchases madefor these programs by the Department ofDefense Fresh Program. The provisionalso applies to State agencies makingpurchases on behalf of any of theaforementioned Child NutritionPrograms. The purpose of this rule is tofinalize the geographic preferenceoption in Child Nutrition Programs.DATES: This rule is effective May 23,2011.erowe on DSK5CLS3C1PROD with RULESSUMMARY:FOR FURTHER INFORMATION CONTACT:JulieBrewer, Chief, Policy and ProgramVerDate Mar 15 201014:51 Apr 21, 2011Jkt 223001Section 4302 of Public Law 110–246,the Food, Conservation, and Energy Actof 2008, amended section 9(j) of theRichard B. Russell National SchoolLunch Act (42 U.S.C. 1758(j)) to requirethe Secretary of Agriculture toencourage institutions operating ChildNutrition Programs to purchaseunprocessed locally grown and locallyraised agricultural products. Pursuant tosection 4407 of Public Law 110–246,beginning October 1, 2008, institutionsreceiving funds as participants in theChild Nutrition Programs may apply anoptional geographic preference in theprocurement of unprocessed locallygrown or locally raised agriculturalproducts. This provision applies toinstitutions operating all of the ChildNutrition Programs, including theNational School Lunch Program, SchoolBreakfast Program, Fresh Fruit andVegetable Program, Special MilkProgram, Child and Adult Care FoodProgram and Summer Food ServiceProgram, as well as to purchases madefor these programs by the Department ofDefense Fresh Program. The provisiondoes not apply to purchases made bythe Department. However, the provisiondoes also apply to State agencies makingpurchases on behalf of any of theaforementioned Child NutritionPrograms. The provisions were initiallyimplemented through policymemoranda and explanatory questionand answer communications datedJanuary 9, 2009, July 22, 2009, andOctober 9, 2009.The Department published a proposedrule on April 19, 2010, at 75 FR 20316to solicit comments on theincorporation of this procurementoption in Child Nutrition Programregulations. The rule also served todefine the term ‘‘unprocessed locallygrown or locally raised agriculturalproducts’’ to ensure that both the intentof Congress in providing for such aprocurement option was met and thatany such definition would facilitate easeof implementation for institutionsparticipating in the Child NutritionPrograms. The comment period endedPO 00000Frm 00001Fmt 4700Sfmt 4700on June 18, 2010. The Departmentreceived 77 comments on the proposedrule. The following discussion providesinformation on the comments as well asa discussion of the clarifications andchanges made to the proposal based onthe comments received.General CommentsIn general, the comments received bythe Department were very supportive ofthe regulation as proposed. Fifty-eightcomments commended the Departmentfor clarifying previous interpretations ofthe geographic preference option forprocurement. Forty-four commentorsstated that they believed the updatedlanguage of the rule more closelycomplied with the CongressionalConference Report language thatindicated that there is no intent topreclude ‘‘de minimus handling andpreparation such as necessary to presentan agricultural product to a school foodauthority in a useable form.’’ Fortyseven comments supported theprovision of the rule allowing thepurchasing entity, such as local schoolfood authorities, to determine the localarea to which a geographic preferencewill be applied, indicating that theyagreed with the Department’s view thatindividual circumstances and productavailability leads to the most successfullocal and regional procurementprograms.Procurement IssuesAs indicated in the proposed rule,traditionally, a geographic preferenceestablished for procurements providesbidders located in a specifiedgeographic area additional points orcredit calculated during the evaluationof the proposals or bids received inresponse to a solicitation. A geographicpreference is not a procurement setaside for bidders located in the specifiedgeographic area, guaranteeing them acertain level or percentage of business.In addition, including a geographicpreference in a procurement does notpreclude a bidder from outside thespecified geographic area fromcompeting for, and possibly beingawarded, the contract subject to thegeographic preference. Rather, ageographic preference is a tool that givesbidders in a specified geographic area aspecific, defined advantage in theprocurement process. We received anumber of comments specificallyE:\FR\FM\22APR1.SGM22APR1
22604Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Rules and Regulationserowe on DSK5CLS3C1PROD with RULESrequesting guidance on how to applythe geographic preference option inprocurement specifications andprocedures as well as questions onprocurement processes in general. TheDepartment published a policymemorandum for program cooperatorson general procurement and geographicpreference issues on February 1, 2011and will be publishing additionalguidance on procurement provisionsassociated with implementation of thegeographic preference option includedin this final rule as needed. Therefore,no changes have been made to theprocurement-specific provisionsincluded in the proposed rule and thoseprocurement provisions are finalized asproposed.Geographic AreaBy utilizing the statutorily establishedgeographic preference option in ChildNutrition Programs, purchasinginstitutions, such as States, school foodauthorit
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