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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Rules and Regulations contingency plans and already provide employee training, but for which we lack verifying information.
The 1 to 2 hours that we assume would be required to develop a contingency plan includes the time needed to identify resources for the plans preparation and documentation.
The 1-hour training estimate for all current and new employees considers the time it would take an employee to become familiar with their roles and responsibilities as outlined in the plan.
The costs included in this analysis reflect training for the first year only.
Contingency planning also requires record keeping, ensuring that the contingency plans are kept current, and employee training. The type of training and type of contingency plan required may differ depending on the type of organization or business, as well as its location and the locations climate history.
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 2 CFR
chapter IV.

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Executive Order 12988
This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. The Act does not provide administrative procedures which must be exhausted prior to a judicial challenge to the provisions of this rule.
National Environmental Policy Act An environmental assessment and finding of no significant impact have been prepared for this final rule. The environmental assessment provides a basis for the conclusion that the creation of contingency plans will not have a significant impact on the quality of the human environment. Based on the finding of no significant impact, the Administrator of the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact were prepared in accordance with: 1 NEPA, as amended 42 U.S.C. 4321 et seq., 2
regulations of the CEQ for implementing the procedural provisions of NEPA 40
CFR parts 15001508, 3 USDA
regulations implementing NEPA 7 CFR
part 1b, and 4 APHIS NEPA
Implementing Procedures 7 CFR part 372.

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The environmental assessment and finding of no significant impact may be viewed on the Regulations.gov website.4
Copies of the environmental assessment and finding of no significant impact are also available for public inspection at USDA, Room 1620, South Building, 14th Street and Independence Avenue SW, Washington, DC, between 8 a.m.
and 4:30 p.m., Monday through Friday, except holidays. Persons wishing to inspect copies are requested to call ahead on 202 7997039 to facilitate entry into the reading room. In addition, copies may be obtained by writing to the individual listed under FOR FURTHER
INFORMATION CONTACT.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
Paperwork Reduction Act In accordance with Section 3507d of the Paperwork Reduction Act of 1995
44 U.S.C. 3501 et seq., the information collection or recordkeeping requirements included in this final rule have been submitted to the Office of Management and Budget OMB for approval under control number 0579
0479. When OMB notifies us of its decision, if approval is denied, we will publish a document in the Federal Register providing notice of what action we plan to take.
E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the E-Government Act to promote the use of the internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this rule, please contact Mr. Joseph Moxey, APHIS Paperwork Reduction Act Coordinator, at 301 8512483.
List of Subjects in 9 CFR Part 2
Animal welfare, Pets, Reporting and recordkeeping requirements, Research.
Accordingly, we are amending 9 CFR
part 2 as follows:
PART 2REGULATIONS
1. The authority citation for part 2
continues to read as follows:

4 Go to www.regulations.gov. Enter APHIS2020
0101 in the Search field. The environmental assessment and finding of no significant impact will appear in the list of documents.

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Authority: 7 U.S.C. 21312159; 7 CFR
2.22, 2.80, and 371.7.

2. Amend 2.38:
a. By lifting the stay on paragraph l published at July 31, 2013 78 FR
46255;
b. In paragraph l2:
i. In the first sentence by removing the date July 29, 2013 and adding July 5, 2022 in its place;
ii. In the fifth sentence by removing the words and training records; and iii. By revising the last sentence; and c. By revising paragraph l3; and d. By adding an OMB citation at the end of the section.
The revisions and addition read as follows:

2.38

Miscellaneous.

l
2 The APHIS Contingency Plan form may be used to keep and maintain the information required by paragraph l1 and 2 of this section.
3 The facility must provide training for its personnel regarding their roles and responsibilities as outlined in the plan. For current registrants, training of facility personnel must be completed within 60 days of the research facility putting their plan in place; for research facilities registered after July 5, 2022, training of facility personnel must be completed within 60 days of the facility putting its contingency plan in place.
This deadline applies to employees hired before and up to 30 days after the facility puts its contingency plan in place. For employees hired more than 30 days after the facility puts its contingency plan in place, training must be conducted within 30 days of their start date. Any substantive changes to the plan as a result of the annual review must be communicated to employees through training which must be conducted within 30 days of making the changes.
Approved by the Office of Management and Budget under control number 05790479

3. Amend 2.134:
a. By lifting the stay on the section published July 31, 2013 78 FR 46255;
b. In paragraph b:
i. In the first sentence by removing the date July 29, 2013 and adding July 5, 2022 in its place;
ii. In the fifth sentence by removing the words and training records; and iii. By revising the last sentence; and c. By revising paragraph c; and d. By adding an OMB citation at the end of the section.
The revisions and addition read as follows:

2.134

E:FRFM03DER1.SGM

Contingency planning.

03DER1