Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-06-30.xml --- 75 125 Wednesday, June 30, 2010 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Apricots Grown in Designated Counties in Washington; Increased Assessment Rate, 37740-37742 2010-15941 Agricultural Agricultural Research Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37749 2010-15815 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Food Safety and Inspection Service See Forest Service Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 37815 2010-15619 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Order/Notice to Withold Income for Child Support, 37816 2010-15798 Coast Guard Coast Guard RULES Safety Zones: July Fireworks Display in Captain of the Port, Puget Sound AOR, 37722 2010-15843 New Bern Air Show, Neuse River, NC, 37720-37722 2010-15844 Temporary Suspension: Certain Oil Spill Response Time Requirements to Support Deepwater Horizon Oil Spill of National Significance

(SONS)Response, 37712-37720 2010-16005 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Request for Public Comment to Inform Development of National Export Initiative Plan, 37756-37757 2010-15934 Community Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37880 2010-15897 Defense Defense Department NOTICES Meetings: Military Leadership Diversity Commission; Correction, 37765 2010-15907 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37765-37766 2010-15915 2010-15916 Applications for New Awards for Fiscal Year

(FY)2010: Centers of Excellence for Veteran Student Success, 37776-37779 2010-15919 Teachers for a Competitive Tomorrow; Programs for Master's Degrees in Science, Technology, Engineering, Mathematics, etc., 37767-37771 2010-15922 Transition Programs for Students with Intellectual Disabilities into Higher Education, etc., 37771-37776 2010-15927 Applications for New Awards Using Fiscal Year

(FY)2009 Funds: Smaller Learning Communities Program; Correction, 37779-37780 2010-15917 Proposed Waivers and Extensions of Project Periods: Education Department General Administrative Regulations (EDGAR), 37780-37781 2010-15921 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Energy Employees Occupational Illness Compensation Program Act of 2000: Revision to List of Covered Facilities, 37781-37782 2010-15903 Meetings: DOE/NSF Nuclear Science Advisory Committee, 37783-37784 2010-15920 Environmental Management Site-Specific Advisory Board, Paducah, 37782-37783 2010-15905 National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, 37783 2010-15985 EPA Environmental Protection Agency RULES Disapproval of California State Implementation Plan Revisions: Monterey Bay Unified Air Pollution Control District, 37727-37730 2010-15759 Exemption from Requirement of Tolerance: Pasteuria Usgae, 37734-37737 2010-15465 National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries; Correction, 37730-37732 2010-15889 National Emission Standards: Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; Correction, 37732-37733 2010-15886 OMB Approvals Under the Paperwork Reduction Act; Technical Amendment, 37722-37727 2010-15863 Regulation of Fuels and Fuel Additives: Modifications to Renewable Fuel Standard Program; Partial Withdrawal of Rule, 37733 2010-15881 Temporary Suspension: Certain Oil Spill Response Time Requirements to Support Deepwater Horizon Oil Spill of National Significance

(SONS)Response, 37712-37720 2010-16005 Time-Limited Tolerances: 1-Naphthaleneacetic Acid; Technical Correction, 37738-37739 2010-15882 NOTICES Antimicrobial Registration Review Final Work Plan and Proposed Registration Review Decision: Lauryl Sulfate Salts, 37790-37792 2010-15210 Application for Emergency Exemption: Formaldehyde Gas, 37792-37793 2010-15755 Meetings: Science Advisory Board Ecological Processes and Effects Committee, 37793-37794 2010-15896 Public Teleconference: Air Quality Modeling Subcommittee of the Advisory Council on Clean Air Compliance Analysis, 37794-37795 2010-15894 Receipt and Status Information: Certain New Chemicals, 37795-37799 2010-15648 Transfer of Data: Dynamac Corporation, 37799-37800 2010-15456 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes, 37708-37711 2010-15819 Automatic Dependent Surveillance: Broadcast (ADS-B) Out Performance Requirements To Support Air Traffic Control

(ATC)Service; Correction, 37711-37712 2010-15852 Broadcast (ADS-B) Out Performance Requirements To Support Air Traffic Control

(ATC)Service; Technical Amendment, 37712 2010-15853 NOTICES Petitions for Exemption; Summary of Petitions Received, 37879 2010-15854 FCC Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37800-37802 2010-15788 2010-15789 2010-15790 Meetings: Advisory Committee for the 2012 World Radiocommunication Conference, 37802-37803 2010-15951 Petition for Expedited Clarification and Declaratory Ruling: Global Tel Link Corp.; Applicability of Telephone Consumer Protection Act and Federal Communications Commission Rules, 37803-37804 2010-15950 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations: South Dakota, 37822 2010-15866 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities, 37884-37916 2010-15735 NOTICES Applications: Dominion Transmission, Inc., 37784 2010-15835 Union Electric Company dba AmerenUE, 37784-37785 2010-15839 Baseline Filing: Crosstex LIG, LLC, 37786 2010-15840 Crosstex North Texas Pipeline, L.P., 37785-37786 2010-15841 DCP Guadalupe Pipeline, LLC, 37786 2010-15838 Louisville Gas and Electric Co., 37785 2010-15832 Washington 10 Storage Corp., 37786-37787 2010-15836 Combined Filings, 37787-37788 2010-15850 Declaration of Intention and Soliciting Comments, Protests, and/or Motions to Intervene: Antrim Treatment Trust, 37788-37789 2010-15834 Filings: Orlando Utilities Commission, 37789-37790 2010-15833 Public Service Company of Colorado, 37790 2010-15837 Intent to Issue a Supplemental Environmental Assessment: Mahoning Creek Hydroelectric Company, LLC; Proposed Mahoning Creek Hydroelectric Project, 37790 2010-15842 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37874 2010-15891 Buy America Waiver Notification, 2010-15799 37874-37878 2010-15810 2010-15847 2010-15849 Final Federal Agency Actions on Proposed Highway in California, 37878-37879 2010-15868 FMC Federal Maritime Commission NOTICES Agreements Filed, 37805 2010-15948 Ocean transportation Intermediary Licenses; Applicants, 37805-37806 2010-15946 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 37804 2010-15860 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 37804-37805 2010-15786 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies Engaged in Permissible Nonbanking Activities, 37805 2010-15861 FTC Federal Trade Commission NOTICES Analysis of Proposed Consent Order to Aid Public Comment: Twitter, Inc., 37806-37808 2010-15827 Fiscal Fiscal Service NOTICES Contract Disputes Act: Prompt Payment Interest Rate, 37881 2010-16050 Surety Companies Acceptable on Federal Bonds—Change in Business Address and Redomestication: Safeco National Insurance Co., 37881 2010-15613 Surety Companies Acceptable on Federal Bonds—Change in State of Incorporation: United States Fidelity and Guaranty Co., 37881 2010-15614 Fish Fish and Wildlife Service RULES Subsistence Management Regulations for Public Lands in Alaska (2010-11 and 2011-12): Subsistence Taking of Wildlife Regulations; Subsistence Taking of Fish on the Yukon River Regulations, 37918-37969 2010-15195 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance for Industry Entitled Hypertension Indication; Drug Labeling for Cardiovascular Outcome Claims, 37816-37818 2010-15859 Public Workshop: Issues in the Design and Conduct of Clinical Trials for Antibacterial Drug Development, 37818-37819 2010-15814 Food Food Safety and Inspection Service NOTICES Meetings: Measuring Progress on Food Safety; Current Status and Future Directions, 37752-37753 2010-15813 Nominations for Membership: National Advisory Committee on Microbiological Criteria for Foods, 37754-37756 2010-15812 Foreign Foreign Assets Control Office NOTICES Blocking of Specially Designated National Pursuant to Executive Order (13413), 37880-37881 2010-15826 Forest Forest Service RULES Subsistence Management Regulations for Public Lands in Alaska (2010-11 and 2011-12): Subsistence Taking of Wildlife Regulations; Subsistence Taking of Fish on the Yukon River Regulations, 37918-37969 2010-15195 NOTICES Environmental Impact Statements; Availability, etc.: White River National Forest, Colorado, Oil and Gas Leasing, 37749-37752 2010-15871 Meetings: Gallatin County Resource Advisory Committee, 37754 2010-15563 Lawrence County Recource Advisory Committee, 37753-37754 2010-15870 Prince of Wales Resource Advisory Committee, 37753 2010-15944 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37808-37812 2010-15800 2010-15805 2010-15806 Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort, 37812 2010-15930 Meetings: Secretary's Advisory Committee on Human Research Protections, 37813-37814 2010-15807 Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2020, 37813 2010-15929 Statement of Organization, Functions, and Delegations of Authority: Center for Faith-Based and Neighborhood Partnerships; Office of Health Reform, 37814 2010-15858 Health Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37815-37816 2010-15830 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Administrative Process for Seizures and Forfeitures Under the Immigration and Nationality Act and Other Authorities, 37707-37708 2010-15580 NOTICES Proposed Information Quality Guidelines Policy, 37819 2010-15926 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Choice Voucher Program; Application, Allowances for Tenant-Furnished Utilities, Inspections, Financial Reports, etc., 37825-37826 2010-15874 Indian Housing Block Grant Program (Combined and Simplified Indian Housing Plan, etc.); Withdrawal, 37826-37827 2010-15875 Minimum Property Standards for Multifamily and Care-type Facilities, 37825 2010-15873 Regulatory Waiver Requests Granted for the First Quarter of Calendar Year (2010), 37827-37837 2010-15876 Industry Industry and Security Bureau PROPOSED RULES Export Administration Regulations: Addition of New Export Control Classification Number 6A981; Passive Infrasound Sensors, 37742-37744 2010-15928 Interior Interior Department See Fish and Wildlife Service International International Trade Administration NOTICES Extension of Time Limits for Final Results of 2008-2009 Administrative Review: Frozen Warmwater Shrimp from Socialist Republic of Vietnam, 37757 2010-15954 Initiation and Preliminary Results of Changed-Circumstances Review: Frozen Warmwater Shrimp from Vietnam, 37757-37759 2010-15925 Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 37759-37765 2010-15955 Justice Justice Department NOTICES Lodging of Consent Decree Under the Clean Water Act, 37837-37838 2010-15808 2010-15809 Labor Labor Department See Labor Statistics Bureau Labor Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37838-37840 2010-15865 2010-15869 NIH National Institutes of Health NOTICES Meetings: National Institute of Neurological Disorders and Stroke, 37818 2010-15899 National Institute on Alcohol Abuse and Alcoholism, 37818 2010-15610 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of Northeastern United States: Atlantic Mackerel, Squid, and Butterfish Fisheries; Adjustment to Loligo Trimester 2 and 3 Quota, 37739 2010-15933 PROPOSED RULES Fisheries of the Northeastern United States: Magnuson-Stevens Fishery Conservation and Management Act Provisions; Surfclam and Ocean Quahog Fishery, 37745-37748 2010-15770 Fisheries off West Coast States; Pacific Coast Groundfish Fishery Management Plan: Amendments 20 and 21; Trawl Rationalization Program; Correction, 37744-37745 2010-15932 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37840-37842 2010-15884 2010-15888 Issuance of Regulatory Guide, 37842 2010-15883 Pension Pension Benefit Guaranty Corporation NOTICES Privacy Act; Systems of Records, 37842-37856 2010-15872 Presidential Presidential Documents ADMINISTRATIVE ORDERS Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010; Implementation Guidance (Memorandum of June 25, 2010), 37971-37973 2010-16128 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Applications: Lazard Global Total Return and Income Fund, Inc., et al., 37856-37860 2010-15887 Order of Suspension of Trading: Aris Industries, Inc., 37860-37861 2010-16000 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX BX, Inc., 37863-37864 2010-15823 National Stock Exchange, Inc., 37861-37863 2010-15822 NYSE AMEX LLC, 37870-37872 2010-15825 NYSE Arca, 37868-37870 2010-15824 NYSE Arca, Inc., 37866-37868 2010-15893 Options Clearing Corp., 37864-37866 2010-15892 SBA Small Business Administration NOTICES Interest Rates, 37872-37873 2010-15856 State State Department NOTICES Meetings: U.S. Advisory Commission on Public Diplomacy, 37873 2010-15895 Surface Surface Transportation Board NOTICES Discontinuance of Trackage Rights Exemption: Soo Line Railroad Co.; Wayne, Washtenaw, Oakland, Livingston, Ingham, Clinton, Eaton, Barry, et al. Counties, MI, etc., 37878 2010-15817 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board NOTICES Funding Availability: National Infrastructure Investments Under Transportation, Housing and Urban Development, and Related Agencies Appropriations Act (2010), 37873-37874 2010-15936 Treasury Treasury Department See Community Development Financial Institutions Fund See Fiscal Service See Foreign Assets Control Office U.S. U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Register Permanent Residence or Adjust Status, 37820-37821 2010-15857 Petition for Amerasian, Widow, or Special Immigrant, 37820 2010-15862 Petition for Nonimmigrant Worker, 37822 2010-15864 Petition to Remove Conditions on Residence, 37821 2010-15855 Customs U.S. Customs and Border Protection NOTICES Meetings: Advisory Committee on Commercial Operations of Customs and Border Protection, 37823 2010-15904 Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties, 37823-37825 2010-15909 Separate Parts In This Issue Part II Energy Department, Federal Energy Regulatory Commission, 37884-37916 2010-15735 Part III Agriculture Department, Forest Service, 37918-37969 2010-15195 Interior Department, Fish and Wildlife Service, 37918-37969 2010-15195 Part IV Presidential Documents, 37971-37973 2010-16128 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 125 Wednesday, June 30, 2010 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 8 CFR Part 274 19 CFR Part 162 [USCBP-2006-0122; CBP Dec. 10-24] RIN 1651-AA58 Administrative Process for Seizures and Forfeitures Under the Immigration and Nationality Act and Other Authorities AGENCY: Office of the Secretary, DHS. ACTION: Final rule. SUMMARY: On February 19, 2008, the Department of Homeland Security issued an interim final rule that consolidated the asset seizure and forfeiture procedures for customs and immigration purposes. The interim final rule primarily aligned forfeiture procedures to allow petitioners to seek remission of seized property before the completion of the forfeiture process. The interim final rule also made technical and conforming changes to update the regulations. This final rule adopts, without change, the interim final rule. DATES: This final rule is effective June 30, 2010. FOR FURTHER INFORMATION CONTACT: For CBP: Charles Ressin, Penalties Branch, U.S. Customs and Border Protection

(202)325-0050. For ICE: Jason J. Johnsen, Writer/Editor, Office of Policy, U.S. Immigration and Customs Enforcement,

(202)732-4245. SUPPLEMENTARY INFORMATION: Background On November 25, 2002, the President signed into law the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135 (HSA). As a result, on March 1, 2003, the former Immigration and Nationalization Service

(INS)of the Department of Justice and the former U.S. Customs Service of the Department of the Treasury were transferred to the Department of Homeland Security

(DHS)and reorganized to become the U.S. Citizenship and Immigration Services (USCIS), the Bureau of Immigration and Customs Enforcement (ICE), and the Bureau of Customs and Border Protection (CBP). 1 1 DHS subsequently changed the name of the Bureau of Customs and Border Protection to U.S. Customs and Border Protection, and the Bureau of Immigration and Customs Enforcement to U.S. Immigration and Customs Enforcement on March 31, 2007 ( *see* 72 FR 20131, dated April 23, 2007). After passage of the HSA, both CBP and ICE retained authority to perform asset seizures and forfeitures under the provisions of 8 CFR part 274 and 19 CFR parts 162 and 171. For the purpose of improved efficiency, DHS consolidated the processing of asset forfeitures into CBP's operations. The regulations in titles 8 and 19, however, provided two different procedures. Pursuant to the provisions of section 618 of the Tariff Act of 1930, as amended (19 U.S.C. 1618), petitions for remission of forfeitures were accepted by CBP prior to initiation of any administrative or judicial forfeiture process. In contrast, the regulations adopted under section 274(b) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1324(b) (INA)), provided that the remission or mitigation of such forfeitures could occur only after completion of the forfeiture process despite the fact that this restriction was not imposed by statute. Interim Final Rule On February 19, 2008, DHS issued an interim final rule amending DHS regulations to consolidate the procedures for processing administrative seizures and forfeitures and to make technical and conforming changes to the regulations. The interim final rule was published in the **Federal Register** at 73 FR 9010. Specifically, the interim final rule revised the text of 8 CFR 274.1 to provide that all seizures and forfeitures will be administered in accordance with 19 CFR parts 162 and 171. As a result, the procedures previously used for immigration-related forfeitures were eliminated and all asset forfeiture proceedings are now conducted under a consolidated procedure. The change permits CBP to entertain petitions for remission and return of seized property prior to completing the forfeiture process, regardless of whether the seizure was made under customs or immigration laws, and regardless of whether it was made by CBP or ICE. Additionally, the interim final rule revised the text of 8 CFR 274.2 to provide the Chief, Office of Border Patrol or his designees, with the same powers that are provided to Fines, Penalties and Forfeitures Officers in 19 CFR parts 162 and 171, for purposes of administering seizures and forfeitures made by Border Patrol Officers. The interim final rule also amended the text of 19 CFR sections 162.21, 162.91, and 162.92 by replacing outdated references to Customs, the Customs Service, or legacy Customs officials with updated references to CBP, ICE, or the appropriate CBP or ICE officials. Additionally, the reference to section 460 of the Tariff Act of 1930, as amended (19 U.S.C. 1460) was removed from 19 CFR 162.22

(d)because it had been repealed by Public Law 99-570, title III, section 3115(b), Oct. 27, 1986, 100 Stat. 3207-82 and the paragraphs of section 162.22 were redesignated accordingly. The interim final rule requested public comments. The prescribed comment period closed on April 21, 2008. Only one comment was received and its contents were beyond the scope of the interim final rule. Conclusion Accordingly, this rule adopts as a final rule, without change, the interim final rule published on February 19, 2008. Administrative Procedure Act This rule is procedural in nature and does not alter the substantive rights of the affected parties. Therefore, this rule is exempt from the public notice and comment requirements pursuant to 5 U.S.C. 553(b)(A). In addition, since this final rule adopts without change an interim final rule, which has been in effect since February 19, 2008, the delayed effective date requirement under 5 U.S.C. 553(d) is unnecessary and does not apply. Regulatory Requirements Executive Order 12866 This rule is not a significant regulatory action under Executive Order 12866. Regulatory Flexibility Act Because a notice of proposed rulemaking was not required for this rule, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. Paperwork Reduction Act DHS has determined that the collection of information required by this rule falls under the “administrative exception” to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The “administrative exception,” applies because any such collection is made during the conduct of administrative action taken by an agency against specific individuals or entities. 5 CFR 1320.4(a)(2). Signing Authority The authority to prescribe regulations to administer and enforce the immigration laws was transferred by the Homeland Security Act to the Secretary of Homeland Security. The signing authority for these amendments, therefore, falls under 8 CFR 2.1. List of Subjects 8 CFR Part 274 Administrative practice and procedure, Seizures and forfeitures, Conveyances. 19 CFR Part 162 Administrative practice and procedure, Customs duties and inspection, Law enforcement, Penalties, Prohibited merchandise, Reporting and recordkeeping requirements, Seizures and forfeitures. Amendments Accordingly, the interim final rule amending part 274 of title 8 of the Code of Federal Regulations (8 CFR part 274) and part 162 of title 19 of the Code of Federal Regulations (19 CFR part 162), which was published in the **Federal Register** at 73 FR 9010 on February 19, 2008, is adopted as a final rule without change. Dated: June 22, 2010. Janet Napolitano, Secretary. [FR Doc. 2010-15580 Filed 6-29-10; 8:45 am]

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