Unknown. Final rule

3,652 words·~17 min read·/register/2010/10/15/2010-25521·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-10-15.xml --- 75 199 Friday, October 15, 2010 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agency Agency for Healthcare Research and Quality NOTICES Meetings: National Advisory Council for Healthcare Research and Quality, 63497-63498 2010-25774 Patient Safety Organizations Voluntary Delisting, 63498-63499 2010-25771 Agriculture Agriculture Department See Food Safety and Inspection Service See Foreign Agricultural Service See Forest Service Army Army Department See Engineers Corps Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Bureau of Ocean Energy Management, Regulation and Enforcement RULES Safety and Environmental Management Systems:

Oil and Gas and Sulphur Operations in Outer Continental Shelf, 63610-63654 2010-25665 NOTICES Environmental Impact Statements; Availability, etc.: Outer Continental Shelf, Alaska OCS Region, Chukchi Sea Planning Area, Oil and Gas Lease 193 Sale, 63504-63505 2010-25938 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63485-63486 2010-25916 Meetings: Advisory Council for the Elimination of Tuberculosis, 63496 2010-25915 Partnerships to Advance the National Occupational Research Agenda, 63495-63496 2010-25973 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63482-63485 2010-25943 2010-25932 2010-25934 Delegation of Authorities, 63480 2010-25976 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Child Care and Development Block Grant Reporting Requirements, 63488 2010-26052 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Hackensack River, Jersey City, NJ, 63398-63399 2010-25920 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63438-63439 2010-25985 2010-25986 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 63446-63447 2010-26046 Defense Defense Department See Engineers Corps RULES Civilian Health and Medical Program of the Uniformed Services: Inclusion of TRICARE Retail Pharmacy Program in Federal Procurement of Pharmaceuticals, 63383-63398 2010-25712 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Employment Employment and Training Administration NOTICES Amended Certifications Regarding Eligibility To Apply for Worker Adjustment Assistance:

Propex Operating Company, LLC, Bainbridge, GA, 63508 2010-26018 Warner Chilcott Pharmaceuticals, Inc., Norwich, NY, 63508-63509 2010-26017 Hewlett Packard - Enterprise Business Services, et al., Pontiac, MI, 63509 2010-26016 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 63509-63512 2010-26014 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 63512-63513 2010-26013 Revised Determinations on Reconsideration:

Modine Manufacturing Co., Pemberville, OH, 63513 2010-26015 Energy Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Fossil Fuel-Generated Energy Consumption Reduction for New Federal Buildings and Major Renovations of Federal Buildings, 63404-63419 2010-25852 NOTICES Meetings: DOE/NSF High Energy Physics Advisory Panel, 63450 2010-26004 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Medium Diversion with Dedicated Dredging at Myrtle Grove Feasibility Study, Plaquemines Parish, LA, 63447-63448 2010-25987 Sunridge Properties, Sunridge Specific Plan Area, Rancho Cordova, Sacramento County, CA, 63448-63449 2010-25989 Meetings:

Chief of Engineers Environmental Advisory Board, 63449 2010-25988 EPA Environmental Protection Agency NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipt, 63469-63470 2010-26073 Meetings: FIFRA Scientific Advisory Panel; Cancellation, 63470 2010-25910 National and Governmental Advisory Committees to U.S. Representative to Commission for Environmental Cooperation, 63470-63471 2010-26065 Teleconference: Clean Air Scientific Advisory Committee, 63471-63472 2010-26066 Equal Equal Employment Opportunity Commission NOTICES SES Performance Review Board;

Appointment of Members, 63472 2010-25782 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Model BD 700 1A10 and BD 700 1A11 Airplanes, 63420-63422 2010-25921 Embraer; Empresa Brasileira de Aeronautica S.A. Model EMB-500 Airplanes, 63422-63424 2010-25924 Flightcrew Member Duty and Rest Requirements, 63424-63425 2010-26142 NOTICES Meetings: Special Committee 222; Inmarsat Aeronautical Mobile Satellite (Route) Services, 63534-63535 2010-25981 Request For Public Comment:

Morgantown Municipal Airport, Morgantown, WV, 63540 2010-25980 FCC Federal Communications Commission RULES FM Table of Allotments: Culebra, Puerto Rico, Charlotte Amalie and Christiansted, Virgin Islands, 63402 2010-25929 PROPOSED RULES Radio Broadcasting Services: Willow Creek, CA, 63431-63432 2010-26061 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63472-63475 2010-25925 2010-25926 2010-25927 Petitions for Reconsideration of Action in Rulemaking Proceeding, 63475 2010-26059 Radio Broadcasting Services:

AM or FM Proposals To Change The Community of License, 63475-63476 2010-25928 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 63399-63402 2010-26051 NOTICES Major Disaster Declarations: Illinois; Amendment No. 3, 63500 2010-26053 Iowa; Amendment No. 10, 63500 2010-26057 Major Disasters and Related Determinations: Virgin Islands, 63500-63501 2010-26054 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: ANR Pipeline Co., 63451-63452 2010-25954 Wilkesboro Hydroelectric Co., 63450-63451 2010-25960 Baseline Filings:

Lobo Pipeline Company LP, 63452 2010-25963 ONEOK Gas Storage, L.L.C., 63452 2010-25964 Combined Filings, 63452-63462 2010-26040 2010-26041 2010-26042 2010-26043 2010-26044 Docket Designation for Smart Grid Interoperability Standards, 63462 2010-25965 Environmental Assessments; Availability, etc.: MARC I Hub Line Project, Central New York Oil and Gas Co., LLC, 63462-63465 2010-25966 Filings: Hill-Lake Gas Storage, LLC, 63465 2010-25962 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Ashtabula Wind III, LLC, 63466 2010-25956 LSP Safe Harbor Holdings, LLC, 63465-63466 2010-25957 Market-Based Rate Filings: Flat Water Wind Farm, LLC, 63466 2010-25958 Petitions: Sawgrass Storage LLC, 63466-63467 2010-25953 Preliminary Permit Applications: Lanai Hydro, LLC, 63467-63468 2010-25961 Records Governing Off-the-Record Communications, 63468 2010-26039 Revocation of Market-Based Rate Tariffs: BM2 LLC, DJGW LLC, 63468-63469 2010-25955 Staff Attendances: Southwest Power Pool Regional State Committtee, etc., 63469 2010-25959 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Cameron County; TX, 63533-63534 2010-25972 FMC Federal Maritime Commission NOTICES Ocean Transportation Intermediary License; Applicants, 63476 2010-25935 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 63536-63540 2010-26056 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 63535-63536 2010-26012 FTC Federal Trade Commission PROPOSED RULES Guides for Use of Environmental Marketing Claims:

Proposed Revisions to Guidelines, 63552-63607 2010-25000 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63476-63478 2010-25983 Financial Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bank Secrecy Act Suspicious Activity Report Database Proposed Data Fields, 63545-63550 2010-26038 Fish Fish and Wildlife Service NOTICES Comprehensive Conservation Plans and Environmental Assessments:

Sonny Bono Salton Sea National Wildlife Refuge Complex, Imperial and Riverside Counties, CA, 63502-63503 2010-25923 Final Comprehensive Conservation Plans and Findings of No Significant Impact: Crane Meadows National Wildlife Refuge, Morrison County, MN, 63505 2010-25971 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Product Jurisdiction; Assignment of Agency Component for Review of Premarket Applications, 63489 2010-25975 Food Food Safety and Inspection Service NOTICES Committee Reestablishment:

National Advisory Committee on Microbiological Criteria for Foods, 63433-63434 2010-26021 Compliance Guides; Availability, etc.: Use of Video or Other Electronic Monitoring or Recording Equipment in Federally Inspected Establishments, 63434 2010-26027 Foreign Foreign Agricultural Service NOTICES Trade Adjustment Assistance for Farmers, 63437-63438 2010-26008 2010-26011 Foreign Foreign-Trade Zones Board NOTICES Site Renumberings: Foreign-Trade Zone 86, Tacoma, WA, 63445 2010-26064 Forest Forest Service NOTICES Environmental Impact Statements;

Availability, etc.: Grizzly Vegetation and Transportation Management Project, Kootenai National Forest; Lincoln County, MT, 63434-63436 2010-25969 Meetings: Del Norte Resource Advisory Committee, 63437 2010-25970 Glenn/Colusa County Resource Advisory Committee, 63436-63437 2010-26010 Nevada and Placer Counties Resourse Advisory Committee, 63436 2010-25995 West Virginia Resource Advisory Committee, 63436 2010-25940 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES Countermeasures Injury Compensation Program;

Administrative Implementation, 63656-63688 2010-25110 NOTICES 5th Annual PHEMCE Stakeholders Workshop and BARDA Industry Day, 63478 2010-26047 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63478-63480 2010-25917 2010-25918 Delegation of Authorities, 63480 2010-25976 Medicaid Program: Implementation of Section 614 of the Children's Health Insurance Program Reauthorization Act of 2009, etc., 63480-63482 2010-25977 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Buy American Exceptions under the American Recovery and Reinvestment Act of 2009, 63501 2010-26055 Federal Property Suitable as Facilities to Assist Homeless, 63501-63502 2010-25763 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See National Park Service IRS Internal Revenue Service RULES Exclusions From Gross Income of Foreign Corporations;

Correction, 63380 2010-25950 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63541-63545 2010-25945 2010-25946 2010-25947 2010-25948 2010-25944 International International Trade Administration NOTICES Extension of Final Results of Antidumping Duty Administrative Reviews: Certain Welded Carbon Steel Standard Pipes and Tubes from India, 63439-63440 2010-26060 Extension of Preliminary Results of Antidumping Duty New Shipper Reviews: Wooden Bedroom Furniture from People's Republic of China;

Correction, 63440 2010-26069 Extension of Time for Final Results of Antidumping Duty Administrative Reviews: Pure Magnesium from the People's Republic of China, 63440 2010-26067 Extension of Time Limits for Preliminary Results of Antidumping Duty Administrative Reviews: Certain Preserved Mushrooms from People's Republic of China, 63440-63441 2010-26093 Rescission of Antidumping Duty Administrative Reviews: Glycine from People's Republic of China, 63444-63445 2010-26087 Joint Joint Board for Enrollment of Actuaries NOTICES Renewal of Advisory Committee on Actuarial Examinations, 63505-63506 2010-25951 Justice Justice Department NOTICES Lodging of Consent Decrees under the Clean Air Act, Clean Water Act, et al., 63506 2010-25930 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration See Workers Compensation Programs Office Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Solar Millennium; Amargosa Farm Road Solar Power Project; Nye County, NV, 63503-63504 2010-25859 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Meetings; Sunshine Act, 63513-63514 2010-25779 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63514 2010-26058 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

Arts Advisory Panel, National Endowment for the Arts, 63516 2010-25993 Humanities Panel, 63514-63516 2010-26007 Meetings; Sunshine Act:, 63516-63517 2010-26005 National Indian National Indian Gaming Commission NOTICES Environmental Impact Statements; Availability, etc.: Federated Indians of the Graton Rancheria Casino and Hotel, Sonoma County, CA, 63517 2010-26074 National Institute National Institute of Standards and Technology NOTICES Prospective Grant of Exclusive Patent License, 63443-63444 2010-26072 NIH National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Multi-Ethnic Study of Atherosclerosis Event Surveillance, 63488-63489 2010-26030 National Epidemiologic Survey on Alcohol and Related Conditions - III, 63490-63491 2010-26022 NIH Office of Intramural Training & Education Application, 63489-63490 2010-25708 Meetings: Center for Scientific Review, 63492, 63494 2010-26028 2010-26033 Eunice Kennedy Shriver National Institute of Child & Human Development, 63498 2010-26029 National Cancer Institute, 63493-63495 2010-26032 2010-26035 National Center for Complementary and Alternative Medicine, 63498 2010-26026 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 63492-63493, 63496 2010-26068 2010-26070 National Institute of Diabetes and Digestive and Kidney Diseases, 63495 2010-26031 National Institute of General Medical Sciences, 63493, 63497 2010-26037 2010-26075 National Institute on Aging, 63497 2010-26076 National Institute on Alcohol Abuse and Alcoholism, 63494 2010-26034 National Institute on Drug Abuse, 63491-63492, 63498 2010-26024 2010-26025 Office of the Director;

National Institutes of Health, 63493 2010-26036 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Vessels Catching for Processing by the Inshore Component in the Western Regulatory Area of the Gulf of Alaska, 63402-63403 2010-26045 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NOAA Teacher at Sea Alumni Survey, 63439 2010-25992 Interagency Ocean Observation Committee Proposed Certification Design Process;

Availability, 63441 2010-26003 Meetings: Marine Protected Areas, 63443 2010-26002 Pacific Fishery Management Council, 63441-63443 2010-25979 Vessel Monitoring Systems: Approved Mobile Transmitting Units and Communications Service Providers in Fisheries of Western and Central Pacific, 63445-63446 2010-26071 National Park National Park Service PROPOSED RULES Historic Preservation Certifications for Federal Income Tax Incentives, 63428-63431 2010-25853 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63517-63518 2010-26020 Nuclear Nuclear Regulatory Commission NOTICES Environmental Assessments and Findings of No Significant Impact; Availability: License Amendment No. 61 for Rio Algom Mining LLC; Ambrosia Lake, NM, 63518-63519 2010-25996 Environmental Assessments; Availability, etc.: Proposed License Renewal, Nuclear Fuel Services, Inc., Erwin, TN, 63519-63521 2010-25997 Environmental Impact Statements; Availability, etc.: PSEG Power, LLC and PSEG Nuclear, LLC;

Permit Application, 63521-63523 2010-25998 Occupational Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Logging Operations, 63506-63508 2010-25978 Pension Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Paying Benefits, 63380-63382 2010-26081 Personnel Personnel Management Office NOTICES Excepted Service Appointments, 63523-63524 2010-26084 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings:

International Standards on the Transport of Dangerous Goods, 63534 2010-25913 Presidential Presidential Documents PROCLAMATIONS Special Observances: Columbus Day (Proc. 8584), 63693-63694 2010-26219 National School Lunch Week (Proc. 8583), 63689-63692 2010-26218 Railroad Railroad Retirement Board NOTICES Computer Matching and Privacy Protection Act of 1988: Report of Matching Program; RRB and State Medicare Agencies, 63524-63525 2010-25974 SEC Securities and Exchange Commission NOTICES Orders of Suspension of Trading:

Camera Platforms International, Inc.; Castleguard Energy, Inc.; CD Warehouse, Inc. et al., 63526 2010-26123 Self-Regulatory Organizations; Proposed Rule Changes: BATS Y-Exchange, Inc., 63528-63530 2010-25952 NASDAQ OMX PHLX LLC, 63526-63528 2010-25984 NYSE Arca, Inc., 63530-63532 2010-25949 SBA Small Business Administration PROPOSED RULES Surety Bond Guarantee Program; Timber Sales, 63419-63420 2010-25999 NOTICES Meetings: Audit and Financial Management Advisory, 63525-63526 2010-26000 State State Department NOTICES Designation of Armed Islamic Group and All Associated Aliases as a Foreign Terrorist Organization, 63532 2010-26082 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63486-63488 2010-26077 Surface Surface Transportation Board NOTICES Acquisition and Operation Exemptions: Lancaster and Chester Railroad, LLC, Lancaster & Chester Railway Co., 63532-63533 2010-25939 Continuance in Control Exemptions: Gulf and Ohio Railways Holding Co., Inc., et al., 63533 2010-25937 Trackage Rights Exemptions: Norfolk Southern Railway Co.; Illinois Central Railroad Co., 63540-63541 2010-26009 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Sensitive Security Information Threat Assessments, 63499-63500 2010-25931 Treasury Treasury Department See Financial Crimes Enforcement Network See Internal Revenue Service RULES Financial Crimes Enforcement Network: Amendment to the Bank Secrecy Act Regulations; Defining Mutual Funds as Financial Institutions, 63382-63383 2010-25886 NOTICES Meetings: Debt Management Advisory Committee, 63541 2010-25769 Workers' Workers Compensation Programs Office RULES Technical Amendment, 63379-63380 2010-25521 PROPOSED RULES Regulations implementing the Longshore and Harbor Workers' Compensation Act:

Recreational Vessels, 63425-63428 2010-25895 Separate Parts In This Issue Part II Federal Trade Commission, 63552-63607 2010-25000 Part III Interior Department, Bureau of Ocean Energy Management, Regulation and Enforcement, 63610-63654 2010-25665 Part IV Health and Human Services Department, 63656-63688 2010-25110 Part V Presidential Documents, 63689-63694 2010-26219 2010-26218 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. 75 199 Friday, October 15, 2010 Rules and Regulations DEPARTMENT OF LABOR Office of Workers' Compensation Programs 20 CFR Chapter VI RIN 1290-AA24 Technical Amendment AGENCY: Office of Workers' Compensation Programs, Labor. ACTION:

Final rule. SUMMARY: The Department of Labor is revising its regulations to reflect the Secretary's delegation of authority to administer the Longshore and Harbor Workers Compensation Act and its extensions (LHWCA) and the Black Lung Benefits Act

(BLBA)to the Director, Office of Workers' Compensation Programs (OWCP). This authority previously resided with the Employment Standards Administration (ESA), which has now been dissolved. DATES: Effective October 15, 2010. FOR FURTHER INFORMATION CONTACT: Shelby Hallmark, Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Room S-3524, 200 Constitution Avenue, NW., Washington, DC 20210. *Telephone:*

(202)693-0031 (this is not a toll-free number). TTY/TDD callers may dial toll free 1-800-877-8339 for further information. SUPPLEMENTARY INFORMATION: I. Background of This Rulemaking Prior to November 8, 2009, the Secretary had delegated her statutory authority to administer the LHWCA and the BLBA to the Assistant Secretary for the Employment Standards Administration. Secretary's Order 13-71, 36 FR 8755 (May 12, 1971). The Assistant Secretary, in turn, delegated authority to administer both programs to OWCP, one of ESA's sub-agencies. On November 8, 2009, the Secretary dissolved ESA into its constituent components. *See* Secretary's Order 10-2009, 74 FR 58834 (Nov. 13, 2009). The Secretary then delegated her authority to administer the LHWCA and the BLBA directly to the Director, OWCP. *Id.* The changes made by this rule simply reflect this administrative reorganization and do not change any substantive rule governing administration of these statutes. II. Summary of the Rule A. Revision of 20 CFR Chapter VI Heading This rule revises the heading of 20 CFR chapter VI, which contains regulations governing the administration of the LHWCA and the BLBA. (A full list of citations for the statutes addressed by 20 CFR chapter VI is set forth at 20 CFR 701.101.) The rule replaces the title “Employment Standards Administration, Department of Labor” with “Office of Workers' Compensation Programs, Department of Labor.” The heading change reflects the abolition of ESA and the Secretary's current delegation of administrative authority over the LHWCA and the BLBA to OWCP. B. Section 701.201 Office of Workers' Compensation Programs This rule has been revised to remove references and cross-references to the now-dissolved ESA and to clarify the Secretary's delegation of authority for the administration of the LHWCA and the BLBA to OWCP. III. Statutory Authority Section 39(a) of the LHWCA (33 U.S.C. 939(a)) and sections 411(b) and 426(a) of the BLBA (30 U.S.C. 921(b) and 936(a)); 5 U.S.C. 301 (Departmental Regulations); 29 U.S.C. 551 *et seq.* (Establishment of Department; Secretary; Seal); and Reorganization Plan No. 6 1950 (5 U.S.C. App. 1 Reorg. Plan 6 1950) authorize the Secretary of Labor to prescribe rules and regulations necessary for the administration and enforcement of the LHWCA and the BLBA. IV. Rulemaking Analyses Administrative Procedure Act Section 553 of the Administrative Procedure Act

(APA)exempts “rules of agency organization, procedure, or practice” from proposed rulemaking ( *i.e.,* notice-and-comment rulemaking). 5 U.S.C. 553(b)(3)(A). Rules are also exempt when an agency finds “good cause” that notice and comment rulemaking procedures would be “impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C. 553(b)(3)(B). An agency may similarly make the rule effective upon publication when it determines that delaying the effective date of the rule, as normally required by 5 U.S.C. 553, is unnecessary and good cause exists to make the rule effective immediately. 5 U.S.C. 553(d)(3). Here, the Department has determined that this rulemaking meets the notice-and-comment exemption requirements in 5 U.S.C. 553(b)(3)(A) and (b)(3)(B). The Department's revisions to the 20 CFR chapter VI heading and § 701.201 pertain solely to the delegation of administrative authority within the Department, and do not alter any substantive standard. The Department does not believe public comment is necessary for these minor revisions. For these reasons, the Department also finds that good cause exists under 5 U.S.C. 553(d)(3) to make the revisions effective immediately upon publication in the **Federal Register** . Regulatory Flexibility Act Because the Department has concluded that this action is not subject to the Administrative Procedure Act's proposed rulemaking requirements, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Unfunded Mandates Reform Act This action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate (2 U.S.C. 1531 *et seq.* ). Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). Executive Order 12866 This action is not a “significant regulatory action” and is therefore not subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735 (Oct. 4, 1993)). Executive Order 13132 (Federalism) The Department has reviewed this proposed rule in accordance with Executive Order 13132 regarding federalism, and has determined that it does not have “federalism implications.” The rule will not “have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” Executive Order 12988 (Civil Justice Reform) This rule meets the applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. List of Subjects in 20 CFR Part 701 Longshore and harbor workers, Organization and functions (government agencies), Workers' compensation. Based on the authority and reasons set forth in the preamble, 20 CFR chapter VI is amended to read as follows: CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR 1. Revise the chapter heading of 20 CFR chapter VI to read as shown above. PART 701—GENERAL; ADMINISTERING AGENCY; DEFINITIONS AND USE OF TERMS 2. The authority citation for part 701 is revised to read as follows: Authority: 5 U.S.C. 301 and 8171 *et seq.;* 33 U.S.C. 939; 36 D.C. Code 501 *et seq.;* 42 U.S.C. 1651 *et seq.;* 43 U.S.C. 1331; Reorganization Plan No. 6 of 1950, 15 FR 3174, 3 CFR, 1949-1953 Comp., p. 1004, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834 (Nov. 13, 2009). 3. Revise § 701.201 to read as follows: § 701.201 Office of Workers' Compensation Programs. The Office of Workers' Compensation Programs is responsible for administering the LHWCA and its extensions. Signed at Washington, DC, this 5th day of October 2010. Seth D. Harris, Deputy Secretary. [FR Doc. 2010-25521 Filed 10-14-10; 8:45 am]

Connectionstraces to 14

Traces to 14 documents

CFR