Unknown. Final rule; technical amendment

3,060 words·~14 min read·/register/2010/11/19/2010-29249

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-2010-11-19.xml --- 75 223 Friday, November 19, 2010 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Federal Crop Insurance Corporation See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70895-70896 2010-29161 2010-29162 Animal Animal and Plant Health Inspection Service RULES Karnal Bunt:

Regulated Areas in Arizona; California; and Texas; Correction, 70811 C1--2010--28347 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Johnes Disease, 70896-70897 2010-29254 South American Cactus Moth; Quarantine and Regulations, 70897-70898 2010-29251 Army Army Department NOTICES Grant of an Exclusive License for a U.S. Government-Owned Invention, 70915 2010-29206 Performance Review Board Membership, 70915 2010-29207 Surplus Properties, 70916 2010-29205 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 Reorganization of Title 30, Code of Federal Regulations;

Correction, 70814 C1--2010--24721 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70929-70930 2010-29240 Centers Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs: Changes to the Hospital and Critical Access Hospital Conditions of Participation to Ensure Visitation Rights for All Patients, 70831-70844 2010-29194 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 70926-70931 2010-29074 2010-29076 2010-29252 2010-29253 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ACF Program Instruction; Children's Justice Act, 70931-70932 2010-29189 Evaluation of Head Start Early Learning Mentor Coach Initiative, 70931 2010-29071 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 70898-70899 2010-29347 Coast Guard Coast Guard RULES Drawbridge Operation Regulations:

Upper Mississippi River, Dubuque, IA, 70817-70818 2010-29166 Traffic Separation Schemes: Strait of Juan de Fuca and its Approaches, et al., 70818-70831 2010-29165 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70938-70939 2010-29167 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70899-70900 2010-29157 2010-29184 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 70908-70910 2010-29241 2010-29242 Commodity Commodity Credit Corporation RULES Commodity Assessments; Loans, Purchases, and Other Operations, 70811-70812 2010-29249 Commodity Commodity Futures Trading Commission PROPOSED RULES Designation of a Chief Compliance Officer; Required Compliance Policies; etc., 70881-70888 2010-29021 Registration of Foreign Boards of Trade, 70974-70998 2010-29023 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Part 41 Relating to Security Futures Products, 70910-70911 2010-29232 Meetings; Sunshine Act, 70911 2010-29357 Consumer Consumer Product Safety Commission NOTICES Requirements for Accreditation of Third Party Conformity Assessment Bodies: Testing for Certain Childrens Products; Children's Sleepwear, Sizes 0 Through 6X and 7 Through 14, 70911-70914 2010-29209 Defense Defense Department See Army Department Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 70916 2010-29273 Employment Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Aging Worker Initiative, 70949-70950 2010-29202 Requests for Certifications of Compliance: Rural Industrialization Loan and Grant Program, 70950-70951 2010-29200 Energy Energy Department PROPOSED RULES Meetings: Energy Efficiency Program for Consumer Products, 70852-70854 2010-29208 EPA Environmental Protection Agency PROPOSED RULES Finding of Substantial Inadequacy of Implementation Plans:

Utah, 70888-70894 2010-29237 NOTICES Determinations: Prevention of Significant Deterioration Applicability; Carlsbad Energy Center Project, Carlsbad, CA, 70916-70917 2010-29222 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 70917-70918 2010-29227 Meetings: National Drinking Water Advisory Council, 70918-70919 2010-29239 SFIREG Full Committee, 70918 2010-29143 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness Directives:

Sikorsky Aircraft Corp. Model S-92A Helicopters, 70812-70814 2010-29201 PROPOSED RULES Airworthiness Directives: Boeing Co. Model 747 100, 747 100B, 747 100B SUD, 747 200B, 747 200C, 747 200F, etc. Series Airplanes, 70868-70871 2010-29236 Boeing Co. Model 747 Airplanes, 70863-70868 2010-29231 Fokker Services B.V. Model F.28 Mark 0100, 1000, 2000, 3000, and 4000 Airplanes, 70861-70863 2010-29228 Harmonization of Various Airworthiness Standards for Transport Category Airplanes - Flight Rules, 70854-70861 2010-29193 Photo Requirements for Pilot Certificates, 70871-70881 2010-29192 NOTICES Petitions for Exemption;

Summaries of Petitions Received, 70965-70966 2010-29195 2010-29196 Federal Contract Federal Contract Compliance Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70948-70949 2010-29218 Federal Crop Federal Crop Insurance Corporation PROPOSED RULES Common Crop Insurance Regulations: Extra Long Staple Cotton Crop Provisions, 70850-70852 2010-29250 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 70919 2010-29072 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 70919-70921 2010-29188 FTC Federal Trade Commission NOTICES Analysis of Proposed Agreement Containing Consent Orders: Simon Property Group, Inc., 70921-70923 2010-29163 Federal Transit Federal Transit Administration NOTICES Transit Asset Management Pilot Program, 70966-70969 2010-29176 Fiscal Fiscal Service RULES Regulations Governing Securities Held in Treasury Direct, 70814-70817 2010-28853 Fish Fish and Wildlife Service NOTICES Comprehensive Conservation Plan and Environmental Assessment:

Caddo National Wildlife Refuge; Harrison County, TX, 70945-70946 2010-29111 Endangered and Threatened Wildlife and Plants: Draft National Plan for Assisting States, Federal Agencies, and Tribes in Managing White-Nose Syndrome in Bats, 70946-70947 2010-29257 Meetings: Trinty Adaptive Management Working Group, 70947 2010-28928 Food Food and Drug Administration NOTICES Delegations of Authority, 70932 2010-29150 Meetings: Anesthetic and Life Support Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee;

Cancellation, 70932-70933 2010-29280 Cardiovascular and Renal Drugs Advisory Committee, 70933 2010-29278 Forest Forest Service NOTICES Meetings: Coconino Resource Advisory Committee, 70898 2010-29243 Health Health and Human Services Department 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 NOTICES Meetings: HIT Policy Committee, 70923-70924 2010-29219 HIT Policy Committee Workgroups, 70924-70925 2010-29220 HIT Standards Committee Advisory, 70923 2010-29217 HIT Standards Committee Workgroup, 70925 2010-29221 National Committee on Vital and Health Statistics, 70926 2010-29216 Technical Advisory Panel on Medicare Trustee Reports, 70925-70926 2010-29215 Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2011 Rental Housing Finance Survey, 70940-70941 2010-29276 Federal Housing Administration; Home Energy Retrofit Loan Pilot Program, 70941 2010-29274 Federal Property Suitable as Facilities to Assist the Homeless, 70941-70945 2010-28858 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Fish and Wildlife Service See Office of Natural Resources Revenue IRS Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 70970-70971 2010-29155 2010-29156 International International Trade Administration NOTICES Continuation of Antidumping and Countervailing Duty Orders: Certain Iron Construction Castings from Brazil, Canada, and the People's Republic of China, 70900-70901 2010-29265 Final Results of Antidumping Duty Administrative Reviews: Polyethylene Terephthalate Film, Sheet, and Strip from the Republic of Korea, 70901-70903 2010-29271 Meetings: President's Export Council, 70905-70906 2010-29272 Partial Rescission of the Third Antidumping Duty Administrative Review:

Certain Polyester Staple Fiber from the People's Republic of China, 70906-70907 2010-29262 Preliminary Results of Antidumping Duty Administrative Reviews: Certain Steel Threaded Rod from the People's Republic of China, 70908 2010-29266 Circular Welded Austenitic Stainless Pressure Pipe from the People's Republic of China, 70908 2010-29267 Justice Justice Department NOTICES Lodging of Consent Decrees Pursuant to Oil Pollution Act: United States, et al. v. Bouchard Transportation Co.

Inc., et al., 70947 2010-29158 Lodging of Proposed Consent Decrees Under the Resource Conservation and Recovery Act: United States et al. v. HPI Products, Inc., et al., 70947-70948 2010-29159 Labor Labor Department See Employment and Training Administration See Federal Contract Compliance Programs Office Maritime Maritime Administration NOTICES Environmental Assessments; Availability, etc.: California Green Trade Corridor Transportation Investment Generating Economic Recovery, 70962 2010-29173 NASA National Aeronautics and Space Administration NOTICES Meetings:

Commercial Space Committee, 70951 2010-29142 National National Council on Disability NOTICES Meetings; Sunshine Act, 70951 2010-29378 National Highway National Highway Traffic Safety Administration NOTICES Grant of Petitions for Decisions of Inconsequential Noncompliance: General Motors Corp., 70962-70963 2010-29170 Petition for Decision of Inconsequential Noncompliance: General Motors Corp., 70963-70965 2010-29168 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 70933-70934 2010-29198 National Center for Research Resources, 70934 2010-29197 NOAA National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Reporting of Sea Turtle Entanglement in Fishing Gear or Marine Debris, 70900 2010-29225 Marine Mammal Protection Act Petitions: Eastern North Pacific Gray Whale, 70903 2010-29259 Meetings: South Atlantic Fishery Management Council, 70904-70905 2010-29149 Nominations to the Marine Fisheries Advisory Committee, 70906 2010-29260 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Physics, 70951-70952 2010-29187 2010-29213 2010-29214 Nuclear Nuclear Regulatory Commission NOTICES Environmental Assessments;

Availability, etc.: Proposed License Renewal for Nuclear Fuel Services, Inc.; Erwin, TN, 70952-70953 2010-29364 Exemptions: Florida Power Corporation et al., Crystal River Unit 3 Nuclear Generating Plant, 70953-70955 2010-29212 Meetings: Advisory Committee on the Medical Uses of Isotopes, 70955 2010-29211 Office of Natural Resources Revenue RULES Reorganization of Title 30, Code of Federal Regulations; Correction, 70814 C1--2010--24721 Pension Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Liability for Termination of Single-Employer Plans, 70955-70956 2010-29154 Personnel Personnel Management Office PROPOSED RULES Absence and Leave; Qualifying Exigency Leave, 70845-70850 2010-29275 Postal Postal Regulatory Commission NOTICES Post Office Closing, 70956-70957 2010-29204 Presidential Presidential Documents PROCLAMATIONS Special Observances: America Recycles Day (Proc. 8601), 71003-71004 2010-29455 National Entrepreneurship Week (Proc. 8600), 70999-71002 2010-29453 Public Public Debt Bureau See Fiscal Service SECURITIES AND EXCHANGE Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Board Options Exchange, Inc., 70957-70961 2010-29160 State State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Voluntary Disclosures, 70961 2010-29230 Meetings: Advisory Committee on International Law, 70961-70962 2010-29229 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Fiscal Service See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 70969-70970 2010-29151 2010-29153 Customs U.S. Customs and Border Protection NOTICES Accreditation as a Commercial Laboratory: SEA, Ltd., 70934 2010-29177 Accreditations and Approvals as a Commercial Gauger and Laboratory: Camin Cargo Control, Inc., 70937-70938 2010-29174 Inspectorate America Corp., 70935-70938 2010-29172 2010-29178 2010-29179 2010-29180 2010-29181 Intertek USA, Inc., 70934-70936 2010-29164 2010-29182 2010-29183 2010-29185 Robinson International

(USA)Inc., 70937 2010-29175 Approval as a Commercial Gauger and Laboratory: Saybolt LP, 70939 2010-29169 Approval as a Commercial Gauger: Saybolt LP, 70939-70940 2010-29171 Veterans Veterans Affairs Department NOTICES Meetings: Special Medical Advisory Group, 70971 2010-29186 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 70974-70998 2010-29023 Part III Presidential Documents, 70999-71004 2010-29455 2010-29453 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. 75 223 Friday, November 19, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2009-0079] Karnal Bunt; Regulated Areas in Arizona, California, and Texas Correction In rule document 2010-28347 beginning on page 68942 in the issue of Wednesday, November 10, 2010, make the following corrections: § 301.89-3 [Corrected] 1. On page 68945, in § 301.89-3 paragraph (g), in the first column, under the California heading, in the 13th line, “114.647877” should read “-114.647877”. a. In the second column, in the 20th line from the top, “114.603889” should read “-114.603889”. b. In the 29th line from the bottom, “D10-11” should read “D-10-11”. c. In the 26th line from the bottom, “D10-11” should read “D-10-11”. d. In the 21st line from the bottom, “114.623143” should read “-114.623143”. e. In the first line from the bottom, “114.961526” should read “-114.961526”. [FR Doc. C1-2010-28347 Filed 11-18-10; 8:45 am] BILLING CODE 1505-01-D DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1405 RIN 0560-AI00 Commodity Assessments; Loans, Purchases, and Other Operations AGENCY: Commodity Credit Corporation, USDA. ACTION: Final rule; technical amendment. SUMMARY: The Commodity Credit Corporation

(CCC)is amending regulations as required by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill) to remove a provision concerning CCC fees for administrative costs to collect commodity assessments. The 2008 Farm Bill prohibits CCC from collecting these fees. As a result of this amendment, CCC, rather than States or commodity associations, will absorb the administrative costs of implementing and modifying commodity assessment collections. DATES: *Effective Date:* November 19, 2010. FOR FURTHER INFORMATION CONTACT: Frankie Coln, Price Support Division, Farm Service Agency (FSA), U.S. Department of Agriculture (USDA), Mail Stop 0512, 1400 Independence Avenue, SW., Washington, DC 20250-0512; telephone

(202)720-9011; fax

(202)690-3307; e-mail, *Frankie.coln@wdc.usda.gov.* Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact the USDA Target Center at 202-720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Section 1616 of the 2008 Farm Bill (Pub. L. 110-246) prohibits CCC from charging any fee or related cost for the collection of commodity assessments. Therefore, this rule removes a provision relating to such fees. CCC has already implemented this policy and is not charging such fees. Many States charge assessments on commodities marketed in that State and use the assessment to fund State level agricultural promotion activities. CCC has agreements with States to collect the assessments. When authorized by State law, CCC deducts the assessment from the proceeds of a Marketing Assistance Loan

(MAL)on behalf of the State. In the past, CCC has charged fees to cover the administrative costs of collecting the assessment, including costs to modify the rate of the assessment or to develop the automation software to begin the collection of a newly mandated commodity assessment. The agreement between CCC and the States has required the States to indemnify CCC for the administrative costs of collecting the assessments. CCC will continue to collect commodity assessments as part of the MAL program, but is no longer charging fees for the administrative costs. Therefore, the cost to MAL customers for CCC's administration of commodity assessments has decreased to zero. CCC estimates that this will save producers, their marketing associations, and the States about $15,000 per year. Notice and Comment These regulations are exempt from the notice and comment requirements of the Administrative Procedures Act (5 U.S.C. 553), as specified in section 1601(c) of the 2008 Farm Bill, which requires that the regulations be promulgated and administered without regard to the notice and comment provisions of Section 553 of title 5 of the United States Code or the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 FR 13804) relating to notices of proposed rulemaking and public participation in rulemaking. Executive Order 12866 This final rule has been designated as not significant under Executive Order 12866 and has not been reviewed by the Office of Management and Budget. Regulatory Flexibility Act This rule is not subject to the Regulatory Flexibility Act since CCC is not required to publish a notice of proposed rulemaking for this rule. Environmental Evaluation The environmental impacts of this rule have been considered in a manner consistent with the provisions of the National Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and FSA regulations for compliance with NEPA (7 CFR part 799). The change to the regulations removing a provision concerning CCC fee collection for administrative costs of implementing or modifying commodity assessment collections, as required by the 2008 Farm Bill, that are identified in this Final Rule is solely administrative. Therefore, FSA has determined that NEPA does not apply to this Final Rule and no environmental assessment or environmental impact statement will be prepared. Executive Order 12372 This program is not subject to Executive Order 12372, which requires consultation with State and local officials. *See* the notice related to 7 CFR part 3015, subpart V, published in the **Federal Register** on June 24, 1983 (48 FR 29115). Executive Order 12988 This rule has been reviewed under Executive Order 12988. This final rule is not retroactive and it does not preempt State or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. Before any judicial action may be brought regarding the provisions of this rule the administrative appeal provisions of 7 CFR parts 11 and 780 must be exhausted. Executive Order 13132 The policies contained in this rule do not have any substantial direct effect on 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. Nor does this rule impose substantial direct compliance costs on state and local governments. Therefore, consultation with the States is not required. Executive Order 13175 The policies contained in this rule do not have tribal implications that preempt tribal law. Unfunded Mandates This rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)for State, local, or tribal governments, or the private sector. In addition, CCC was not required to publish a notice of proposed rulemaking for this rule. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Paperwork Reduction Act These regulations are exempt from the requirements of the Paperwork Reduction Act (44 U.S.C. Chapter 35), as specified in section 1601(c)(2)(a) of the 2008 Farm Bill, which provides that these regulations, which are necessary to implement title I of the 2008 Farm Bill, be promulgated and administered without regard to the Paperwork Reduction Act. E-Government Act Compliance CCC is committed to complying 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. List of Subjects in 7 CFR part 1405 Loan programs—agriculture, Price support programs. For the reasons set out above, CCC amends 7 CFR part 1405 as follows: PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS 1. The authority will continue to read as follows: Authority: 7 U.S.C. 1515; 7 U.S.C. 7416a; 7 U.S.C. 7991(e); 15 U.S.C. 714b and 714c. § 1405.9 [Amended] 2. Amend § 1405.9, in paragraph (c)(1), by removing the words “and for administrative costs”, and adding, in their place, the words “but not for administrative costs”. Signed in Washington, DC, on November 15, 2010. Jonathan Coppess, Executive Vice President, Commodity Credit Corporation. [FR Doc. 2010-29249 Filed 11-18-10; 8:45 am]

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