Unknown. Final rule; correction

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-03-11.xml --- 76 48 Friday, March 11, 2011 Contents Administrative Conference of the United States NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13338 2011-5622 Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13410-13413 2011-5397 2011-5401 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service See Rural Business-Cooperative Service See Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 13338-13339 2011-5582 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 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 13413-13415 2011-5623 2011-5626 2011-5628 2011-5630 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:

Changes to the Hospital Outpatient Prospective Payment System, etc.; Correction, 13292-13295 2011-5674 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13415-13418 2011-5684 2011-5685 Meetings: Medicare Evidence Development and Coverage Advisory Committee, 13418-13420 2011-5679 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Hackensack River, Secaucus, NJ, 13288-13289 2011-5671 Intracoastal Waterway, Inside Thorofare, Ventnor City, NJ, 13288 2011-5663 Long Island, New York Inland Waterway from East Rockaway Inlet to Shinnecock Canal, Hempstead, NY, 13289 2011-5666 PROPOSED RULES Drawbridge Operation Regulations:

Fox River, Oshkosh, WI; Withdrawal, 13312 2011-5662 NOTICES Lower Mississippi River Waterway Safety Advisory Committee; Vacancies, 13422-13423 2011-5669 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Fiscal Years 2011-2016 Strategic Plan, 13353-13354 2011-5563 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 13361-13362 2011-5617 Procurement List; Proposed Additions and Deletions, 13362-13363 2011-5616 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 13363 2011-5777 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement; Technical Amendments, 13297 2011-5601 PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Display of DoD Inspector General Fraud Hotline Posters, 13327-13329 2011-5600 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Fiscal Year 2011 Funding Availability:

Credit Enhancement for Charter School Facilities Program, 13365-13371 2011-5702 Personnel Development to Improve Services and Results for Children with Disabilities: Paraprofessional Preservice Program Improvement Grants, 13371-13377 2011-5704 Election Election Assistance Commission NOTICES Publication of State Plan Pursuant to the Help America Vote Act, 13377-13396 2011-5588 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission PROPOSED RULES Procedures for Submitting Trade Secrets and Privileged or Confidential Commercial or Financial Information, 13300-13304 2011-5677 NOTICES Environmental Impact Statements;

Availability, etc.: Mountaineer Commercial Scale Carbon Capture and Storage Project, Mason County, WV, 13396-13397 2011-5694 Pulse Jet Mixing at the Waste Treatment and Immobilization Plant, 13397-13398 2011-5608 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13398 2011-5614 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Port of Gulfport Expansion Project, Harrison County, MS, 13363-13365 2011-5672 Environmental Protection Environmental Protection Agency RULES Baltimore Moderate Nonattainment Area:

Approval of One-Year Extension for Attaining the 1997 8-Hour Ozone Standard, 13289-13292 2011-5631 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipt, 13401-13402 2011-5618 Literature Searches for Integrated Risk Information System Assessments, 13402-13403 2011-5629 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13403-13404 2011-5598 Federal Communications Federal Communications Commission RULES Rules and Procedures Governing the Provisions of International Telecommunications Service, 13295-13297 2011-5634 2011-5635 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 13404 2011-5730 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 13404 2011-5846 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 13398-13401 2011-5585 2011-5587 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Vectren Retail, LLC, 13401 2011-5586 Fish Fish and Wildlife Service PROPOSED RULES Incidental Take During Specified Activities: Marine Mammals, 13454-13493 2011-5035 NOTICES Comprehensive Conservation Plans:

Ellicott Slough National Wildlife Refuge, Santa Cruz County, CA, 13427-13428 2011-5633 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Child and Adult Care Food Program Improper Payments Meal Claims Assessment, 13339-13340 2011-5620 National School Lunch Program Direct Certification Improvement Study, 13342-13344 2011-5627 WIC Breastfeeding Peer Counseling Study, 13340-13342 2011-5624 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Subzones:

Foreign-Trade Zone 266, Dane County, WI, 13354-13355 2011-5698 Foreign-Trade Zone 229, Charleston, WV, 13354 2011-5695 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Beaver Creek Landscape Management Project, Custer National Forest, Powder River County, MT, 13344 2011-5476 Meetings: Eastern Idaho Resource Advisory Committee, 13345 2011-5636 North Mt. Baker-Snoqualmie Resource Advisory Committee, 13345 2011-5638 Ontonagon Resource Advisory Committee, 13344-13345 2011-5597 General Services General Services Administration PROPOSED RULES Reinstatement of Coverage Pertaining to Final Coverage Pertaining to Final Payment Under Construction and Building Services, 13329-13330 2011-5502 Health and Human 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 Health Resources and Services Administration See National Institutes of Health NOTICES Cancer Therapy Evaluation Program Intellectual Property Option to Collaborator, 13404-13410 2011-5609 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2011-5602 13420-13421 2011-5603 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contractors Requisition - Project Mortgages, 13423-13424 2011-5689 Requisition for Disbursement of Sections 202 and 811 Capital Advance/Loan Funds, 13424-13425 2011-5688 Section 3 Program Implementation and Coordination Grant, 13423 2011-5690 Federal Property Suitable as Facilities to Assist the Homeless, 13425-13426 2011-5268 Funding Availabilities:

Fiscal Year 2010 Section 202 Supportive Housing for the Elderly Program, 13427 2011-5692 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Office of Natural Resources Revenue Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-5564 13447-13450 2011-5565 2011-5566 2011-5570 2011-5571 2011-5572 Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Discharge of Liens, 13450-13451 2011-5567 International Trade Adm International Trade Administration NOTICES Amended Final Results of Administrative Review Pursuant to Court Decision: Magnesium Metal from the Russian Federation, 13355-13356 2011-5691 Continuation of Antidumping Duty Order: Magnesium Metal from the People's Republic of China, 13356-13357 2011-5699 Final Results of Antidumping Duty Administrative Review: Stainless Steel Sheet and Strip in Coils from Mexico; Correction, 13357 2011-5682 Postponement of Preliminary Determination of Antidumping Duty Investigations:

Multilayered Wood Flooring from the People's Republic of China, 13357-13358 2011-5686 Preliminary Results of the 2009-2010 Antidumping Duty Administrative Review: Persulfates from the People's Republic of China, 13358-13360 2011-5687 International Trade Com International Trade Commission NOTICES Investigations: Certain Display Devices, Including Digital Televisions and Monitors II, 13432-13433 2011-5670 Certain MEMS Devices and Products Containing Same, 13433-13434 2011-5673 Terminations of Investigations:

Certain Devices Having Elastomeric Gel and Components Thereof, 13434-13435 2011-5680 Justice Department Justice Department See Justice Programs Office RULES Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities; Corrections, 13286-13288 2011-5581 Nondiscrimination on the Basis of Disability in State and Local Government Services; Corrections, 13285-13286 2011-5580 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Department Annual Progress Report, 13435 2011-5678 Justice Programs Justice Programs Office NOTICES Request for Comments on Draft Vehicular Digital Multimedia Evidence Recording System Certification, etc., 13436 2011-5700 Labor Department Labor Department NOTICES Charter Reestablishment: National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements, 13436 2011-5637 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 2011-5610 13428-13429 2011-5612 Environmental Impact Statements;

Availability, etc.: Proposed Blackfoot Bridge Mine, Caribou County, ID, 13429-13430 2011-5497 Meetings: California Desert District Advisory Council, 13430-13431 2011-5456 Proposed Reinstatement of Terminated Oil and Gas Lease WYW160470, Wyoming, 13431 2011-5491 Merit Merit Systems Protection Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13436-13437 2011-5589 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

National Council on the Arts, 13437 2011-5604 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 13421-13422 2011-5607 National Oceanic National Oceanic and Atmospheric Administration RULES Western Pacific Pelagic Fisheries: Hawaii-based Shallow-set Longline Fishery; Court Order, 13297-13299 2011-5664 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Revisions to Pacific Cod Fishing in the Parallel Fishery in the Bering Sea and Aleutian Islands Management Area, 13331-13337 2011-5667 Western Pacific Pelagic Fisheries:

Prohibiting Purse Seine Fishing in the U.S. EEZ Around Guam and the Northern Mariana Islands, etc., 13330-13331 2011-5683 NOTICES Meetings: New England Fishery Management Council, 13361 2011-5643 North Pacific Fishery Management Council, 13360-13361 2011-5594 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: ACRS Subcommittee Meeting on Reliability and Probabilistic Risk Assessment, 13437 2011-5338 Office of Natural Resources Revenue NOTICES Major Portion Prices and Due Date for Additional Royalty Payments on Indian Gas Production, 13431-13432 2011-5591 Pacific Pacific Northwest Electric Power and Conservation Planning Council NOTICES Amended Columbia River Basin Fish and Wildlife Program, 13438 2011-5599 Pension Benefit Pension Benefit Guaranty Corporation PROPOSED RULES Benefits Payable in Terminated Single-Employer Plans:

Limitations on Guaranteed Benefits, 13304-13312 2011-5696 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials: Cargo Tank Motor Vehicle Loading and Unloading Operations, 13313-13327 2011-5335 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 13438 2011-5869 Presidential Documents Presidential Documents EXECUTIVE ORDERS International Organizations Immunities Act; Extension of Provisions (EO 13568), 13495-13497 2011-5903 ADMINISTRATIVE ORDERS Government Agencies and Employees:

National Intelligence, Office of the Director of; Designation of Officers (Memorandum of March 8, 2011), 13499-13500 2011-5904 Rural Business Rural Business-Cooperative Service NOTICES Contract Proposal for Payments to Eligible Advanced Biofuel Producers, 13345-13349 2011-5573 Funding Availabilities: Biorefinery Assistance Program, 13351-13353 2011-5575 Repowering Assistance Payments to Eligible Biorefineries, 13349-13351 2011-5574 Rural Utilities Rural Utilities Service NOTICES Contract Proposal for Payments to Eligible Advanced Biofuel Producers, 13345-13349 2011-5573 Funding Availabilities:

Biorefinery Assistance Program, 13351-13353 2011-5575 Repowering Assistance Payments to Eligible Biorefineries, 13349-13351 2011-5574 Securities Securities and Exchange Commission NOTICES Order of Suspension of Trading: AccessTel, Inc., et al., 13438-13439 2011-5644 AdAl Group, Inc., Com/Tech Communications Technologies, Inc., Dialog Group, Inc., Eurogas, Inc., et al., 13438 2011-5802 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board Options Exchange, Inc., et al., 13442 2011-5579 Depository Trust Co., 13439-13440 2011-5645 NYSE Arca, Inc., 13440-13442 2011-5578 Small Business Small Business Administration NOTICES Disaster Declarations:

California, 13443 2011-5577 Connecticut, 13443 2011-5576 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13443-13444 2011-5703 Charter Renewal: Advisory Committee on Historical Diplomatic Documentation, 13444 2011-5706 Surface Transportation Surface Transportation Board NOTICES Operation Exemptions: Juniata Valley Railroad Co., and SEDA-COG Joint Rail Authority, 13446 2011-5640 Lycoming Valley Railroad Co., and SEDA-COG Joint Rail Authority, 13445 2011-5605 Nittany Bald and Eagle Railroad Co., and SEDA-COG Joint Rail Authority, 13446-13447 2011-5613 North Shore Railroad Co., and SEDA-COG Joint Rail Authority, 13445-13446 2011-5639 Release of Waybill Data, 13447 2011-5592 Transportation Department Transportation Department See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, 13444 2011-5593 Aviation Proceedings and Agreements, 13444-13445 2011-5596 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 13454-13493 2011-5035 Part III Presidential Documents, 13495-13497, 13499-13500 2011-5903 2011-5904 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. 76 48 Friday, March 11, 2011 Rules and Regulations DEPARTMENT OF JUSTICE 28 CFR Part 35 [CRT Docket No. 105; AG Order No. 3180-2010] RIN 1190-AA46 Nondiscrimination on the Basis of Disability in State and Local Government Services;

Corrections AGENCY: Civil Rights Division, Department of Justice. ACTION: Final rule; correction. SUMMARY: This document contains corrections to the final rule published in the **Federal Register** of Wednesday, September 15, 2010, at 75 FR 56164, relating to nondiscrimination on the basis of disability in State and local government services. This document will correct typographical errors and one substantive error reflected in certain sections of the rule relating to service animals.

DATES: *Effective Date:* March 15, 2011. FOR FURTHER INFORMATION CONTACT: Barbara J. Elkin, Attorney Advisor, Disability Rights Section, Civil Rights Division, U.S. Department of Justice, at

(202)307-0663 (voice or TTY). This is not a toll-free number. Information may also be obtained from the Department's toll-free ADA Information Line at

(800)514-0301 (voice) or

(800)514-0383 (TTY). SUPPLEMENTARY INFORMATION: Background The final rule that is the subject of these corrections revises the Department of Justice regulations implementing title II of the Americans with Disabilities Act (ADA), which adopt enforceable accessibility standards under the ADA that are consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board (Access Board), and update or amend certain provisions of the title II regulation so that they comport with the Department's legal and practical experiences in enforcing the ADA since 1991. I. Need for Correction A. Typographical Errors As published, the final rule contains typographical errors that may cause confusion and therefore are in need of clarification. On page 56178, in § 35.136 (“Service animals”), paragraph 35.136(i)(C) (“Other requirements”) is incorrectly designated in the hierarchal outline. Paragraph 35.136(i)(C) needs to be redesignated as paragraph 35.136(i)(3). Additionally, on page 56182, in § 35.151(c) (“Accessibility standards and compliance date”), there is a superfluous “the” in the first sentence, which reads as follows: “If physical construction or alterations commence after July 26, 1992, but prior to *the* September 15, 2010, then new construction and alterations subject to this section must comply with either UFAS or the 1991 Standards except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply” (emphasis added). The word “the” before “September 15, 2010” needs to be removed. Finally, in the section-by-section analysis contained in Appendix A to part 35, on page 56214, under the heading Section 35.151(e) (“Social service center establishments”), there are two errors in the following language: “* * * the Department proposed adding a provision that would require certain social service center establishments that provide sleeping rooms with more than 25 beds to ensure that a minimum of 5 percent of the beds have clear floor space in accordance with section 806.2.3 or 3004 ADAAG” (emphasis added). The words “or 3004” need to be changed to “of the 2004”. B. Substantive Error As published, the final rule contains an error in wording that may cause confusion over the interpretation of the rule. Specifically, in § 35.104 (“Definitions”), the “service animal” definition states as follows: “The work or tasks performed by a service animal must be directly related to the handler's disability.” Because a service animal is not always controlled by the individual with a disability, the service animal's “handler” is not necessarily the individual with a disability. To clear up any confusion, the word “handler's” should be replaced with the word “individual's” in that sentence. Similar use of the word “handler” in the section-by-section analysis contained in Appendix A to part 35 also needs to be changed to “individual” so it is clear that the individual with a disability does not necessarily need to be the animal's handler in order to be covered by the rule's provisions. II. Corrections In the final rule FR Doc. 2010-21821, beginning on page 56164 in the **Federal Register** of Wednesday, September 15, 2010, 75 FR 56164, make the following corrections: § 35.104 [Corrected] 1. On page 56177, in the third column, starting on line 30, in § 35.104, in the definition of “Service animal,” correct the third sentence of the definition to read as follows: “The work or tasks performed by a service animal must be directly related to the individual's disability.” § 35.136 [Corrected] 2. On page 56178, in the third column, in § 35.136, paragraph (i)(C) is redesignated as paragraph (i)(3). § 35.151 [Corrected] 3. On page 56182, in the first column, in line 15, in paragraph (c)(1) of § 35.151, remove the word “the” preceding “September 15, 2010”. Appendix A to Part 35 [Corrected] 4. On page 56192, in the first column, beginning on line 13, remove the following sentence: “The work or tasks performed by a service animal must be directly related to the handler's disability” and add in its place the corrected sentence to read as follows: “The work or tasks performed by a service animal must be directly related to the individual's disability.” 5. On page 56192, in the second column, starting on line 53, remove the following sentence: “Other commenters identified non-violent behavioral tasks that could be construed as minimally protective, such as interrupting self-mutilation, providing safety checks and room searches, reminding the handler to take medications, and protecting the handler from injury resulting from seizures or unconsciousness” and add in its place the corrected sentence to read as follows: “Other commenters identified non-violent behavioral tasks that could be construed as minimally protective, such as interrupting self-mutilation, providing safety checks and room searches, reminding the individual to take medications, and protecting the individual from injury resulting from seizures or unconsciousness.” 6. On page 56192, in the third column, starting on line 7, remove the following sentence: “While many individuals with PTSD may benefit by using a service animal, the work or tasks performed appropriately by such an animal would not involve unprovoked aggression but could include actively cuing the handler by nudging or pawing the handler to alert to the onset of an episode and removing the individual from the anxiety-provoking environment” and add in its place the corrected sentence to read as follows: “While many individuals with PTSD may benefit by using a service animal, the work or tasks performed appropriately by such an animal would not involve unprovoked aggression but could include actively cuing the individual by nudging or pawing the individual to alert to the onset of an episode and removing the individual from the anxiety-provoking environment.” 7. On page 56193, in the first column, starting on line 42, remove the following sentence: “A pet or support animal may be able to discern that the handler is in distress, but it is what the animal is trained to do in response to this awareness that distinguishes a service animal from an observant pet or support animal” and add in its place the corrected sentence to read as follows: “A pet or support animal may be able to discern that the individual is in distress, but it is what the animal is trained to do in response to this awareness that distinguishes a service animal from an observant pet or support animal.” 8. On page 56195, in the second column, starting on line 2, remove the following sentence: “Tasks performed by psychiatric service animals may include reminding the handler to take medicine, providing safety checks or room searches for persons with PTSD, interrupting self-mutilation, and removing disoriented individuals from dangerous situations” and add in its place the corrected sentence to read as follows: “Tasks performed by psychiatric service animals may include reminding individuals to take medicine, providing safety checks or room searches for individuals with PTSD, interrupting self-mutilation, and removing disoriented individuals from dangerous situations.” 9. On page 56197, in the second column, starting on line 69, remove the following sentence: “The Department has moved the requirement that the work or tasks performed by the service animal must be related directly to the handler's disability to the definition of `service animal' in § 35.104” and add in its place the corrected sentence to read as follows: “The Department has moved the requirement that the work or tasks performed by the service animal must be related directly to the individual's disability to the definition of `service animal' in § 35.104.” 10. On page 56214, in the second column, in the fourth line from the bottom, remove the words “or 3004” and add in lieu thereof the words “of the 2004”. Dated: March 7, 2011. Rosemary Hart, Special Counsel. [FR Doc. 2011-5580 Filed 3-10-11; 8:45 am]

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