Unknown. Final rule

3,377 words·~15 min read·/register/2011/04/08/2011-8368

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-04-08.xml --- 76 68 Friday, April 8, 2011 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19740 2011-8295 2011-8296 Agriculture Agriculture Department See Commodity Credit Corporation See Food Safety and Inspection Service See Forest Service See Natural Resources Conservation Service Antitrust Division Antitrust Division NOTICES National Cooperative Research And Production Act Of 1993:

Telemanagement Forum, 19788-19790 2011-8365 Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of Income and Program Participation

(SIPP)2011 Re-engineered SIPP; Field Test, 19745-19746 2011-8362 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19775-19778 2011-8459 2011-8462 2011-8464 Coast Guard Coast Guard RULES Safety Zones: Repair of High Voltage Transmission Lines to Logan International Airport, Saugus River, Saugus, MA, 19698-19701 2011-8372 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 19750-19752 2011-8387 2011-8386 Commodity Credit Commodity Credit Corporation RULES Conservation Program Recipient Reporting, 19683-19684 2011-8368 PROPOSED RULES Tobacco Transition Payment Program: Cigar and Cigarette Per Unit Assessments; Correction, 19710 2011-8403 NOTICES Environmental Assessment; Availability: Giant Miscanthus in Arkansas; Missouri; Ohio; and Pennsylvania, 19741 2011-8421 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 2011-8480 19752 2011-8481 Meetings; Sunshine Act; Cancellation, 19752 2011-8482 Defense Department Defense Department See Engineers Corps NOTICES List of Institutions of Higher Education Ineligible for Federal Funds, 19752 2011-8377 Termination of Department of Defense Federal Advisory Committees, 19753 2011-8378 Education Education Department PROPOSED RULES Family Educational Rights and Privacy, 19726-19739 2011-8205 NOTICES Applications for New Awards: Vocational Rehabilitation Services Projects for American Indians with Disabilities, 19753-19757 2011-8455 Federal Student Aid Quality Assurance Program; Applications for Participation, 19757-19758 2011-8458 Small, Rural School Achievement Program, 19758-19759 2011-8441 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Energy Conservation Program for Certain Industrial Equipment; Waivers: Carrier Corp., 19759-19765 2011-8401 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Iao Stream Flood Control Project, Wailuku, Maui, HI, 19753 2011-7735 Environmental Protection Environmental Protection Agency RULES Clean Alternative Fuel Vehicle and Engine Conversions, 19830-19874 2011-7910 Pesticide Tolerances: Glyphosate (N-(phosphonomethyl)glycine), 19701-19706 2011-8428 PROPOSED RULES Approval and Promulgation of Implementation Plans: Texas; System Cap Trading Program; Withdrawal, 19739 2011-8427 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19766-19767 2011-8425 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Reference and Equivalent Method Determination, 19769-19771 2011-8423 NESHAP for Beryllium Rocket Motor Fuel Firing, 19768-19769 2011-8424 NESHAP for Epoxy Resin and Non-Nylon Polyamide Production, 19767-19768 2011-8426 NESHAP for Vinyl Chloride, 19771-19772 2011-8422 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 19772-19773 2011-8429 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: 328 Support Services GmbH Model 328 100 and -300 Airplanes, 19721-19724 2011-8414 Airbus Model A300 B4-600, B4-600R, and F4-600R Series, Model C4 605R Variant F and Model A310 Series Airplanes, 19724-19726 2011-8416 Airbus Model A320-214, -232 and -233 Airplanes, 19714-19716 2011-8409 BAE SYSTEMS (Operations) Limited Model 4101 Airplanes, 19716-19719 2011-8410 Boeing Co. Model 757 Airplanes, 19710-19714 2011-8407 Saab AB, Saab Aerosystems Model SAAB 2000 Airplanes, 19719-19721 2011-8412 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Toutant Hydropower Inc., 19765-19766 2011-8391 Technical Conferences: California Independent System Operator Corp., 19766 2011-8392 Technical Workshops: Contract Reporting Requirements of Intrastate Natural Gas Companies, 19766 2011-8393 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings: Appraisal Subcommittee, 2011-8396 19773-19774 2011-8397 Federal Maritime Federal Maritime Commission RULES Non-Vessel-Operating Common Carrier Negotiated Rate Arrangements; Correction, 19706-19707 2011-8467 NOTICES Meetings; Sunshine Act, 19774 2011-8571 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 19774 2011-8398 Federal Trade Federal Trade Commission RULES Automotive Fuel Ratings Certification and Posting, 19684-19692 2011-8097 Fish Fish and Wildlife Service PROPOSED RULES Migratory Bird Hunting Migratory Game Bird Hunting Regulations With Requests for Indian Tribal Proposals, etc., 19876-19887 2011-8404 NOTICES Environmental Assessment; Availability Protection Island and San Juan Islands National Wildlife Refuges, 19781-19783 2011-8418 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Participation in the Medical Device Fellowship Program, 19778 2011-8369 Food Safety Food Safety and Inspection Service NOTICES Exemption for Retail Store Operations, 19741-19742 2011-8413 Meetings: Codex Alimentarius Commission, 19742-19744 2011-8399 Foreign Trade Foreign-Trade Zones Board NOTICES Approval for Subzone Expansion and Expansion of Manufacturing Authority: Hitachi Automotive Systems Americas, Inc., Foreign-Trade Subzone 29F, Harrodsburg, KY, 19746 2011-8448 Approvals for Extension of Subzone Status and Manufacturing Authority: Aso LLC, Foreign-Trade Subzone 169A, Sarasota County, FL, 19746 2011-8443 Expansion of Foreign-Trade Zone 133; Quad-Cities, Illinois/Iowa, 19746 2011-8452 Grant of Authority for Subzone Status: Grundfos Pumps Manufacturing Corp., Allentown, PA, 19747 2011-8449 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Final Tropic to Hatch 138 kV Transmission Line Project, etc., 19744-19745 2011-8062 Geological Geological Survey NOTICES Meetings: National Cooperative Geologic Mapping Program and National Geological and Geophysical Data Preservation Program Advisory Committee, 19783 2011-8400 Government Accountability Government Accountability Office NOTICES Meetings: Advisory Council on Government Auditing Standards, 19774 2011-8430 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Statement of Organization, Functions, and Delegations of Authority: Office of the Assistant Secretary for Financial Resources, 19774-19775 2011-8358 Health Resources Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program: Statement of Reasons for Not Conducting Rule-Making Proceedings, 19778-19779 2011-8395 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist Homeless, 19780-19781 2011-8098 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Pueblo of Jemez 70.277-Acre Fee-to-Trust Transfer and Casino Project, Dona Ana County, NM, 19783-19784 2011-8035 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau International Trade Adm International Trade Administration NOTICES Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders: Solid Urea From the Russian Federation and Ukraine, 19747-19748 2011-8446 International Trade Com International Trade Commission NOTICES Investigations: Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand, 19788 2011-8354 Justice Department Justice Department See Antitrust Division Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-8363 2011-8385 19790-19792 2011-8434 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Celatom Mine Expansion Project in Harney and Malheur Counties, OR, 19786-19787 2011-8333 China Mountain Wind Project, 1987 Jarbidge Draft Resource Management Plan Amendment, 19784-19785 2011-8327 Filing of Plats of Survey: Nevada, 19787-19788 2011-8420 Legal Legal Services Corporation NOTICES Grant Awards for the Provision of Civil Legal Services: Eligible Clients in Louisiana, 19792-19793 2011-8191 NASA National Aeronautics and Space Administration NOTICES Meetings: Technology and Innovation Committee of the NASA Advisory Council, 19793 2011-8457 National Institute National Institutes of Health NOTICES Charter Renewal, 19779 2011-8440 Meetings: Center for Scientific Review, 19780 2011-8442 National Human Genome Research Institute, 19780 2011-8437 National Institute of Diabetes and Digestive and Kidney Diseases, 19779-19780 2011-8435 2011-8436 National Oceanic National Oceanic and Atmospheric Administration RULES Pacific Halibut Fisheries: Limited Access for Guided Sport Charter Vessels in Alaska, 19708-19709 2011-8431 NOTICES Atlantic Coastal Fisheries Cooperative Management Act Provisions: General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 19748-19749 2011-8451 General Provisions for Domestic Fisheries: Extension of Exempted Fishing Permits, 19749-19750 2011-8447 Meetings: Gulf of Mexico Fishery Management Council, 19750 2011-8351 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Polar Programs, 19793-19794 2011-8380 Astronomy and Astrophysics Advisory Committee, 19793 2011-8379 National Resources Natural Resources Conservation Service RULES Conservation Program Recipient Reporting, 19683-19684 2011-8368 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: License Amendment for the University of Alaska-Fairbanks, Fairbanks, AK, 19794-19795 2011-8419 Exemptions: Exelon Generation Company, LLC, Oyster Creek Nuclear Generating Station, 19795-19817 2011-8405 Final Regulatory Guide; Issuance, Availability, 19817-19818 2011-8415 Withdrawals of Applications for Amendments to Facility Operating Licenses: Entergy Operations, Inc., 19818 2011-8417 Presidential Documents Presidential Documents EXECUTIVE ORDERS Amending Executive Orders 12824, 12835, 12859, and 13532; President's Advisory Council on Faith-Based and Neighborhood Partnerships, Reestablishment Pursuant to Executive Order 13498; and Revoking Executive Order 13507 (EO 13569), 19889-19892 2011-8642 ADMINISTRATIVE ORDERS Defense and National Security: Unified Command Plan 2011 (Memorandum of April 6, 2011), 19893 2011-8644 Somalia; Continuation of National Emergency (Notice of April 7, 2011), 19895-19897 2011-8692 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Stock Exchange, Inc, 19818-19819 2011-8373 NASDAQ OMX BX, Inc., 19821-19823 2011-8376 NASDAQ OMX PHLX LLC, 19823-19825 2011-8375 NASDAQ Stock Market LLC, 19819-19821 2011-8374 Social Social Security Administration RULES Revised Medical Criteria for Evaluating Endocrine Disorders, 19692-19698 2011-8389 State Department State Department NOTICES Applications for Presidential Permits: Calexico West Land Port of Entry, 19825-19826 2011-8433 Meetings: Advisory Committee on Private International Law Online Dispute Resolution Study Group, 19826 2011-8454 Industry Advisory Panel, 19826 2011-8432 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosure of Rail-Interchange Commitments, 19827-19828 2011-8402 Tennessee Tennessee Valley Authority NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 19826-19827 2011-8384 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board RULES Classified Information: Classification/Declassification/Access; Authority to Classify Information, 19707-19708 2011-8292 Separate Parts In This Issue Part II Environmental Protection Agency, 19830-19874 2011-7910 Part III Interior Department, Fish and Wildlife Service, 19876-19887 2011-8404 Part IV Presidential Documents, 19889-19893 2011-8642 2011-8644 Part V Presidential Documents, 19895-19897 2011-8692 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 68 Friday, April 8, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service 7 CFR Parts 622, 624 and 625 Commodity Credit Corporation 7 CFR Parts 1465 and 1470 RIN 0578-AA56 Conservation Program Recipient Reporting AGENCY: Natural Resources Conservation Service, Commodity Credit Corporation, United States Department of Agriculture. ACTION: Final rule. SUMMARY: The Office of Management and Budget

(OMB)issued regulatory guidance to agencies to establish requirements for Federal financial assistance applicants, recipients, and sub-recipients that are necessary for the implementation of the Federal Funding Accountability and Transparency Act of 2006 (the Transparency Act). OMB's regulations require agencies that make awards of Federal financial assistance subject to the Transparency Act to include the requirements identified in each regulation that has application or plan due dates after October 1, 2010. The Watershed Operations and Flood Prevention Program, Emergency Watersheds Protection Program, Healthy Forests Reserve Program, Agricultural Management Assistance Program, and the Conservation Stewardship Program have application or plan due dates after October 1, 2010, and therefore, the Natural Resources Conservation Service

(NRCS)is incorporating the Transparency Act's recipient registration and reporting requirements into these programs' regulations. These changes, the terms of which are not subject to agency discretion, are mandatory. DATES: *Effective Date:* The rule is effective April 8, 2011. FOR FURTHER INFORMATION CONTACT: Martha Joseph, Special Assistant, Easements and Landscape Planning, Department of Agriculture, Natural Resources Conservation Service, 1400 Independence Avenue, SW., Room 5109 South Building, Washington, DC 20250; Telephone:

(202)205-7704; or E-mail: *martha.joseph@wdc.usda.gov.* SUPPLEMENTARY INFORMATION: Discussion OMB published two regulations, 2 CFR parts 25 and 170, to assist agencies and recipients of Federal financial assistance to comply with the Transparency Act (Pub. L. 109-282, as amended). Both regulations have implementation requirements beginning October 1, 2010. The regulations at 2 CFR part 25 require, with some exceptions, recipients of Federal financial assistance to apply for and receive a Dun and Bradstreet Universal Numbering Systems

(DUNS)number and register in the Central Contractor Registry. Section 25.200(a) of Title 2 of the CFR requires each agency to include the registration requirements identified in part 25 in each regulation that has application or plan due dates after October 1, 2010. The regulations at 2 CFR part 170 establish new requirements for Federal financial assistance applicants, recipients, and subrecipients. The regulation provides standard wording that each agency must include in its awarding of financial assistance that requires recipients to report information about first-tier subawards and executive compensation under those awards. Section 170.200(a) of Title 2 of the CFR requires each agency that makes awards of Federal financial assistance subject to the Transparency Act to include the requirements identified in part 170 in each regulation that has application or plan due dates after October 1, 2010. NRCS has determined that 2 CFR parts 25 and 170 apply to certain awards of financial assistance provided under the Watershed Operations and Flood Prevention Program (7 CFR part 622), Emergency Watershed Protection Program (7 CFR part 624), Healthy Forests Reserve Program (7 CFR part 625), Agricultural Management Assistance Program (7 CFR part 1465), and the Conservation Stewardship Program (7 CFR part 1470). Since these conservation programs either have continuous application periods or will have an application due date after October 1, 2010, NRCS determined that each of its program regulations under which NRCS provides Federal financial assistance must be amended to incorporate this requirement immediately. Several of NRCS' other conservation programs have pending or recently promulgated rulemaking, and NRCS is incorporating parts 25 and 170 requirements as these pending rules are cleared and published. These pending rules are final rules to implement the Environmental Quality Incentives Program (7 CFR part 1466—pending), Farm and Ranch Lands Protection Program (7 CFR part 1491—published January 24, 2011), Grassland Reserve Program (7 CFR part 1415—published November 29, 2010), Wildlife Habitat Incentive Program (7 CFR part 636—published November 23, 2010), and the Wetlands Reserve Program (7 CFR part 1467—pending). This final rule incorporates this mandated change into the regulations implementing the Watershed Operations and Flood Prevention Program, Emergency Watershed Protection Program, Healthy Forests Reserve Program, Agricultural Management Assistance Program, and the Conservation Stewardship Program. These changes are non-discretionary on the part of the agency, and thus, no public comments are being solicited. Executive Order 12866 This final rule does not meet the criteria for a significant regulatory action as specified in Executive Order 12866. Regulatory Flexibility Act The Regulatory Flexibility Act is not applicable to this final rule because neither the Commodity Credit Corporation

(CCC)nor NRCS is required by 5 U.S.C. 553, or by any other provision of law, to publish a notice of proposed rulemaking with respect to the subject matter of this rule. Paperwork Reduction Act The General Services Administration has recently published the information collections for public comment that provide the specific data elements required for the Transparency Act reporting of subawards and executive compensation [75 FR 43165]. Unfunded Mandates Reform Act of 1995 Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, Public Law 104-4, NRCS assessed the affects of this rulemaking action on State, local, and Tribal governments, and the public. This action does not compel the expenditure of $100 million or more in any one year (adjusted by inflation) by any State, local, or Tribal governments, or anyone in the private sector; therefore, a statement under section 202 of the Unfunded Mandates Reform Act of 1995 is not required. List of Subjects in 7 CFR Parts 622, 624, 625, 1465 and 1470 Administrative practice and procedures, Cooperative agreements, Farmers, Federal aid programs, Reporting and recordkeeping requirements. Accordingly, 7 CFR parts 622, 624, 625, 1465, and 1470 are amended as follows: 1. The authority citation for part 622 continues to read as follows: Authority: Pub. L. 83-566, 68 Stat. 666 as amended (16 U.S.C. 1001, *et seq.* ); Pub. L. 78-534, 58 Stat. 889, 33 U.S.C. 701b-1. 2. Section 622.30 is amended by adding a new paragraph

(d)to read as follows: § 622.30 General.

(d)Sponsors who receive financial assistance awarded after October 1, 2010, must comply with applicable registration and reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170. 3. The authority citation for part 624 continues to read as follows: Authority: Sec. 216, Pub. L. 81-516, 33 U.S.C. 701b-1; Sec. 403, Pub. L. 95-334, as amended, 16 U.S.C. 2203; 5 U.S.C. 301. 4. Section 624.6 is amended by revising paragraph (a)(2) to read as follows: § 624.6 Program administration.

(a)* * *

(2)Sponsors must:

(i)Contribute their share of the project costs, as determined by NRCS, by providing funds or certain services necessary to undertake the activity. Contributions that may be applied towards the sponsor's applicable cost-share of construction costs include:

(A)Cash;

(B)In-kind services such as labor, equipment, design, surveys, contract administration and construction inspection, and other services as determined by the State Conservationist; or

(C)A combination of cash and in-kind services;

(ii)Obtain any necessary real property rights, water rights, and regulatory permits;

(iii)Agree to provide for any required operation and maintenance of the completed emergency measures; and

(iv)Comply with applicable registration and reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170. 5. The authority citation for part 625 continues to read as follows: Authority: 16 U.S.C. 6571-6578. 6. Section 625.4 is amended by revising paragraph

(b)to read as follows: § 625.4 Program requirements.

(b)*Landowner eligibility.* To be eligible to enroll an easement in the HFRP, an individual or entity must:

(1)Be the landowner of eligible land for which enrollment is sought;

(2)Agree to provide such information to NRCS, as the agency deems necessary or desirable, to assist in its determination of eligibility for program benefits and for other program implementation purposes; and

(3)Comply with applicable registration and reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170. 7. The authority citation for part 1465 continues to read as follows: Authority: 7 U.S.C. 1524(b). 8. Section 1465.5 is amended by revising paragraphs (c)(10) and (c)(11) and adding a new paragraph (c)(12) to read as follows: § 1465.5 Program requirements.

(c)* * *

(10)Be in compliance with the terms of all other USDA-administered conservation program agreements to which the participant is a party;

(11)Develop and agree to comply with an APO and O&M agreement, as described in § 1465.3; and

(12)Comply with applicable registration and reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170. 9. The authority citation for part 1470 continues to read as follows: Authority: 16 U.S.C. 3838d-3838g. 10. Section 1470.6 is amended by revising paragraphs (a)(4) and (a)(5) and adding a new paragraph (a)(6) to read as follows: § 1470.6 Eligibility requirements.

(a)* * *

(4)Supply information, as required by NRCS, to determine eligibility for the program, including but not limited to, information related to eligibility requirements and ranking factors, conservation activity and production system records, information to verify the applicant's status as a historically underserved producer, if applicable, and payment eligibility as established by 7 CFR part 1400;

(5)Provide a list of all members of the legal entity and embedded entities along with members' tax identification numbers and percentage interest in the entity. Where applicable, American Indians, Alaska Natives, and Pacific Islanders may use another unique identification number for each individual eligible for payment; and

(6)Comply with applicable registration and reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282, as amended), and 2 CFR parts 25 and 170. Signed this 31st day of March 2011, in Washington, DC. Dave White, Vice President, Commodity Credit Corporation and Chief, Natural Resources Conservation Service. [FR Doc. 2011-8368 Filed 4-7-11; 8:45 am]

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