Unknown. Final rule
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/register/2011/04/25/2011-9870A 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-2011-04-25.xml --- 76 79 Monday, April 25, 2011 Contents Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See Grain Inspection, Packers and Stockyards Administration RULES Wetland Conservation, 22785 2011-9870 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 22862 2011-9886 Animal Animal and Plant Health Inspection Service NOTICES Environmental Assessments; Availability, etc.: Determination of Nonregulated Status for Altered Color Roses, Florigene Pty., Ltd., 22862 C1--2011--8775 Army Army Department See Engineers Corps Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Census Employment Inquiry, 22864-22865 2011-9908 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 22902-22903 2011-9922 Coast Guard Coast Guard RULES Safety Zones: Bay Ferry II Maritime Security Exercise; San Francisco Bay, San Francisco, CA, 22809-22812 2011-9891 Sea World Fireworks; Mission Bay, San Diego, CA, 22812-22814 2011-9893 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Swap Data Recordkeeping and Reporting Requirements:
Pre-Enactment and Transition Swaps, 22833-22848 2011-9446 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22877-22878 2011-9961 Defense Department Defense Department See Engineers Corps RULES Privacy Act; Implementation, 22807-22809 2011-9747 2011-9748 PROPOSED RULES Alternative Dispute Resolution and Conflict Management, 22848-22849 2011-9750 Unclassified Controlled Nuclear Information, 22849-22854 2011-9751 NOTICES Defense Transportation Regulation, Part IV, 22878 2011-9949 Meetings:
Threat Reduction Advisory Committee, 22878-22879 2011-9950 Delaware Delaware River Basin Commission NOTICES Meetings, 22880-22882 2011-9914 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Employment and Training Employment and Training Administration NOTICES Affirmative Determinations Regarding Applications for Reconsideration: JLG Industries, Inc., Hagerstown, MD, 22922-22923 2011-9911 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance:
Wellpoint, Inc., 22923-22924 2011-9912 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Update of the Shoreline Management Plan and Supplement to the Master Plan; Eufaula Lake, OK, 22879-22880 2011-9902 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: South Carolina; Update to Materials Incorporated by Reference, 22817-22821 2011-9689 Virginia; Adoption of the Revised Lead Standards and Related Reference Conditions and Update of Appendices, 22814-22817 2011-9697 Approval and Promulgation of State Plans for Designated Facilities and Pollutants:
Florida; Jefferson County, KY; Forsyth, Mecklenburg, and Buncombe Counties, NC and South Carolina, 22822-22825 2011-9844 Mandatory Reporting of Greenhouse Gases: Petroleum and Natural Gas Systems; Grant of Reconsideration, 22825-22827 2011-10026 PROPOSED RULES Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Florida, Jefferson County, KY, Forsyth, Mecklenburg, and Buncombe Counties, NC, and South Carolina, 22861 2011-9848 NOTICES Draft National Pollutant Discharge Elimination System General Permit for Stormwater Discharges from Construction Activities, 22882-22891 2011-9929 National Pollutant Discharge Elimination System:
Modification to 2008 General Permit for Stormwater Discharges Associated with Construction Activities, 22891-22895 2011-9926 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22895-22899 2011-9943 2011-9946 2011-9947 2011-9948 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Boeing Co. Model 737-700 Series Airplanes, 22828-22830 2011-9894 Sicma Aero Seat 88xx, 89xx, 90xx, 91xx, 92xx, 93xx, 95xx, and 96xx Series Passenger Seat Assemblies, 22830-22833 2011-9942 Federal Emergency Federal Emergency Management Agency NOTICES Meetings:
National Advisory Council, 22911-22912 2011-9901 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 22940-22942 2011-9896 2011-9897 Federal Reserve Federal Reserve System RULES Truth in Lending, 22948-23040 2011-8843 NOTICES Proposals to Engage in Permissible Nonbanking Activities or Acquire Companies that are Engaged in Permissible Nonbanking Activities, 22899 2011-9909 Food and Drug Food and Drug Administration RULES Medical Devices:
Reclassification of the Topical Oxygen Chamber for Extremities, 22805-22807 2011-9899 NOTICES Draft Guidance for Industry and Food and Drug Administration Staff; Availability: Establishing a Tobacco Product Was Commercially Marketed as of February 15, 2007, 22903-22904 2011-9939 Food Additive Petitions (Animal Use): Ferm Solutions, Inc.; Erythromycin Thiocyanate, 22904-22905 2011-9913 Guidance for Food and Drug Administration Staff and Tobacco Retailers; Availability: Civil Money Penalties and No-Tobacco-Sale Orders for Tobacco Retailers, 22905-22906 2011-9938 Guidance for Industry and Food and Drug Administration Staff;
Availability: Class II Special Controls Guidance Document: Topical Oxygen Chamber for Extremities, 22906-22907 2011-9898 Food and Nutrition Food and Nutrition Service RULES Direct Certification and Certification of Homeless, Migrant and Runaway Children for Free School Meals, 22785-22802 2011-9457 Forest Forest Service NOTICES Meetings: Colville Resource Advisory Committee, 22862-22863 2011-9862 Kern and Tulare Counties Resource Advisory Committee, 22863 2011-9963 General Services General Services Administration NOTICES Discontinuance of Looseleaf Version of Federal Management Regulation and Federal Travel Regulation, 22899 2011-9959 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Designation for the Lewiston, ID Area, 22863-22864 2011-9940 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Federal Health IT Strategic Plan: 2011-2015, 22899-22900 2011-9941 Petitions to Designate a Class of Employees for Inclusion in the Special Exposure Cohort:
Ames Laboratory, Ames, IA, 22900 2011-9928 Request for Information: Public or Private Entities with an Interest in Biovigilance, 22900-22902 2011-9966 Historic Historic Preservation, Advisory Council NOTICES Meetings: ACHP Quarterly Business, 22910 2011-9760 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
CyberForensics Electronic Technology Clearinghouse Program, 22910-22911 2011-9933 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emergency Homeowners' Loan Program Data Elements, 22913 2011-9953 Indian Affairs Indian Affairs Bureau NOTICES Alcoholic Beverage Control Ordinance of the Paiute Tribe of Utah, 22913-22917 2011-9900 Industry Industry and Security Bureau NOTICES Order Renewing Temporary Denial of Export Privileges:
Orion Air, S.L. and Syrian Pearl Airlines, 22865-22867 2011-9932 Interior Interior Department See Indian Affairs Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Final Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from the United Arab Emirates, 22867-22868 2011-9967 Final Results of Countervailing Duty Administrative Review: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from Brazil, 22868-22871 2011-9965 Final Results of the 2008-2009 Antidumping Duty Administrative Review:
Certain New Pneumatic Off-the-Road Tires from the People's Republic of China, 22871-22875 2011-9964 International Trade Com International Trade Commission NOTICES Investigations: Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof, 22918 2011-9890 Justice Department Justice Department See Justice Programs Office NOTICES Lodging of Consent Decree Under the Clean Air Act, 22918-22919 2011-9876 Justice Programs Justice Programs Office NOTICES Meetings:
National Institute of Justice Offender Tracking System Standard Workshop, 22919 2011-9903 Special Technical Committee Request for Proposals for Certification and Testing Expertise: Protective Helmet Standard, 22919-22920 2011-9907 Stab Resistance of Personal Body Armor
(2000)Standard, 22920 2011-9904 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22920-22921 2011-9915 Child Labor and Forced Labor in Foreign Countries in the Production of Goods, 22921-22922 2011-9934 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-9905 22942-22943 2011-9906 NASA National Aeronautics and Space Administration NOTICES Re-Establishment of the National Space-Based Positioning, Navigation, and Timing Advisory Board, 22924 2011-9872 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability, 22924-22925 2011-10023 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 22907-22910 2011-9936 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Multispecies Fishery; Framework Adjustment 45, 23042-23076 2011-9705 Northeast Multispecies Fishery; 2011 Sector Operations Plans and Contracts, and Allocation of Northeast Multispecies Annual Catch Entitlements, 23076-23108 2011-9711 NOTICES Atlantic Coastal Fisheries Cooperative Management Act Provisions: Domestic Fisheries; Application for Exempted Fishing Permits, 22875-22876 2011-9944 Permits: Endangered Species; File No. 15566, 22877 2011-9945 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Dog Management Plan/Golden Gate National Recreation Area, California, 22917 2011-9889 National Register of Historic Places: Pending Nominations and Related Actions, 22917 2011-9887 National Science National Science Foundation NOTICES Meetings: Assumption Buster Workshop; Abnormal Behavior Detection Finds Malicious Actors, 22925-22926 2011-9877 Nuclear Regulatory Nuclear Regulatory Commission RULES Interim Enforcement Policy for Minimum Days Off Requirements, 22802-22804 2011-9916 NOTICES Environmental Assessments; Availability, etc.: Nextera Energy Point Beach, LLC; Point Beach Nuclear Plant, Units 1 and 2; Proposed License Amendment, etc., 22928-22934 2011-9835 Westinghouse Electric Co., LLC, Hematite Decommissioning Project, Festus, MO, 22926-22928 2011-9828 Meetings: ACRS Subcommittee on Reliability and Probabilistic Risk Assessment, 22934-22935 2011-9918 ACRS Subcommittee on U.S. Evolutionary Power Reactor, 22935 2011-9920 Renewal Of Special Nuclear Materials License: Calvert Cliffs Nuclear Power Plant, LLC, 22935-22937 2011-9930 Patent Patent and Trademark Office PROPOSED RULES Streamlined Patent Reexamination Proceedings, 22854-22861 2011-9805 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22937-22938 2011-9885 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evidence to Prove Dependency of a Child, 22938 2011-9884 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings: Pipeline Safety; Webinars on Implementation of Distribution Integrity Management Programs, 22944 2011-9955 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 22938-22939 2011-9991 2011-10054 2011-10072 Self-Regulatory Organizations; Proposed Rule Changes; Correction: CBOE Futures Exchange, LLC, 22939 C1--2011--7981 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22939-22940 2011-9952 Thrift Supervision Thrift Supervision Office NOTICES Appointments of Receivers: Superior Bank, Birmingham, AL, 22944-22945 2011-9735 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration RULES Enhancing Airline Passenger Protections, 23110-23167 2011-9736 NOTICES Meetings: Intelligent Transportation Systems Program Advisory Committee, 22940 2011-9954 Treasury Treasury Department See Thrift Supervision Office Customs U.S. Customs and Border Protection RULES Technical Amendments to List of CBP Preclearance Offices in Foreign Countries: Addition of Dublin, Ireland, 22804-22805 2011-9883 NOTICES Cancellation of Customs Broker Licenses, 22912 2011-9957 Cancellation of Customs Broker Licenses Due to Deaths of License Holders, 22912 2011-9958 Revocation of Customs Broker License, 22912-22913 2011-9960 U.S. China U.S.-China Economic and Security Review Commission NOTICES Meetings, 22945 2011-9874 Separate Parts In This Issue Part II Federal Reserve System, 22948-23040 2011-8843 Part III Commerce Department, National Oceanic and Atmospheric Administration, 23042-23108 2011-9705 2011-9711 Part IV Transportation Department, 23110-23167 2011-9736 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 79 Monday, April 25, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 12 [Docket No. NRCS-2011-0010] RIN 0578-AA58 Wetland Conservation AGENCY: Office of the Secretary, United States Department of Agriculture (USDA). ACTION: Final rule. SUMMARY: The United States Department of Agriculture is removing obsolete provisions from the Code of Federal Regulations. This action removes provisions concerning the Natural Resources Conservation Service's
(NRCS)coordination responsibilities. DATES: *Effective Date:* The rule is effective April 25, 2011. FOR FURTHER INFORMATION CONTACT: Terrell Erickson, Director, Ecological Sciences Division, U.S. Department of Agriculture, Natural Resources Conservation Service, Room 6819, South Building, P.O. Box 2890, Washington, DC 20013-2890; Phone:
(202)720-5992; Fax:
(202)720-2646; or E-mail: *Terrell.erickson1@wdc.usda.gov.* SUPPLEMENTARY INFORMATION: Regulatory Certifications Executive Orders This document does not meet the criteria for a significant regulatory action as specified by E.O. 12866. This action also has no federalism or tribal implications, and will not impose substantial unreimbursed compliance costs on States, local governments, or Indian tribal governments. Therefore, impact statements are not required under E.O. 13132 or 13175. Regulatory Flexibility Act The Regulatory Flexibility Act is not applicable to this rule because neither the Secretary of Agriculture nor NRCS is required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking for the subject matter of this rule. Environmental Evaluation This rule will have no significant effect on the human environment and is categorically exempt under 7 CFR 1b.3(a)(6); therefore, neither an environmental assessment nor an environmental impact statement is required. Paperwork Reduction Act This rule does not contain reporting or recordkeeping requirements subject to the Paperwork Reduction Act. Background Existing wetland conservation provisions in 7 CFR part 12 require that NRCS' certification of a wetland determination be completed according to procedures agreed to by the Army Corps of Engineers (COE), the Environmental Protection Agency (EPA), and the U.S. Fish and Wildlife Service. In 1994, the Departments of Agriculture and the Interior, the Army, and the Environmental Protection Agency entered into a Memorandum of Agreement
(MOA)concerning the delineation of wetlands for purposes of Section 404 of the Clean Water Act
(CWA)and Title XII of the Food Security Act of 1985 (FSA). The MOA was developed to streamline the wetland delineation process on agricultural lands, to promote consistency between the CWA and the FSA, and to provide predictability and simplification for USDA program participants. However, subsequent amendments to FSA and court decisions made the MOA and parts of 7 CFR 12.30 no longer applicable, and USDA and COE withdrew from the MOA in January 2005. 1996 amendments to FSA eliminated the concept of “abandonment” for prior converted
(PC)cropland. As a result, land may be considered non-wetland for FSA compliance purposes, but considered wetland for CWA purposes. 2002 amendments to FSA prohibit NRCS from sharing confidential producer information, including geospatial information, to agencies outside USDA. This prohibits NRCS from providing wetland delineations and determinations to the COE and EPA for CWA permitting and enforcement. Finally, as a result of U.S. Supreme Court decisions, a wetland may be subject to FSA Compliance, but no longer regulated by the COE for CWA purposes. These inconsistencies in jurisdiction do not allow the two agencies to have consistent wetland determinations. List of Subjects in 7 CFR Part 12 Administrative practices and procedures, Soil conservation, Wetlands. For the reasons stated in the preamble, USDA amends part 12 of Title 7 of the Code of Federal Regulations as set forth below: PART 12—HIGHLY ERODIBLE AND WETLAND CONSERVATION 1. The authority citation for part 12 continues to read as follows: Authority: 16 U.S.C. 3801 *et seq.* Subpart C—Wetland Conservation § 12.30 [Amended] 2. In § 12.30, remove paragraph (a)(8) and remove the second sentence from paragraph (c)(1). Signed in Washington, DC, on April 5, 2011. Thomas J. Vilsack, Secretary. [FR Doc. 2011-9870 Filed 4-22-11; 8:45 am]
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U.S. Code
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- 7 CFR 12
- 7 CFR 1
- 7 CFR 12.30
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