Unknown. Final Rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-06-13.xml --- 76 113 Monday, June 13, 2011 Contents Agency Agency for International Development RULES Government-wide Debarment and Suspension (Non-procurement), 34143-34145 2011-14242 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Marketing Orders: Pistachios Grown in California, Arizona, and New Mexico, 34181-34186 2011-14432 National Organic Program: Draft Guidance for Accredited Certifying Agents and Certified Operations, 34180-34181 2011-14500 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service See National Institute of Food and Agriculture Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993:

ASTM International Standards, 34252 2011-14515 IMS Global Learning Consortium, Inc., 34252 2011-14514 Portland Cement Association, 34252 2011-14506 Army Army Department See Engineers Corps Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Coast Guard Coast Guard RULES Safety Zones: Barrier Testing Operations, Chicago Sanitary and Ship Canal, Romeoville, IL, 34145-34147 2011-14625 PROPOSED RULES Change to Cottonwood Island Anchorage, Columbia River, Oregon and Washington, 34197-34200 2011-14505 NOTICES Chemical Transportation Advisory Committee;

Establishment, 34240-34241 2011-14513 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Department Defense Department See Engineers Corps Education Education Department RULES Program Integrity: Gainful Employment; Debt Measures, 34386-34539 2011-13905 Employee Benefits Employee Benefits Security Administration NOTICES Grant of Exemptions from Certain Prohibited Transaction Restrictions, 34253-34260 2011-14521 Proposed Exemptions from Certain Prohibited Transaction Restrictions, 34260-34270 2011-14520 Employment and Training Employment and Training Administration NOTICES Federal-State Extended Benefits Program:

Methodology for Calculating On or Off Total Unemployment Rate Indicators, etc., 34270-34271 2011-14478 Intent to Terminate Certification Regarding Eligibility to Apply For Worker Adjustment Assistance: Hewlett Packard Global Parts Supply Chain, Houston, TX, 34271-34272 2011-14563 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 34272-34273 2011-14564 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Commercial and Industrial Pumps, 34192-34196 2011-14553 NOTICES Applications for Long-Term Authorization to Export Liquefied Natural Gas:

Lake Charles Exports, LLC, 34212-34215 2011-14554 Meetings: Quadrennial Technology Review Capstone Workshop, 34215-34216 2011-14565 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Proposed Kennecott Utah Copper LLC Tailings Expansion Project, near Magna, Salt Lake County, UT, 34211-34212 2011-14560 Final General Conformity Determinations and Records of Decision; Availability: San Pedro Waterfront Project, Port of Los Angeles, Los Angeles County, CA, 34212 2011-14587 Environmental Protection Environmental Protection Agency RULES Land Disposal Restrictions:

Revision of the Treatment Standards for Carbamate Wastes, 34147-34157 2011-14594 PROPOSED RULES Land Disposal Restrictions: Revision of the Treatment Standards for Carbamate Wastes, 34200-34202 2011-14592 NOTICES Proposed Prospective Purchaser Agreement Amendment, 34229-34230 2011-14570 Federal Aviation Federal Aviation Administration PROPOSED RULES Establishments of Class E Airspace: Forest, VA, 34196-34197 2011-14588 Federal Communications Federal Communications Commission NOTICES Meetings:

Technological Advisory Council, 34230 2011-14586 Meetings; Sunshine Act, 34230 2011-14641 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 34230-34231 2011-14709 Federal Emergency Federal Emergency Management Agency NOTICES Emergency Disaster Declarations: Alabama; Amendment No. 2, 34241-34242 2011-14492 Major Disaster and Related Determinations: Iowa, 34242 2011-14495 Major Disaster Declarations: Alabama; Amendment No. 14, 34243-34244 2011-14562 Alabama;

Amendment No. 15, 34244-34245 2011-14578 Alabama; Amendment No. 16, 34242-34243 2011-14490 Alabama; Amendment No. 17, 34243 2011-14493 Kentucky; Amendment No. 9, 34245 2011-14488 Mississippi; Amendment No. 4, 34243 2011-14580 Missouri; Amendment No. 3, 34242 2011-14483 Missouri; Amendment No. 5, 34244 2011-14581 South Dakota; Amendment No. 1, 34241 2011-14487 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34216-34220 2011-14508 2011-14509 Applications for Surrender of License:

Commissioners of Public Works of the City of Spartanburg, SC, 34220-34221 2011-14507 Combined Filings, 34221-34227 2011-14512 2011-14542 2011-14543 2011-14544 2011-14545 Initial Market-Based Rate Filing Including Requests For Blanket Section 204 Authorizations: Fred Meyer Stores, Inc., 34227 2011-14511 Initial Market-Based Rate Filings Including Requests For Blanket Section 204 Authorizations: TrueLight Commodities, LLC, 34227 2011-14541 TrueLight Energy, LLC, 34228 2011-14546 License Amendment Applications:

FPL Energy Maine Hydro, LLC, 34228-34229 2011-14510 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34287-34290 2011-14549 2011-14555 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 34231 2011-14533 Fish Fish and Wildlife Service NOTICES Meetings: Trinity Adaptive Management Working Group, 34248 2011-14523 Food and Nutrition Food and Nutrition Service RULES Child and Adult Care Food Program:

Improving Management and Program Integrity, 34542-34572 2011-13623 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Expansion of Manufacturing Authority: Foreign-Trade Subzone 78A, Nissan North America, Inc., Smyrna and Decherd, TN, 34203-34204 2011-14574 Reorganizations and Expansions Under Alternative Site Framework: Foreign-Trade Zone 153, San Diego, CA, 34204 2011-14577 Forest Forest Service NOTICES Meetings: Humboldt NV Resource Advisory Committee, 34203 2011-14522 Health and Human Health and Human Services Department See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Customs and Border Protection PROPOSED RULES Privacy Act of 1974: Implementation of Exemptions: Alien File, Index, and National File Tracking System of Records, 34177-34180 2011-14486 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Science and Technology First Responders Community of Practice program, 34232-34233 2011-14551 Science and Technology, External S and T Collaboration Site, 34231-34232 2011-14539 Privacy Act; Systems of Records, 34233-34240 2011-14489 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau NOTICES Meetings:

Equestrian Stables at Meadowood Special Recreation Management Area, VA, 34248 2011-14524 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34292-34297 2011-14525 2011-14526 2011-14527 2011-14529 2011-14530 2011-14531 2011-14532 2011-14534 Availability of 2012 Grant Application Packages: Low Income Taxpayer Clinic Program, 34297 2011-14535 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews:

Certain Lined Paper Products from the People's Republic of China, 34204-34207 2011-14573 Applications for Duty-Free Entry of Scientific Instruments, 34207 2011-14576 Extension of Preliminary Results of Antidumping Duty New Shipper Review: Uncovered Innerspring Units from the People's Republic of China, 34207-34208 2011-14575 Justice Department Justice Department See Antitrust Division Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration PROPOSED RULES Reducing Regulatory Burden;

Retrospective Review under E.O. 13563, 34177 2011-14585 NOTICES Advisory Committee on Veterans' Employment, Training and Employer Outreach; Re-establishment, 34252-34253 2011-14579 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 34248-34249 2011-14497 Environmental Assessments; Availability, etc.: Farmington, NM, Field Office Visual Resources, 34249-34250 2011-14491 Proposed Gila Lower Box Area of Critical Environmental Concern, Hidalgo and Grant Counties, NM, 34250-34251 2011-14496 Proposed Reinstatement of Terminated Oil and Gas Leases:

Nevada, 34251-34252 2011-14494 Millenium Millennium Challenge Corporation NOTICES Meetings; Sunshine Act, 34273 2011-14647 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: National Council on Arts, 34273 2011-14561 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34290-34291 2011-14464 National Institute Food National Institute of Food and Agriculture PROPOSED RULES Hispanic-Serving Agricultural Colleges and Universities Certification Process, 34187-34192 2011-14498 National Institute National Institute of Standards and Technology NOTICES Designation as Responsible Organization for Certified Liquid Viscosity Reference Standards:

Cannon Instrument Co., 34208-34209 2011-14434 National Oceanic National Oceanic and Atmospheric Administration RULES Taking and Importing Marine Mammals: Operation and Maintenance of Neptune Liquefied Natural Gas Facility off Massachusetts, 34157-34176 2011-14614 NOTICES Meetings: International Whaling Commission; Nominations, 34209 2011-14623 Workshops: Schedules for Atlantic Shark Identification and Protected Species Safe Handling, Release, and Identification, 34209-34211 2011-14622 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments;

Availability, etc.: Special Nuclear Material License Application, Tennessee Valley Authority Watts Bar Nuclear Plant, Unit 2, Spring City, TN, 34273-34276 2011-14559 Meetings: ACRS Subcommittee on Advanced Boiling Water Reactor, 34276-34277 2011-14548 ACRS Subcommittee On Digital Instrumentation And Control Systems, 34276 2011-14550 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 34277 2011-14675 Securities Securities and Exchange Commission RULES Whistleblower Provisions of the Securities Exchange Act, 34300-34384 2011-13382 NOTICES Meetings;

Sunshine Act, 34277-34278 2011-14672 2011-14719 2011-14720 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 34278-34281 2011-14516 2011-14519 NASDAQ OMX BX, Inc., 34284-34286 2011-14517 NASDAQ Stock Market LLC, 34281-34284 2011-14518 Small Business Small Business Administration NOTICES Disaster Declarations: South Dakota; Amendment 1, 34286 2011-14501 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Advisory Committee for Women's Services, 34231 2011-14504 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration NOTICES Meetings: Connected Vehicle Infrastructure Deployment Analysis Report Review, 34286-34287 2011-14538 ITS Joint Program Office; Core System Requirements Walkthrough and Architecture Proposal Review, 34287 2011-14537 Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 34291-34292 2011-14502 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Petition for Remission or Mitigation of Forfeitures and Penalties Incurred, 34245-34246 2011-14503 Automated Commercial Environment: National Customs Automation Program Test of Automated Procedures for In-Bond Shipments, etc., 34246-34248 2011-14536 Separate Parts In This Issue Part II Securities and Exchange Commission, 34300-34384 2011-13382 Part III Education Department, 34386-34539 2011-13905 Part IV Agriculture Department, Food and Nutrition Service, 34542-34572 2011-13623 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. 76 113 Monday, June 13, 2011 Rules and Regulations AGENCY FOR INTERNATIONAL DEVELOPMENT 2 CFR Part 780 22 CFR Part 208 RIN 0412-AA67 Implementation of OMB Guidance on Government-Wide Debarment and Suspension (Non-procurement) AGENCY:

U.S. Agency for International Development. ACTION: Final Rule. SUMMARY: The U.S. Agency for International Development (USAID) is removing its regulation implementing the Government-wide common rule on debarment and suspension (non-procurement), currently located in Part 208 of Title 22 of the Code of Federal Regulations (CFR), and issuing a new regulation to adopt the Office of Management and Budget

(OMB)guidance at 2 CFR part 180. This regulatory action implements the OMB's initiative to streamline and consolidate into one title of the CFR all Federal regulations on debarment and suspension. These changes constitute an administrative simplification that would make no substantive change in USAID policy or procedures for debarment and suspension. DATES: This final rule is effective on August 12, 2011 without further action. Submit comments by July 13, 2011 on any unintended changes this action makes in USAID policies and procedures for debarment and suspension. All comments on unintended changes will be considered and, if warranted, USAID will revise the rule. ADDRESSES: You may submit comments, identified by RIN 0412-AA67 in the subject line to Ms. M. E. Yearwood, USAID—M/OAA/P, SA-44, 867B, 1300 Pennsylvania Ave., NW., Washington, DC 20523, e-mail *myearwood@usaid.gov,* fax

(202)567-4695 FOR FURTHER INFORMATION CONTACT: Melita E. Yearwood, Procurement Analyst, Office of Acquisition and Assistance, Policy Division at

(202)567-4672. SUPPLEMENTARY INFORMATION: Background When it established Title 2 of the CFR as the new central location for OMB guidance and agency implementing regulations concerning grants and agreements [69 FR 26276, May 11, 2004], OMB announced its intention to replace common rules with OMB guidance that agencies could adopt in brief regulations. OMB began that process by proposing [70 FR 51863, August 31, 2005] and finalizing [71 FR 66431, November 15, 2006] Government-wide guidance on non-procurement suspension and debarment in 2 CFR part 180. The guidance requires each agency to replace the common rule on debarment and suspension requirements that the agency previously issued in its own CFR title with a brief regulation in 2 CFR adopting the Government-wide policies and procedures. One advantage of this approach is that it reduces the total volume of drug-free workplace regulations. A second advantage is that it collocates OMB's guidance and all of the agencies' implementing regulations in 2 CFR. OMB published interim final guidance in the Federal Register on August 31, 2005 [70 FR 51863]. The August 2005 **Federal Register** Notice stated that the substantive content of the interim final guidelines was intended to conform with the substance of the Federal agencies' most recent update to the common rule [68 FR 66534, November 26, 2003]. The Current Regulatory Actions As the OMB guidance requires, USAID is taking two regulatory actions. First, we are removing the debarment and suspension common rule from 22 CFR Part 208. Second, to replace the common rule, we are issuing a brief regulation in 2 CFR Part 180 to adopt the Government-wide policies and procedures in the OMB guidance. Invitation to Comment Taken together, these regulatory actions are solely an administrative simplification and are not intended to make any substantive change in policies or procedures. In soliciting comments on these actions, we therefore are not seeking to revisit substantive issues that were resolved during the development of the final common rule in 2003. We are inviting comments specifically on any unintended changes in substantive content that the new part in 2 CFR would make relative to the common rule at 22 CFR part 208. Administrative Procedure Act Under the Administrative Procedure Act (5 U.S.C. 553), agencies generally propose a regulation and offer interested parties the opportunity to comment before it becomes effective. However, as described in the “Background” section of this preamble, the policies and procedures in this regulation have been proposed for comment two times—one time by Federal agencies as a common rule in 2003 and a second time by OMB as guidance in 2006—and adopted each time after resolution of the comments received. This direct final rule is solely an administrative simplification that would make no substantive change in USAID's policy or procedures for debarment and suspension. We therefore believe that the rule is noncontroversial and do not expect to receive adverse comments, although we are inviting comments on any unintended substantive change this rule makes. Accordingly, we find that the solicitation of public comments on this direct final rule is unnecessary and that “good cause” exists under 5 U.S.C. 553(b)(B) and 553(d) to make this rule effective on August 12, 2011 without further action, unless we receive adverse comment by July 13, 2011. If any comment on unintended changes is received, it will be considered and, if warranted, we will publish a timely revision of the rule. Executive Order 12866 OMB has determined this rule to be not significant for purposes of E.O. 12866. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This proposed regulatory action will not have a significant adverse impact on a substantial number of small entities. Unfunded Mandates Act of 1995 (Sec. 202 Pub. L. 104-4) This proposed regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector of $100 million or more in any one year. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. Federalism (Executive Order 13132) This proposed regulatory action does not have Federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. List of Subjects 2 CFR Part 780 Administrative practice and procedure, Debarment and suspension, Grant programs, Grants administration, Reporting and recordkeeping requirements, Government procurement. 22 CFR Part 208 Administrative practice and procedure, Debarment and suspension, Grant programs, Grants administration, Reporting and recordkeeping requirements, Government procurement. Accordingly, for the reasons set forth in the preamble, and under the authority of 5 U.S.C. 301, the USAID amends the Code of Federal Regulations, Title 2, Subtitle B, by establishing Chapter VII, consisting of part 780 and to read as follows: 1. Chapter VII, consisting of part 780 is added to Title 2 to read as follows: CHAPTER VII—AGENCY FOR INTERNATIONAL DEVELOPMENT PART 780—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 780.10 What does this part do? 780.20 Does this part apply to me? 780.30 What policies and procedures must I follow? Subpart A—General 780.137 Who in the Agency for International Development may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 780.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 780.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions 780.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? Subparts E-H—[Reserved] Subpart I—Definitions 780.930 Debarring Official (Agency for International Development supplement to government-wide definition at 2 CFR 180.930). 780.1010 Suspending Official (Agency for International Development supplement to government-wide definition at 2 CFR 180.1010). Subpart J—[Reserved] Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 235. § 780.10 What does this part do? This part adopts the Office of Management and Budget

(OMB)guidance in subparts A through I of 2 CFR part 180, as supplemented by this part, as the USAID policies and procedures for non-procurement debarment and suspension. It thereby gives regulatory effect for USAID to the OMB guidance as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189); Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235); and section 2455 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355 (31 U.S.C. 6101 note). § 780.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in subparts A through I of 2 CFR part 180 (see table at 2 CFR 180.100(b)) apply to you if you are a—

(a)Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “non-procurement transaction” at 2 CFR 180.970);

(b)Respondent in a USAID suspension or debarment action;

(c)USAID debarment or suspension official; and

(d)USAID grants officer, agreements officer, or other official authorized to enter into any type of non-procurement transaction that is a covered transaction. § 780.30 What policies and procedures must I follow? The USAID policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance in subparts A through I of 2 CFR part 180 and any supplemental policies and procedures set forth in this part. Subpart A—General § 780.137 Who in USAID may grant an exception to let an excluded person participate in a covered transaction? The Director, Office of Acquisition and Assistance or designee, may grant an exception permitting an excluded person to participate in a particular covered transaction. If the Director, Office of Acquisition and Assistance or designee grants an exception, the exception must be in writing and state the reason(s) for deviating from the government-wide policy in Executive Order 12549. Subpart B—Covered Transactions § 780.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? In addition to the contracts covered under 2 CFR 180.220(b) of the OMB guidance, this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by the USAID under a covered non-procurement transaction and the amount of the contract is expected to equal or exceed $25,000. This extends the coverage of the USAID non-procurement suspension and debarment requirements to all lower tiers of subcontracts under covered non-procurement transactions, as permitted under the OMB guidance at 2 CFR 180.220(c) (see optional lower tier coverage in the figure in the appendix to 2 CFR part 180). Subpart C—Responsibilities of Participants Regarding Transactions § 780.332 What requirements must I pass down to persons at lower tiers with whom I intend to do business? You, as a participant, must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart. Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions § 780.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, and supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions. Subparts E-H—[Reserved] Subpart I—Definitions § 780.930 Debarring Official (Agency for International Development supplement to government-wide definition at 2 CFR 180.930). The Debarring Official for USAID is the Director of the Office of Acquisition and Assistance. § 780.1010 Suspending Official (Agency for International Development supplement to government-wide definition at 2 CFR 180.1010). The Suspending Official for USAID is the Director of the Office of Acquisition and Assistance. Subpart J—[Reserved] 2. Title 22, chapter II is amended by removing part 208. Dated: March 24, 2011. M.E. Yearwood, Acquisitions and Assistance Policy Analyst, USAID. [FR Doc. 2011-14242 Filed 6-10-11; 8:45 am]

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