Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-08-29.xml --- 76 167 Monday, August 29, 2011 Contents Agriculture Agriculture Department See Forest Service RULES BioPreferred Program, 53631-53633 2011-21694 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Formative Data Collections for Informing Policy Research, 53682 2011-21868 Pre-Testing of Evaluation Surveys, 53682-53683 2011-21863 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 53670-53671 2011-22148 2011-22152 2011-22155 2011-22158 2011-22161 Defense Department Defense Department NOTICES Meetings: Defense Intelligence Agency Advisory Board, 53671-53672 2011-22004 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Implementation of Green Jobs and Health Care Training Grants, 53698-53699 2011-22002 Labor Surplus Area Classification under Executive Orders 12073 and 10582, 53699-53700 2011-22003 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans:

Delaware; Infrastructure State Implementation Plan Requirement to Address Interstate Transport for 2006 24-Hour PM2.5 NAAQS, 53638-53640 2011-21935 Pesticide Tolerances: Tetraconazole, 53641-53648 2011-21947 Revisions to the California State Implementation Plan: San Joaquin Valley Unified Air Pollution Control District, 53640-53641 2011-21940 NOTICES Intent to Suspend Certain Pesticide Registrations, 53678-53680 2011-21990 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Viking Air Limited; Type Certificate No. A-815 Formerly Held by Bombardier Inc. and de Havilland, Inc., 53633-53636 2011-21876 Amendments of Class E Airspace: Gary, IN, 53636 2011-21908 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53680-53682 2011-21985 2011-21986 Federal Energy Federal Energy Regulatory Commission NOTICES Applications for Amendments of Licenses: South Carolina Electric and Gas Co., 53672 2011-21982 Combined Filings, 53672-53677 2011-21995 2011-21996 2011-21997 2011-21998 2011-22000 2011-22001 Surrenders of Exemptions:

BMB Enterprises, Inc., 53677 2011-21981 Calleguas Municipal Water District (Conduit), 53678 2011-21983 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Ada County, ID; Recission, 53705-53706 2011-21968 Final Federal Agency Actions on Proposed Highway in Washington, 53706-53707 2011-21965 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings: Motor Carrier Safety Advisory Committee; Amendment, 53707 2011-22049 Qualification of Drivers;

Exemption Applications; Diabetes Mellitus, 53707-53708 2011-22047 Qualification of Drivers; Exemption Applications; Vision, 53708-53712 2011-22050 2011-22052 Federal Trade Federal Trade Commission RULES Telemarketing Sales Rule Fees, 53636-53638 2011-21992 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-21999 53712-53715 2011-22008 2011-22014 2011-22025 Food and Drug Food and Drug Administration NOTICES Draft Guidance for Industry;

Availability: Oversight of Clinical Investigations; A Risk-Based Approach to Monitoring, 53683-53685 2011-21972 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 53697-53698 2011-22140 Forest Forest Service NOTICES Meetings: GMUG Resource Advisory Committee, 53665 2011-22036 Nevada and Placer Counties Resource Advisory Committee, 2011-22017 53664-53666 2011-22027 2011-22030 Santa Rosa and San Jacinto Mountains National Monument Advisory Committee;

California, 53695 2011-22037 Sierra County Resource Advisory Committee, 2011-22033 53663-53664 2011-22034 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department RULES Immigration Benefits Business Transformation, Increment I, 53764-53806 2011-20990 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Section 8 Random Digit Dialing Fair Marketing Rent Surveys, 53691-53692 2011-22029 United States Postal Service Vacancy Data User Verification Page, 53692-53693 2011-22031 Interior Interior Department See Land Management Bureau International Trade Adm International Trade Administration NOTICES Meetings: U.S. Travel and Tourism Advisory Board, 53666 2011-21989 International Trade Com International Trade Commission NOTICES Investigations: Certain Computer Forensic Devices and Products Containing the Same, 53695-53696 2011-21960 Justice Department Justice Department See Foreign Claims Settlement Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Drug Threat Survey, 53696-53697 2011-21955 Proposed Consent Decrees Under CERCLA, 53697 2011-21938 Labor Department Labor Department See Employment and Training Administration RULES Nondisplacement of Qualified Workers under Service Contracts, 53720-53762 2011-21261 Land Land Management Bureau NOTICES Coal Exploration License Application, Colorado; Invitation to Participate, 53693 2011-21966 Environmental Impact Statements; Availability, etc.:

Proposed McCoy Solar Energy Project and Possible Land Use Plan Amendment, Riverside County, CA, 53693-53694 2011-21969 Filing of Plats of Survey: Montana, 53695 2011-22040 Meetings: Santa Rosa and San Jacinto Mountains National Monument Advisory Committee; California, 53695 2011-22037 National Archives National Archives and Records Administration NOTICES Records Schedules, 53700-53702 2011-22041 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards:

Occupant Crash Protection, 53648-53652 2011-21946 PROPOSED RULES Federal Motor Vehicle Safety Standards: Seat Belt Assemblies; Denial of Petition for Rulemaking, 53660-53662 2011-21949 NOTICES Petitions for Decision of Inconsequential Noncompliance: Forest River, Inc., 53715-53717 2011-21953 National Institute National Institute of Standards and Technology NOTICES Meetings: Manufacturing Extension Partnership Advisory Board, 53666-53667 2011-21988 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Partner and Customer Satisfaction Surveys, 53685-53686 2011-21980 Meetings: Center for Scientific Review, 53686-53689 2011-21963 2011-21970 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 53686 2011-21967 Interagency Autism Coordinating Committee Services Subcommittee; Workshop, 53689-53690 2011-21961 National Cancer Institute, 53687 2011-21973 National Eye Institute, 53687-53688 2011-21974 National Institute of Allergy and Infectious Diseases, 53688, 53691 2011-21975 2011-21976 National Institute of Biomedical Imaging and Bioengineering, 53690-53691 2011-21978 National Institute of Diabetes and Digestive and Kidney Diseases, 53690 2011-21979 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:

Atlantic Shark Management Measures, 53652-53658 2011-21732 Fisheries of the Exclusive Economic Zone Off Alaska: Pollock in Statistical Area 630 in the Gulf of Alaska, 53658-53659 2011-22012 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 53702 2011-22199 Patent Patent and Trademark Office NOTICES Establishing a One-Year Retention Period for Patent-Related Papers That Have Been Scanned, 53667-53670 2011-21964 Postal Service Postal Service NOTICES Meetings;

Sunshine Act, 53702 2011-22060 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Women's Equality Day (Proc. 8699), 53807-53810 2011-22256 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 53702 2011-22069 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53702-53704 2011-21956 2011-22007 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Passport Demand Forecasting Study Phase III, 53704-53705 2011-21994 Culturally Significant Objects Imported for Exhibition Determinations: Seductive Luxury and Innovation; The Furniture of Abraham and David Roentgen, 53705 2011-21993 Surface Transportation Surface Transportation Board NOTICES Meetings: National Grain Car Council, 53717 2011-21943 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See United States Mint U.S.

China U.S.-China Economic and Security Review Commission NOTICES Meetings: 2011 Annual Report to Congress, 53717-53718 2011-21984 U.S. Mint United States Mint NOTICES Pricing for the 2011 American Eagle Silver Proof Coin, 53717 2011-22046 Pricing for the 2011 American Eagle Silver Uncirculated Coin, 53717 2011-22045 Separate Parts In This Issue Part II Labor Department, 53720-53762 2011-21261 Part III Homeland Security Department, 53764-53806 2011-20990 Part IV Presidential Documents, 53807-53810 2011-22256 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. 76 167 Monday, August 29, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE 7 CFR Parts 2902, 3201, and 3202 RIN 0503-AA41 BioPreferred Program AGENCY: Office of Procurement and Property Management, USDA. ACTION: Direct final rule.

SUMMARY: The U.S. Department of Agriculture

(USDA)is taking direct final action to relocate the BioPreferred Program, established under the authority of section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), as amended by the Food, Conservation, and Energy Act of 2008 (FCEA), 7 U.S.C. 81027, from chapter XXIX of title 7 of the Code of Federal Regulations

(CFR)to chapter XXXII of title 7 of the CFR. DATES: This rule is effective October 28, 2011. Submit comments on the direct final rule by September 28, 2011. If we receive any timely significant adverse comment, we will withdraw this final rule in part or in whole by publication of a document in the **Federal Register** within 30 days after the comment period ends. ADDRESSES: You may submit comments by any of the following methods. All submissions received must include the agency name and Regulatory Information Number (RIN). The RIN for this rulemaking is 0503-AA41. Also, please identify submittals as pertaining to the “Redesignation of the BioPreferred Program.” • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail:* *biopreferred@usda.gov.* Include RIN number 0503-AA41 and “Redesignation of the BioPreferred Program” on the subject line. Please include your name and address in your message. • *Mail/commercial/hand delivery:* Mail or deliver your comments to: Ron Buckhalt, USDA, Office of Procurement and Property Management, Room 361, Reporters Building, 300 7th St., SW., Washington, DC 20024. • Persons with disabilities who require alternative means for communication for regulatory information (Braille, large print, audiotape, etc.) should contact the USDA TARGET Center at

(202)720-2600 (voice) and

(202)690-0942 (TTY). FOR FURTHER INFORMATION CONTACT: Ron Buckhalt, USDA, Office of Procurement and Property Management, Room 361, Reporters Building, 300 7th St., SW., Washington, DC 20024; e-mail: *biopreferred@usda.gov;* phone

(202)205-4008. Information regarding the Federal biobased preferred procurement program (one part of the BioPreferred Program) is available on the Internet at *http://www.biopreferred.gov.* SUPPLEMENTARY INFORMATION: I. Background and Purpose of the Final Rule The USDA BioPreferred Program provides for the preferred procurement of biobased products by Federal agencies as well as a voluntary labeling program for biobased products. The BioPreferred Program was established under the authority of section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102, as amended by the Food, Conservation, and Energy Act of 2008 (FCEA). USDA's Office of Energy Policy and New Uses (OEPNU) began development of the regulatory framework to implement the BioPreferred Program soon after passage of FSRIA and promulgated the “Guidelines for Designating Biobased Products for Federal Procurement” on January 11, 2005. The Guidelines are contained in part 2902 of chapter XXIX of title 7 of the Code of Federal Regulations

(CFR)and that chapter is assigned to OEPNU. In addition to the Guidelines, OEPNU completed, and added to part 2902, regulations designating 33 categories of biobased products for Federal procurement preference. In October, 2008, the regulatory development and implementation efforts for the BioPreferred Program were transferred from OEPNU to USDA's Office of Procurement and Property Management (OPPM). Subsequent rulemaking actions completed by OPPM (including the additional designations of categories of biobased products for Federal procurement preference (part 2902) and the promulgation of the Voluntary Labeling program for biobased products (part 2904)) have continued to appear in 7 CFR chapter XXIX, even though chapter XXXII of the CFR is assigned to OPPM. This direct final rule will relocate all elements of the BioPreferred Program from chapter XXIX of the CFR to chapter XXXII, as OPPM has sole responsibility for administering the program. USDA is establishing, within chapter XXXII of the CFR, a new part 3201 and relocating all of the regulatory text relating to the Federal procurement preference from part 2902 into the newly created part 3201. In addition, USDA is establishing a new part 3202 and relocating the regulatory text relating to the Voluntary Labeling program from part 2904 into the newly created part 3202. II. Regulatory Information A. Executive Order 12866: Regulatory Planning and Review This rule has been reviewed under Executive Order 12866. It has been determined that this rule is not a “significant regulatory action” under the terms of Executive Order 12866, because its purpose is only to transfer existing regulatory text from one chapter of the CFR to another. Therefore, this rule has not been reviewed by the Office of Management and Budget (OMB). B. Executive Order 12630: Governmental Actions and Interference With Constitutionally Protected Property Rights This rule has been reviewed in accordance with Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and does not contain policies that would have implications for these rights. C. Executive Order 12988: Civil Justice Reform This rule has been reviewed in accordance with Executive Order 12988, Civil Justice Reform. This rule does not preempt State or local laws, is not intended to have retroactive effect, and does not involve administrative appeals. D. Executive Order 13132: Federalism This rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Provisions of this rule will not have a substantial direct effect on States or their political subdivisions or on the distribution of power and responsibilities among the various government levels. E. Unfunded Mandates Reform Act of 1995 This rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538, for State, local, and tribal governments, or the private sector. Therefore, a statement under section 202 of UMRA is not required. F. Executive Order 12372: Intergovernmental Review of Federal Programs For the reasons set forth in the Final Rule Related Notice for 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), this program is excluded from the scope of the Executive Order 12372, which requires intergovernmental consultation with State and local officials. This program does not directly affect State and local governments. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Today's rule does not significantly or uniquely affect “one or more Indian tribes, * * * the relationship between the Federal Government and Indian tribes, or * * * the distribution of power and responsibilities between the Federal Government and Indian tribes.” Thus, no further action is required under Executive Order 13175. H. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 through 3520), the information collection under the BioPreferred Program is currently approved under OMB control numbers 0503-0011 and 0503-0020. List of Subjects in 7 CFR Parts 2902, 2904, 3201, and 3202 Biobased products, Labeling, Procurement. For the reasons stated in the preamble, the Department of Agriculture amends chapters XXIX and XXXII of title 7 of the Code of Federal Regulations as follows: CHAPTER XXXII—OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT 1. Amend title 7 CFR chapter XXXII by establishing parts 3201 and 3202 to read as follows: PART 3201—GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL PROCUREMENT PART 3202—VOLUNTARY LABELING PROGRAM FOR BIOBASED PRODUCTS CHAPTER XXIX—OFFICE OF ENERGY POLICY AND NEW USES PART 2902—GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL PROCUREMENT 2. Transfer 7 CFR part 2902, Subpart A—General, §§ 2902.1 through 2902.9 from chapter XXIX to chapter XXXII and redesignate as 7 CFR part 3201, Subpart A—General, §§ 3201.1 through 3201.9. 3. Transfer 7 CFR part 2902, Subpart B—Designated Items, §§ 2902.10 through 2902.74 from chapter XXIX to chapter XXXII and redesignate as 7 CFR part 3201, Subpart B—Designated Items, §§ 3201.10 through 3201.74. PART 2904—VOLUNTARY LABELING PROGRAM FOR BIOBASED PRODUCTS 4. Transfer 7 CFR part 2904, §§ 2904.1 through 2904.10 from chapter XXIX to chapter XXXII and redesignate as 7 CFR part 3202, §§ 3202.1 through 3202.10. CHAPTER XXXII—OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT PART 3201—GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL PROCUREMENT 5. The authority citation for the newly established part 3201 reads as follows: Authority: 7 U.S.C. 8102. 6. In newly redesignated § 3201.9, revise the reference to “§ 2902.8” to read “§ 3201.8”. PART 3202—VOLUNTARY LABELING PROGRAM FOR BIOBASED PRODUCTS 7. The authority citation for the newly established part 3202 reads as follows: Authority: 7 U.S.C. 8102. 8. Amend the newly redesignated part 3202 as follows: Amend: By removing the reference to: And adding in its place: § 2904.2, definition of “Biobased content” part 2902 part 3201. § 2904.2, definition of “BioPreferred Product” part 2902 part 3201. § 2904.2, definition of “Designated item” part 2902 part 3201. § 2904.2, definition of “Mature market product” part 2902 part 3201. § 2904.4(a) § 2904.2 § 3202.2. § 2904.4(b)(1)(i) part 2902 part 3201. § 2904.4(b)(2)(ii) part 2902 part 3201. § 2904.4(b)(3)(iii) part 2902 part 3201. § 2904.5(a)(2) § 2904.2 § 3202.2. § 2904.5(b)(2)(i) § 2904.4 § 3202.4. § 2904.5(b)(2)(iii) § 2904.6 § 3202.6. § 2904.6(c) § 2904.5(a) § 3202.5(a). § 2904.8(a) § 2904.6 § 3202.6. § 2904.8(a) § 2904.5 § 3202.5. § 2904.8(b)(2)(i) § 2904.7 § 3202.7. § 2904.8(c) § 2904.6 § 3202.6. § 2904.10(b) § 2904.8(b)(1) § 3202.8(b)(1). § 2904.10(c) § 2904.9 § 3202.9. Dated: August 17, 2011. Pearlie S. Reed, Assistant Secretary for Administration, U.S. Department of Agriculture. [FR Doc. 2011-21694 Filed 8-26-11; 8:45 am]

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