Unknown. Final rule

2,962 words·~13 min read·/register/2011/10/14/2011-26635·

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-10-14.xml --- 76 199 Friday, October 14, 2011 Contents Administration on Aging See Aging Administration Aging Aging Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Aging and Disability Resource Center Program, 63924 2011-26552 Agriculture Agriculture Department See Food Safety and Inspection Service See Rural Utilities Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Establishment of Wisconsin Ledge Viticultural Area, 63852-63858 2011-26298 Army Army Department See Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Modernization of Training Infrastructure at Pohakuloa Training Area, HI, 63909-63910 2011-26579 Exclusive, Non-Exclusive, or Partially-Exclusive Licensing of an Invention; Availability: Concerning Method for Estimating Core Body Temperature from Heart Rate, 63910 2011-26585 Device and Method for Inducing Brain Injury in Animal Test Subjects, 63910 2011-26584 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63924-63926 2011-26595 2011-26603 Meetings: Board of Scientific Counselors, Office of Infectious Diseases, 63926 2011-26589 Interagency Task Force on Antimicrobial Resistance, 63927-63928 2011-26562 Coast Guard Coast Guard RULES Drawbridge Operations: Corson Inlet, Strathmere, NJ, 63840-63841 2011-26524 Duwamish West Waterway, Seattle, Wa, 63840 2011-26536 Neuse River, New Bern, NC, 63839-63840 2011-26548 Safety Zones: Annual Firework Displays within the Captain of the Port, Puget Sound Area of Responsibility, 63841 2011-26601 Security Zones:

Potomac River, Georgetown Channel, Washington, DC, 63841-63844 2011-26544 Special Local Regulations for Marine Events: Chesapeake Bay Workboat Race; Back River, Messick Point, Poquoson, VA, 63837-63839 2011-26644 PROPOSED RULES Drawbridge Operations: Trent River, New Bern, NC, 63858 2011-26543 NOTICES Meetings: Navigation Safety Advisory Council, 63934-63935 2011-26641 Removal of Conditions of Entry on Vessels Arriving From the Republic of Congo, 63935 2011-26602 Commerce Commerce Department 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;

Proposed Additions and Deletions, 63905-63906 2011-26575 Consumer Product Consumer Product Safety Commission NOTICES Settlement Agreements and Orders; Provisional Acceptances: Henry Gordy International, Inc., 63906-63908 2011-26662 Corporation Corporation for National and Community Service NOTICES Meetings; Sunshine Act, 63908-63909 2011-26819 Defense Department Defense Department See Army Department See Engineers Corps PROPOSED RULES Federal Acquisition Regulations: Privacy Training, 2010-013, 63896-63899 2011-26546 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63912-63913 2011-26509 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Commercial Building Workforce Job/Task Analyses, 63913-63914 2011-26645 Engineers Engineers Corps NOTICES Environmental Impact Statements: Excelsior Estates Project in Sacramento County, CA, 63910-63911 2011-26587 Environmental Impact Statements; Availability, etc.: Permit Application for Proposed Aggregate Terminal Project, Pier D, Port of Long Beach, CA, 63911-63912 2011-26660 Environmental Protection Environmental Protection Agency PROPOSED RULES Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone, 63860-63878 2011-26521 Approvals and Promulgations of Air Quality Implementation Plans:

Virginia; Amendments to Regulations Regarding Sulfur Dioxide National Ambient Air Quality Standard, 63859-63860 2011-26628 New Source Performance Standards Review for Nitric Acid Plants, 63878-63891 2011-26089 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipt, 63922 2011-26610 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Special Conditions: Boeing Model 767-400ER Series Airplanes;

Seats with Inflatable Lapbelts, 63818-63821 2011-26554 Gulfstream Aerospace LP

(GALP)Model G280 Airplane Pilot-Compartment View - Hydrophobic Coatings in Lieu of Windshield Wipers, 63823-63824 2011-26556 Gulfstream Aerospace LP

(GALP)Model G280 airplane, Limit Engine Torque Loads for Sudden Engine Stoppage, 63822-63823 2011-26557 PROPOSED RULES Special Conditions: Learjet Inc., Model LJ-200-1A10 airplane, pilot-compartment view through hydrophobic windshield coatings in lieu of windshield wipers, 63851-63852 2011-26555 NOTICES Meetings: RTCA Special Committee 186; Automatic Dependent Surveillance - Broadcast, 63987-63988 2011-26621 Federal Deposit Federal Deposit Insurance Corporation RULES Disclosure of Information; Privacy Act Regulations, 63817-63818 2011-26635 NOTICES Meetings; Sunshine Act, 63922-63923 2011-26686 Federal Emergency Federal Emergency Management Agency NOTICES Adjustment of Countywide Per Capita Impact Indicator, 63936 2011-26612 Adjustment of Statewide Per Capita Impact Indicator, 63936 2011-26611 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preparedness Comprehensive Assessment Support Tool, 63936-63937 2011-26520 Emergency Declarations: Massachusetts; Amendment No. 2, 63937-63938 2011-26619 Vermont; Amendment No. 2, 63937 2011-26615 Major Disaster Declarations: Massachusetts; Amendment No. 2, 2011-26627 63938-63939 2011-26629 Texas; Amendment No. 4, 63938 2011-26624 Vermont; Amendment No. 2, 63938-63939 2011-26608 2011-26622 Major Disasters and Related Determinations: Kansas, 63940 2011-26614 Puerto Rico, 63939-63940 2011-26626 Maximum Amount of Assistance Under the Individuals and Households Program, 63940-63941 2011-26613 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: DCP Midstream, LP, 63915-63916 2011-26567 Ocean Renewable Power Company, LLC, 63917-63918 2011-26569 Sabine River Authority of Texas and Louisiana, 63914-63915 2011-26600 Transcontinental Gas Pipe Line Co., LLC, 63916 2011-26573 Complaints: ConocoPhillips Co. v. SFPP, LP, 63918 2011-26571 Tesoro Refining and Marketing Co. v. SFPP, LC, 63918-63919 2011-26572 License Applications: Whitestone Power and Communications, 63919 2011-26597 Petitions for Declaratory Orders: City of South Daytona, FL, 63919 2011-26566 Preliminary Permit Applications: Amnor Hydro West, Inc., 63920-63921 2011-26596 Eldorado Pumped Storage, LLC, 63920 2011-26598 Restricted Service Lists: Central Vermont Public Service Corp., Otter Creek Hydroelectric Project, 63921 2011-26599 Staff Attendances, 63921-63922 2011-26570 Stipulation and Agreement of Settlement: Enogex LLC, 63922 2011-26568 Federal Motor Federal Motor Carrier Safety Administration NOTICES Pilot Project on NAFTA Trucking Provisions; Pre-Authorization Safety Audits, 63988-63990 2011-26687 Federal Railroad Federal Railroad Administration PROPOSED RULES Positive Train Control Systems, 63899-63900 2011-26594 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63990-63991 2011-26649 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 63923 2011-26604 Federal Trade Federal Trade Commission RULES Approval of Divestiture Agreements, 63833-63836 2011-26463 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants, etc: Incidental Take Permit Application, etc., Duke Energy Corp., Gibson County, IN, 63944-63945 2011-26593 Environmental Assessments; Availability, etc.: White River National Wildlife Refuge, AR; Draft Comprehensive Conservation Plan, 63945-63949 2011-26650 Environmental Impact Statements; Availability, etc.: Application for Incidental Take Permit; NiSource, Inc, 63950 2011-26561 Food and Drug Food and Drug Administration NOTICES Meetings: Circulatory System Devices Panel of the Medical Devices Advisory Committee, 63928-63929 2011-26558 Drug Safety and Risk Management Advisory Committee; Dermatologic and Ophthalmic Drugs Advisory Committee, 63929-63930 2011-26588 Food Safety Food Safety and Inspection Service NOTICES Meetings: Pre-Harvest Food Safety for Cattle, 63901-63902 2011-26541 General Services General Services Administration RULES Federal Travel Regulation: Lodging Reimbursement, 63844-63845 2011-26576 PROPOSED RULES Federal Acquisition Regulations: Privacy Training, 2010-013, 63896-63899 2011-26546 NOTICES Environmental Impact Statements; Availability, etc.: Construction of a New Land Port of Entry in International Falls, MN, 63923-63924 2011-26647 Health and Human Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health PROPOSED RULES Foreign Quarantines: Etiological Agents, Hosts, and Vectors, 63891-63896 2011-26656 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63930-63932 2011-26590 2011-26591 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Adjustment of Disaster Grant Amounts, 63933-63934 2011-26609 Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 63944 2011-26317 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-26678 63992-63995 2011-26679 2011-26683 2011-26688 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Final Results: Circular Welded Carbon Steel Pipes and Tubes from Taiwan, 63902-63904 2011-26654 Justice Department Justice Department NOTICES Lodgings of Consent Decrees under Clean Air Act, 63953-63954 2011-26539 Lodgings of Consent Decrees under Clean Water Act, 63954 2011-26540 Lodgings of Proposed Consent Decrees, 63954 2011-26517 Lodings of Consent Decrees under CERCLA, 63954-63955 2011-26553 Land Land Management Bureau NOTICES Competitive Coal Lease Sales: Utah, 63951 2011-26352 Filings of Plats of Surveys: Montana, 2011-26563 2011-26564 63951-63953 2011-26565 2011-26578 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations: Privacy Training, 2010-013, 63896-63899 2011-26546 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-26577 63955-63956 2011-26580 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 63932-63933 2011-26636 National Human Genome Research Institute, 63932 2011-26617 National Institute of Allergy and Infectious Diseases, 63933 2011-26618 National Institute of Diabetes and Digestive and Kidney Diseases, 63932-63933 2011-26620 2011-26623 National Oceanic National Oceanic and Atmospheric Administration RULES Research Area Within Gray's Reef National Marine Sanctuary, 63824-63833 2011-26633 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Coral Reef Conservation Program Administration, 63904 2011-26616 Meetings: Pacific Fishery Management Council, 63904-63905 2011-26634 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63956 2011-26640 Meetings; Sunshine Act, 63957 2011-26808 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Consumer Product Policy Statement, 63957-63959 2011-26581 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Paying Benefits, 63836-63837 2011-26657 Presidential Documents Presidential Documents PROCLAMATIONS General Pulaski Memorial Day (Proc. 8736), 63997-64000 2011-26860 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63959-63960 2011-26542 Rural Utilities Rural Utilities Service PROPOSED RULES Substantially Underserved Trust Areas, 63846-63850 2011-26133 Securities Securities and Exchange Commission NOTICES Applications: NGP Capital Resources Co., et al., 63960-63964 2011-26525 Meetings; Sunshine Act, 63964 2011-26797 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 63977-63979 2011-26529 BATS Y-Exchange, Inc., 63979-63980 2011-26527 C2 Options Exchange, Inc., 63973-63974 2011-26534 Chicago Board Options Exchange, Inc., 63971-63977 2011-26530 2011-26531 2011-26533 Financial Industry Regulatory Authority, Inc., 63969 2011-26526 International Securities Exchange, LLC, 63964-63966 2011-26535 NASDAQ OMX BX, Inc., 63969-63971 2011-26528 NYSE Amex LLC, 63966-63969 2011-26512 NYSE Arca, Inc., 63980-63983 2011-26511 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63983-63984 2011-26642 Disaster Declarations: Entire United States and U.S. Territories, 63984 2011-26661 Meetings: North Florida District Advisory Council, 63984-63985 2011-26658 State Department State Department NOTICES Cultural Property Requests: Government of Republic of Belize, 63985 2011-26646 Government of Republic of Bulgaria, 63985 2011-26643 Meetings: Cultural Property Advisory Committee, 63985-63986 2011-26648 Surface Transportation Surface Transportation Board NOTICES Lease and Operation Exemptions: Midwest Rail d/b/a Toledo, Lake Erie and Western Railway; Toledo, Lake Erie and Western Railway and Museum, Inc., 63991 2011-26632 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Surface Transportation Board NOTICES Senior Executive Service Performance Review Boards Membership, 63986-63987 2011-26586 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Business Transformation - Automated Integrated Operating Environment; Electronic Immigration System, 63941-63942 2011-26653 Customs U.S. Customs and Border Protection NOTICES Determination of Country of Origin: Surgical Mask with a Protective Eye Shield, 63942-63944 2011-26550 Separate Parts In This Issue Part II Presidential Documents, 63997-64000 2011-26860 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. 76 199 Friday, October 14, 2011 Rules and Regulations FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 309 and 310 RIN 3064-AD83 Disclosure of Information; Privacy Act Regulations; Notice and Amendments AGENCY: Federal Deposit Insurance Corporation (FDIC). ACTION: Final rule. SUMMARY: The Dodd-Frank Wall Street Reform and Consumer Protection Act (Act), abolished the Office of Thrift Supervision

(OTS)and, as of July 21, 2011, the statutorily prescribed transfer date (Transfer Date), the functions and regulations of the OTS relating to savings and loan holding companies, Federal savings associations, and State savings associations to the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency (OCC), and the FDIC, respectively. The Board of Directors is finalizing an interim rule that confirmed that, effective on the Transfer Date, the OTS Freedom of Information Act

(FOIA)and Privacy Act

(PA)regulations will not be enforced by the FDIC and that, instead, all FOIA and PA issues will be addressed under the FDIC's regulations involving disclosure of information and the PA, as amended. DATES: *Effective Date:* The effective date of the final rule is November 14, 2011. FOR FURTHER INFORMATION CONTACT: Ann Johnson Taylor, Counsel, Legal Division,

(202)898-3573 or *ajohnsontaylor@fdic.gov;* Rodney D. Ray, Counsel, Legal Division,

(202)898-3556 or *rray@fdic.gov;* or Martin P. Thompson, Senior Review Examiner, Division of Risk Management Supervision,

(202)898-6767 or *marthompson@fdic.gov.* SUPPLEMENTARY INFORMATION: I. Background The Act, signed into law on July 21, 2010, substantially reorganized the regulation of savings associations and their holding companies. Beginning July 21, 2011, the Transfer Date established in Dodd-Frank, functions formerly performed by the OTS were divided among the FRB, OCC, and FDIC. Section 316(b) of the Act provides that all orders, resolutions, determinations, and regulations issued, made, prescribed, or allowed to become effective by the OTS that were in effect on the day before the Transfer Date continue in effect and are enforceable by the appropriate successor Federal banking agency until modified, terminated, set aside, or superseded in accordance with applicable law by such successor agency, by any court of competent jurisdiction, or by operation of law. Section 323(b) of the Act also provides for the transfer on the Transfer Date of OTS property, including books, accounts, records, reports, files, memoranda, paper, reports of examination, work papers, and correspondence relating to such reports, to the respective agencies, that were used by the OTS on the day before the Transfer Date to support OTS functions. Section 316(c) of the Act further provides for the identification of OTS regulations relating to the supervision of State savings associations to be transferred to the FDIC. On July 6, 2011, the OCC and FDIC published a Joint Notice (Notice) in the **Federal Register** identifying OTS regulations that will be continued and enforced by each agency. In the Notice, the FDIC indicated that it did not intend to continue or enforce existing OTS regulations regarding the Freedom of Information Act or Privacy Act. II. The Final Rule On June 21, 2011, the FDIC published for comment an interim rule providing the public with notice that the FDIC would apply the FDIC's existing FOIA and PA regulations, as of the Transfer Date, to all records or other matters transferred from the OTS to the FDIC. The interim rule also included certain technical amendments to the FDIC's existing regulations and substituted the Bureau of Consumer Financial Protection for the OTS as a Federal financial institution supervisory agency, for purposes of § 309.6, to which exempt records could be disclosed. 1 1 76 FR 35963 (June 21, 2011). Although the interim rule became effective for all existing and future FOIA and PA issues involving state savings associations as of the Transfer Date, the interim rule prescribed a 30-day comment period. The comment period ended on August 22, 2011 and no comments were received. The final rule corrects an erroneous facsimile number contained in § 309.5(b)(1)(ii) of the interim rule. III. Regulatory Analysis and Procedure A. Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.,*

(RFA)applies only to rules for which an agency publishes a general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). As discussed in the interim rule, since the FDIC determined that good cause existed to waive the general notice and comment requirements of the APA, the requirement to prepare a final regulatory flexibility analysis, as described at 5 U.S.C. 604 of the RFA does not apply to this final rule. B. Small Business Regulatory Enforcement Fairness Act The Office of Management and Budget

(OMB)has determined that the final rule is not a “major rule” within the meaning of the relevant sections of the Small Business Regulatory Enforcement Act of 1996 (SBREFA) (5 U.S.C. 801, *et seq.* ). As required by SBREFA, the FDIC will file the appropriate reports with Congress and the General Accounting Office so that the final rule may be reviewed. C. Paperwork Reduction Act No collections of information pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ) are contained in the final rule. D. Plain Language Section 722 of the Gramm-Leach-Bliley Act (Pub. L. 106-102, 113 Stat. 1338, 1471), requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. The FDIC has sought to present the final rule in a simple and straightforward manner and received no comments on the interim rule. E. Riegle Community Development and Regulatory Improvement Act The final rule does not impose any new reporting or disclosure requirements on insured depository institutions under the Riegle Community Development and Regulatory Improvement Act. List of Subjects in 12 CFR Parts 309 and 310 Banks, banking, Freedom of information, Privacy, Savings associations. For the reasons stated above, the Board of Directors of the Federal Deposit Insurance Corporation adopts the interim final rule published June 21, 2011, at 76 FR 35963, as final with the following change: PART 309—DISCLOSURE OF INFORMATION 1. The authority citation for part 309 continues to read as follows: Authority: 5 U.S.C. 552; 12 U.S.C. 1819 “Seventh” and “Tenth.” § 309.5 [Amended] 2. In § 309.5, in paragraph (b)(1)(ii), remove the fax number “(703) 562-7977: and add in its place the fax number “(703) 562-2797” By order of the Board of Directors. Dated at Washington, DC this 11th day of October 2011. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 2011-26635 Filed 10-13-11; 8:45 am]

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