Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-11-18.xml --- 76 223 Friday, November 18, 2011 Contents Administrative Conference of the United States NOTICES Meetings, 71510-71511 2011-29812 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71601-71602 2011-29842 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993:

Telemanagement Forum, 71602-71604 2011-29809 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Bureau of Ocean Energy Management NOTICES Outer Continental Shelf, Eastern Gulf of Mexico, Oil and Gas Lease Sales for Years 2012-2017, 71595-71598 2011-29854 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2012 Company Organization Survey, 71511-71512 2011-29815 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 71567-71568 2011-29866 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 71568 2011-29880 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-29838 71568-71569 2011-29840 Meetings: FY 2013 Applications for New Medical Services and Technology Add-On Payments Under the Hospital Inpatient Prospective Payment System, 71571-71572 2011-29832 Medicare Evidence Development and Coverage Advisory Committee, 71569-71571 2011-29782 Requests for Nominations:

Medicare Evidence Development and Coverage Advisory Committee, 71573-71574 2011-29784 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71574-71575 2011-29811 Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Plan for Grants to States for Refugee Resettlement, 71575 2011-29820 Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71581-71582 2011-29810 Commerce Commerce Department See Census Bureau See International Trade Administration See Minority Business Development Agency See National Institute of Standards and Technology 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, 71554 2011-29827 Commodity Futures Commodity Futures Trading Commission RULES Position Limits for Futures and Swaps, 71626-71706 2011-28809 Consumer Product Consumer Product Safety Commission NOTICES Civil Penalties: Adjusted Maximum Amounts, 71554-71555 2011-29817 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Administering Trafficking in Persons Regulations, 71830-71831 2011-29426 Fire-Resistant Fiber for Production of Military Uniforms, 71831-71833 2011-29428 Representation Relating to Compensation of Former DoD Officials, 71826-71830 2011-29421 Responsibility and Liability for Government Property, 71824-71826 2011-29416 Simplified Acquisition Threshold for Humanitarian or Peacekeeping Operations, 71833 2011-29433 Defense Federal Acquisition Regulation Supplements:

Accelerate Small Business Payments, 71468 2011-29859 Extension of Department of Defense Mentor-Protege Pilot Program, 71467-71468 2011-29897 Management of Manufacturing Risk in Major Defense Acquisition Programs, 71465 2011-29894 Notification Requirements for Awards of Single-Source Task- or Delivery-Order Contracts, 71465-71467 2011-29903 Transition to System for Award Management, 71464-71465 2011-29900 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71557-71558 2011-29902 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Requests for Equitable Adjustment, 71558 2011-29893 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71555-71556 2011-29816 Meetings: Department of Defense Wage Committee, 71556-71557 2011-29773 2011-29834 Missile Defense Advisory Committee, 71556 2011-29807 Delaware Delaware River Basin Commission NOTICES Meetings, 71558-71559 2011-29819 Drug Drug Enforcement Administration NOTICES Decisions and Orders:

Kamal Tiwari, MD; Pain Management and Surgery Center of Southern Indiana, 71604-71607 2011-29708 Energy Department Energy Department RULES Energy Conservation Program: Energy Conservation Standards for Direct Heating Equipment, 71836-71859 2011-29503 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: West Virginia; Determination of Clean Data for 2006 Fine Particulate Standard for Charleston Area, 71450-71452 2011-29767 Approvals and Promulgations of Implementation Plans and Designation of Areas for Air Quality Planning Purposes:

North Carolina; Redesignation of Hickory-Morganton-Lenoir 1997 Annual Fine Particulate Matter, etc.; Correcting Amendment, 71452-71455 2011-29769 Approvals and Promulgations of Implementation Plans and Designations of Areas for Air Quality Planning Purposes: North Carolina; Redesignation of Greensboro-Winston-Salem-High Point 1997 Annual Fine Particulate Matter, etc.; Correcting Amendment, 71455-71459 2011-29777 Pesticide Tolerances: Prohexadione Calcium, 71459-71464 2011-29751 PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List:

Deletion of Martin-Marietta/Sodyeco Superfund Site, 71500-71501 2011-29907 Underground Storage Tanks: Secondary Containment, and Operator Training Requirements, 71708-71796 2011-29293 NOTICES Acid Rain Program: Annual Adjustment Factors for Excess Emissions Penalty, 71559 2011-29911 Environmental Impact Statements; Availability, etc.: Weekly Receipt Filed 11/07/2011 through 11/11/2011, 71559-71560 2011-29879 Meetings: Long Term 2 Enhanced Surface Water Treatment Rule; Cryptosporidium Analytical Method and Source Water Monitoring, 71560-71561 2011-29776 Requests For Nominations:

Candidates to EPAs Science Advisory Board Chemical Assessment Advisory Committee, 71561-71562 2011-29916 Transfers of Data: Emergint Technologies, Inc., 71562 2011-29785 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Credit Farm Credit Administration PROPOSED RULES Federal Agricultural Mortgage Corporation Funding and Fiscal Affairs: Farmer Mac Investments and Liquidity Management, 71798-71821 2011-29690 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Boeing Co. Airplanes, 71472-71474 2011-29800 Bombardier, Inc. Airplanes, 71470-71472 2011-29798 NOTICES Environmental Assessments; Availability, etc.: Experimental Permit; SpaceX, Grasshopper Vehicle at McGregor Test Site, TX, 71619 2011-29892 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Monthly Return of Arson Offenses Known to Law Enforcement, 71607-71608 2011-29841 Federal Motor Federal Motor Carrier Safety Administration NOTICES Grant of Temporary Exemptions from Parts and Accessories Necessary for Safe Operation:

Con-way Freight, TK Holdings, Inc., and Iteris, Inc., 71619-71621 2011-29600 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 71562-71563 2011-29818 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71563-71564 2011-29833 Proposed Consent Agreements: ScanScout, Inc., 71564-71566 2011-29792 Fish Fish and Wildlife Service NOTICES Comprehensive Conservation Plans and Environmental Assessments;

Availability, etc.: Pearl Harbor National Wildlife Refuge, Honolulu County, HI, 71598-71600 2011-29795 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Class II Special Controls Guidance Document; Labeling for Natural Rubber Latex Condoms, 71575-71576 2011-29839 Followup Study for Infant Feeding Practices Study II, 71577 2011-29836 Premarket Notification for a New Dietary Ingredient, 71576-71577 2011-29837 Guidance for Industry;

Availability: Medication Guide Distribution Requirements and Inclusion of Medication Guides in Risk Evaluation and Mitigation Strategies, 71577-71578 2011-29877 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Requests for Nominations:

National Vaccine Advisory Committee, 71566-71567 2011-29771 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71578-71579 2011-29830 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department PROPOSED RULES Native American Housing Assistance and Self-Determination Reauthorization Act of 2008:

Amendments to Program Regulations, 71474-71490 2011-29642 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Moving to Work Demonstration, 71592-71593 2011-29917 Single Family Premium Collection Subsystem—Periodic, 71591-71592 2011-29919 American Recovery and Reinvestment Act: Buy American Exceptions, 71593 2011-29908 Federal Properties Suitable as Facilities to Assist Homeless, 71593 2011-29631 HUD-Held Multifamily and Healthcare Mortgage Loan Sales, 71593-71595 2011-29920 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Class III Tribal-State Gaming Compact Process, 71600 2011-29875 Reindeer in Alaska, 71600-71601 2011-29867 Interior Interior Department See Bureau of Ocean Energy Management See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Deduction for Qualified Film and Television Production Costs: Correction, 71450 2011-29922 PROPOSED RULES Gross Estate; Election to Value on Alternate Valuation Date, 71491-71498 2011-29921 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71621-71623 2011-29791 2011-29793 2011-29796 Tier 2 Tax Rates, 71623 2011-29789 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Amendments, Extensions, etc.: Polyethylene Terephthalate Film, Sheet, and Strip from Korea, 71512-71514 2011-29491 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Drug Enforcement Administration See Federal Bureau of Investigation Minority Business Minority Business Development Agency NOTICES Meetings:

National Advisory Council on Minority Business Enterprise, 71514 2011-29865 National Institute National Institute of Standards and Technology NOTICES Meetings: Malcolm Baldrige National Quality Award Board of Overseers, 71514 2011-29646 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2011-29887 71579 2011-29891 National Heart, Lung, and Blood Institute, 71580 2011-29884 2011-29885 National Human Genome Research Institute, 71581 2011-29882 Recombinant DNA Advisory Committee, 71580-71581 2011-29883 National Oceanic National Oceanic and Atmospheric Administration RULES Western and Central Pacific Fisheries for Highly Migratory Species: 2011 Bigeye Tuna Longline Fishery Closure, 71469 2011-29850 PROPOSED RULES Atlantic Coastal Fisheries Cooperative Management Act Provisions:

American Lobster Fishery, 71501-71509 2011-29845 NOTICES Endangered Species; Issuances of Permits: File No. 16174, 71515 2011-29889 Meetings: South Atlantic Fishery Management Council, 71515-71517 2011-29826 Takes of Marine Mammals During Specified Activities: Blasting Operations by U.S. Army Corps of Engineers during Port of Miami Construction Project, Miami, FL, 71517-71535 2011-29886 Taking of Marine Mammals Incidental to Specified Activities: U.S. Marine Corps Training Exercises at Air Station Cherry Point, 71535-71554 2011-29851 National Park National Park Service NOTICES Environmental Impact Statements;

Availability, etc.: Long Walk National Historic Trail Feasibility Study, National Trails Intermountain Region, NM, 71601 2011-29354 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Combined License Applications, 71608-71609 2011-29828 Meetings: Advisory Committee on Reactor Safeguards, Subcommittee on Plant Operations and Fire Protection, 71609 2011-29823 Advisory Committee on Reactor Safeguards, Subcommittee on Power Uprates, 71610 2011-29825 Advisory Committee on Reactor Safeguards, Subcommittee on Reliability and Probabilistic Risk Assessment, 71609 2011-29824 Office of United States Trade Representative See Trade Representative, Office of United States Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 71498-71500 2011-29813 NOTICES Market Tests:

First-Class Tracer, 71610-71611 2011-29808 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 71611 2011-29912 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: America Recycles Day (Proc. 8754), 71861-71864 2011-30068 Presidio Presidio Trust NOTICES Establishment of the Fort Winfield Scott Advisory Committee, 71611-71612 2011-29878 Securities Securities and Exchange Commission RULES Reporting Line for Commission's Ethics Counsel, 71449-71450 2011-29802 NOTICES Meetings;

Sunshine Act, 71612 2011-29969 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 71612, 71614-71616 2011-29746 C1--2011--28694 Financial Industry Regulatory Authority, Inc., 71612-71614 2011-29786 C1--2011--28716 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: The Steins Collect: Matisse, Picasso, and the Parisian Avant-Garde Exhibition; Correction, 71616 2011-29862 Meetings:

Advisory Committee on Historical Diplomatic Documentation, 71616-71617 2011-29863 Advisory Committee on International Economic Policy, 71617 2011-29864 Trade Representative Trade Representative, Office of United States NOTICES Compliance with Telecommunications Trade Agreements; Request for Comments, 71617-71618 2011-29750 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2011-29790 71621 2011-29814 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nonimmigrant Petition Based on Blanket L Petition, 71582-71583 2011-29914 Customs U.S. Customs and Border Protection NOTICES Findings of No Significant Impact: Field Release of Insects for Biological Control of Carrizo Cane, 71583-71584 2011-29766 Revocation of Customs Broker Licenses, 71584-71591 2011-29868 2011-29876 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Claim for Disability Insurance Benefits, Government Life Insurance, 71624 2011-29822 Spinal Cord Injury Patient Care Survey, 71623-71624 2011-29821 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 71626-71706 2011-28809 Part III Environmental Protection Agency, 71708-71796 2011-29293 Part IV Farm Credit Administration, 71798-71821 2011-29690 Part V Defense Department, Defense Acquisition Regulations System, 71824-71833 2011-29426 2011-29428 2011-29421 2011-29416 2011-29433 Part VI Energy Department, 71836-71859 2011-29503 Part VII Presidential Documents, 71861-71864 2011-30068 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. 76 223 Friday, November 18, 2011 Rules and Regulations SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 200 [Release No. 34-65742] Reporting Line for the Commission's Ethics Counsel AGENCY: Securities and Exchange Commission. ACTION:

Final rule. SUMMARY: The Securities and Exchange Commission (“Commission”) is amending its rules to reflect that the Commission's Office of the Ethics Counsel is now a stand-alone Office of the Commission and that the head of the Office, the Ethics Counsel, reports directly to the Chairman of the Commission. DATES: *Effective Date:* November 18, 2011. FOR FURTHER INFORMATION CONTACT: Shira Pavis Minton, Ethics Counsel, at

(202)551-7938, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549. SUPPLEMENTARY INFORMATION I. Discussion On September 16, 2011, the Commission's Office of the Inspector General (“OIG”) issued a report recommending, among other things, that the Commission's Ethics Counsel report directly to the Chairman, rather than to the General Counsel. 1 On October 14, 2011, pursuant to Section 1 of Reorganization Plan No. 10 of 1950, 2 the Chairman implemented that recommendation and made the Office of the Ethics Counsel a stand-alone Office of the Commission. 1 Report of Investigation No. OIG-560, Sept. 16, 2011, pp. 116-117. 2 15 FR 3175, 64 Stat. 1265 (May 24, 1950). These amendments conform the Commission's regulations, in part 200 of Title 17 of the Code of Federal Regulations, to the changes to the reporting line and organization of the Office of the Ethics Counsel. They do so by removing several references to oversight of the Ethics Counsel by the General Counsel. In addition, the amendments clarify that the Ethics Counsel, not the General Counsel, serves as Counselor to the Commission and its staff with regard to ethical and conflicts of interest questions and acts as the Commission's liaison on such matters with the Office of Administrative and Personnel Management, the Office of the Inspector General and the Department of Justice. II. Related Matters A. Administrative Procedure Act and Other Administrative Laws The Commission has determined that these amendments to its rules relate solely to the agency's organization, procedure, or practice. Accordingly, the provisions of the Administrative Procedure Act regarding notice of proposed rulemaking and opportunity for public participation are not applicable. 3 The Regulatory Flexibility Act, therefore, does not apply. 4 Because these rules relate solely to the agency's organization, procedure, or practice and do not substantially affect the rights or obligations of non-agency parties, they are not subject to the Small Business Regulatory Enforcement Fairness Act. 5 Finally, these amendments do not contain any collection of information requirements as defined by the Paperwork Reduction Act of 1995, as amended. 6 3 5 U.S.C. 553(b). 4 5 U.S.C. 601-612. 5 5 U.S.C. 804. 6 44 U.S.C. 3501-3520. B. Cost-Benefit Analysis The Commission is sensitive to the costs and benefits imposed by its rules. The amendments adopted today are procedural in nature and will produce the benefit of conforming the Commission's rules to the changes to the reporting line and organizational structure of the Office of the Ethics Counsel. The Commission also believes that these rules will not impose any costs on non-agency parties, or that if there are any such costs, they are negligible. C. Consideration of Burden on Competition Section 23(a)(2) of the Exchange Act requires the Commission, in making rules pursuant to any provision of the Exchange Act, to consider among other matters the impact any such rule would have on competition. The Commission does not believe that the amendments that the Commission is adopting today will have any impact on competition. Statutory Authority The amendments to the Commission's rules are adopted pursuant to 15 U.S.C. 77o, 77s, 77sss, 78d, 78d-1, 78d-2, 78w, 78ll(d), 78mm, 80a-37, 80b-11, and 7202. List of Subjects in 17 CFR Part 200 Administrative practice and procedure, Authority delegations (Government agencies), Organization and functions (Government agencies). Text of Amendments In accordance with the preamble, the Commission hereby amends Title 17, Chapter II of the Code of Federal Regulations as follows: PART 200—ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS Subpart A—Organization and Program Management 1. The authority citation for Part 200, Subpart A, continues to read, in part, as follows: Authority: 15 U.S.C. 77o, 77s, 77sss, 78d, 78d-1, 78d-2, 78w, 78 *ll* (d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted. 2. In § 200.21 paragraph (a), remove the 6th sentence, beginning with “He or she is responsible”, and the 7th sentence, beginning with “He or she serves”. 3. In § 200.21a: a. In paragraph (a), remove the phrase “within the Office of the General Counsel of the Commission shall oversee compliance with subpart M of this part and 5 CFR part 2635.”, and add in its place, “is responsible for administering the Commission's Ethics Program and for interpreting subpart M of this part and 5 CFR part 2635. He or she serves as Counselor to the Commission and its staff with regard to ethical and conflicts of interest questions and acts as the Commission's liaison on such matters with the Office of Administrative and Personnel Management, the Office of the Inspector General and the Department of Justice.”; b. In paragraph (b), remove the phrase “Subject to the oversight of the General Counsel or his or her delegate, the” and add in its place the word “The”; Subpart M—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission 4. The authority citation for Part 200, Subpart M, continues to read as follows: Authority: 15 U.S.C. 77s, 77sss, 78w, 80a-37, 80b-11; E.O. 11222, 3 CFR, 1964-1965 Comp., p. 36; 5 CFR 735.104 and 5 CFR 2634; and 5 CFR 2635, unless otherwise noted. 5. In § 200.735-11, remove the words “Commission's Office of the General Counsel's” in paragraphs (c),

(d)and (e); 6. In § 200.735-15:

(a)In paragraphs (a), (b), (c), and (d), remove the words “General Counsel” wherever they appear and add in their place the words “Ethics Counsel”;

(b)In paragraphs (b), (e), and (f), remove the phrase “Commission's Office of the General Counsel's”. 7. In § 200.735-17, remove the phrase “Under the general direction of the General Counsel, the”, and add in its place the word “The”. Dated: November 14, 2011. Elizabeth M. Murphy, Secretary. [FR Doc. 2011-29802 Filed 11-17-11; 8:45 am]

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