Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-02-28.xml --- 77 39 Tuesday, February 28, 2012 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Federal Crop Insurance Corporation See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Hams Into the U.S., 12001-12002 2012-4648 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Impacts of Overdraft Programs on Consumers, 12031-12034 2012-4576 Privacy Act;

Systems of Records, 12034-12036 2012-4697 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12057-12059 2012-4566 Coast Guard Coast Guard RULES 2012 Rates for Pilotage on the Great Lakes, 11752-11774 2012-4453 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12066-12068 2012-4607 Meetings: Merchant Marine Personnel Advisory Committee, 12068-12069 2012-4450 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12006-12007 2012-4605 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 12030 2012-4863 2012-4864 2012-4853 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12036-12037 2012-4665 2012-4704 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements:

Technical Amendment, 11775 2012-4625 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES 36(b)(1) Arms Sales, 12037-12039 2012-4694 Meetings: Advisory Council on Dependents' Education, 12039 2012-4612 Economic Development Economic Development Administration NOTICES Petitions by Firms tor Determination of Eligibility to Apply for Trade Adjustment, 12007 2012-4626 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12039-12041 2012-4721 2012-4724 Applications for New Awards: Migrant Education Program Consortium Incentive Grants Program, 12041-12044 2012-4707 Employment and Training Employment and Training Administration NOTICES Affirmative Determinations Regarding Applications for Reconsideration: Era Systems, LLC, Syracuse, NY, 12080-12081 2012-4581 Amended Certifications of Eligibility to Apply for Worker Adjustment Assistance: Stanley Black and Decker CDIY Division Warranty Evaluation Center, et al., McAllen, TX, 12081 2012-4580 Amended Certifications of Eligibility to Apply for Worker and Alternative Trade Adjustment Assistance:

Comscope, Inc. Catawba Facility, et al., Catawba, NC, 12081-12082 2012-4582 Keithley Instruments, et al., Solon, OH, 12081 2012-4579 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 12082-12085 2012-4577 Investigations of Certifications of Eligibility to Apply for Worker and Alternative Trade Adjustment Assistance, 12085-12086 2012-4578 Revised Denied Determinations on Reconsideration of Eligibility to Apply for Worker Adjustment Assistance, 12086 2012-4583 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Weatherization Assistance for Low-Income Persons:

Maintaining Privacy of Applicants for and Recipients of Services, 11737-11738 2012-4643 PROPOSED RULES Energy Conservation Program: High-Intensity Discharge Lamps; Public Meeting, Framework Document Availability, 11785-11787 2012-4639 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Nevada, 12044 2012-4629 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 12044-12045 2012-4641 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans:

District of Columbia, Maryland, and Virginia; Determinations of Attainment, etc., 11739-11741 2012-4473 Ohio; Denial of Petition for Reconsideration and Request for Administrative Stay, 11741-11742 2012-4474 Approvals and Promulgations of Implementation Plans: Missouri, 11748-11750 2012-4476 New York; Motor Vehicle Enhanced Inspection and Maintenance Program, 11742-11744 2012-4470 Tennessee; Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revision, 11744-11748 2012-4471 Final Approvals of State Underground Storage Tank Programs:

Idaho, 11750-11752 2012-4657 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Alabama; Regional Haze State Implementation Plan, 11937-11958 2012-4689 Maryland; Regional Haze State Implementation Plan, 11827-11839 2012-4663 Missouri; Regional Haze State Implementation Plan, 11958-11974 2012-4681 New Hampshire; Regional Haze, 11809-11826 2012-4677 North Carolina; Regional Haze State Implementation Plan, 11858-11879 2012-4711 Rhode Island; Regional Haze, 11798-11809 2012-4656 South Carolina;

Regional Haze State Implementation Plan, 11894-11914 2012-4680 State of Mississippi; Regional Haze State Implementation Plan, 11879-11894 2012-4661 Vermont; Regional Haze, 11914-11928 2012-4683 Wisconsin; Regional Haze, 11928-11937 2012-4688 Approvals and Promulgations of Implementation Plans: Iowa Regional Haze State Implementation Plan, 11974-11990 2012-4684 Louisiana; Regional Haze State Implementation Plan, 11839-11858 2012-4676 Revisions to California State Implementation Plan:

Mojave Desert Air Quality Management District, 11992-11995 2012-4737 Mojave Desert Air Quality Management District and Yolo-Solano Air Quality Management District, 11990-11992 2012-4729 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Criteria for Classification of Solid Waste Disposal Facilities and Practices, 12048-12050 2012-4672 Hazardous Remediation Waste Management Requirements, 12046-12048 2012-4666 Monthly Project Reports, 12051-12052 2012-4601 NESHAP for Ferroalloys Production Area Sources, 12045-12046 2012-4602 NESHAP for Source Categories;

Generic Maximum Achievable Control Technology Standards for Carbon Black, etc., 12050-12051 2012-4603 Executive Office of the President See Management and Budget Office Federal Aviation Federal Aviation Administration RULES Authorization to Use Lower Than Standard Takeoff, Approach and Landing Minimums, etc.; Effective Date, 11738-11739 2012-4633 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 11793-11796 2012-4644 Boeing Co. Airplanes, 11789-11791 2012-4645 Eurocopter France Helicopters, 11787-11789 2012-4606 Saab AB, Saab Aerosystems Airplanes, 11791-11793 2012-4646 Amendments of Class E Airspace:

Rock Springs, WY, 11796-11798 2012-4705 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification; Airmen Other Than Flight Crewmembers, Subpart C, Aircraft Dispatchers, etc., 12104 2012-4693 Notice of Proposed Construction or Alteration, etc., Project Status Report, 12104-12105 2012-4706 Recording of Aircraft Conveyances and Security Documents, 12105 2012-4701 Meetings: RTCA Special Committee 159, Global Positioning System, 12106 2012-4698 RTCA Special Committee 186, Automatic Dependent Surveillance - Broadcast, 12105-12106 2012-4710 Federal Communications Federal Communications Commission PROPOSED RULES Refresh the Record Regarding Misuse of Internet Protocol Relay Service:

Consumer and Governmental Affairs Bureau, 11997-12000 2012-4658 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12052-12054 2012-4573 2012-4574 Meetings: Communications Security, Reliability, and Interoperability Council, 12054 2012-4662 Petitions for Declaratory Rulings: Definition of Commercial Mobile Radio Services as Applied to NEXTG Networks of California, Inc.'s Distributed Antenna Systems, etc., 12055-12056 2012-4659 Federal Crop Federal Crop Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12002 2012-4467 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Texas Eastern Transmission, LP, 12045 2012-4594 Federal Highway Federal Highway Administration NOTICES Kapka Butte Sno-Park Construction, 12106-12107 2012-4623 Federal Maritime Federal Maritime Commission PROPOSED RULES Passenger Vessel Operator Financial Responsibility Requirements: Non-Performance of Transportation, 11995-11997 2012-4749 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12056-12057 2012-4527 Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 12057 2012-4616 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 12057 2012-4617 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: Take Permit Modification; Proposed Low-Effect Habitat Conservation Plan, Mosaic Fertilizer, LLC, Manatee County, FL, 12074-12075 2012-4624 Food and Drug Food and Drug Administration NOTICES Hearings:

Using Innovative Technologies and Other Conditions of Safe Use to Expand Drug Products Considered Nonprescription, 12059-12062 2012-4597 Meetings: Anti-Infective Drugs Advisory Committee and the Nonprescription Drugs Advisory Committee, 12063 2012-4528 Cardiovascular and Renal Drugs Advisory Committee, 12062-12063 2012-4669 Radiological Devices Panel of the Medical Devices Advisory Committee, 12064 2012-4670 Foreign Trade Foreign-Trade Zones Board RULES Foreign-Trade Zones in the U.S., 12112-12155 2012-4249 NOTICES Approvals of Temporary Manufacturing Authority:

Baxter Healthcare of Puerto Rico, Foreign-Trade Zone 7, 12007-12008 2012-4649 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Candy Rock Quarry Management, Stanislaus National Forest, CA, 12004-12006 2012-4608 Mount Baker-Snoqualmie National Forest Site-Specific Invasive Plant Treatment Project and Forest Plan, Amendment Number 28, 12002-12004 2012-4628 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department PROPOSED RULES Federal Housing Administration Risk Management Initiatives: Revised Seller Concessions; Correction, 11798 2012-4696 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Customer Satisfaction Index Government Customer Satisfaction Survey, 12073-12074 2012-4631 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Results, Extensions, Amendments, etc.: Certain Pasta from Italy, 12008 2012-4355 Meetings: Civil Nuclear Trade Advisory Committee, 12008-12009 2012-4610 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Judicial Conference Advisory Committee on Rules of Appellate Procedure, 12077-12078 2012-4636 2012-4660 Judicial Conference Advisory Committee on Rules of Bankruptcy Procedure, 2012-4637 12077-12078 2012-4668 Judicial Conference Advisory Committee on Rules of Civil Procedure, 12077 2012-4630 2012-4671 Judicial Conference Advisory Committee on Rules of Criminal Procedure, 12078 2012-4654 2012-4632 Judicial Conference Advisory Committee on Rules of Evidence, 12077-12078 2012-4635 2012-4664 Judicial Conference Advisory Committee on Rules of Practice and Procedure, 12078 2012-4650 Justice Department Justice Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Crime Victim Compensation State Certification Form Request, 12079 2012-4622 Lodging of Settlement Agreements under CERCLA, 12079 2012-4593 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cotton Dust Standard, 12080 2012-4585 Land Land Management Bureau NOTICES Filings of Plats of Surveys: Montana, 12075 2012-4609 2012-4611 Management Management and Budget Office PROPOSED RULES Reform of Federal Policies Relating to Grants and Cooperative Agreements:

Cost Principles and Administrative Requirements (Including Single Audit Act), 11778-11785 2012-4521 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12107 2012-4586 NASA National Aeronautics and Space Administration NOTICES Meetings: Science Committee, Earth Science Subcommittee, 12086 2012-4529 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Snapper Grouper Fishery of the South Atlantic; Closure, 11775-11776 2012-4709 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher/processors Using Hook-and-line Gear in Central Regulatory Area of Gulf of Alaska, 11776 2012-4702 Pollock in Statistical Area 630 in the Gulf of Alaska, 11776-11777 2012-4708 NOTICES Applications: Marine Mammals; File No. 16991, 12009-12010 2012-4703 Meetings: Mid-Atlantic Fishery Management Council; Correction, 12010 2012-4642 Permit Amendments Marine Mammals;

File Nos. 1076-1789 and 14502, 12010 2012-4700 Takes of Marine Mammals Incidental to Specified Activities: Naval Surface Warfare Center Panama City Division, 12010-12030 2012-4695 National Science National Science Foundation NOTICES Committee Management; Renewals, 12086 2012-4512 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Final Staff Guidances: Revision 4 to Standard Review Plan Section 8.1 on Electric Power - Introduction, 12086-12087 2012-4651 Hearings: Strata Energy, Inc., 12087-12088 2012-4621 Meetings:

ACRS Subcommittee on Reliability and PRA, 12088 2012-4653 Meetings; Sunshine Act, 12088-12089 2012-4814 Proposed Generic Communications: Regulatory Issue Summary 2012-XX; Developing Inservice Testing and Inservice Inspection Programs, 12089-12092 2012-4647 Office of Management and Budget See Management and Budget Office Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Yakima River Basin, Water Enhancement Project, Benton, Kittitas, Klickitat, and Yakima Counties, WA, 12076-12077 2012-4506 Securities Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 12092 2012-4808 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 12092-12094, 12098-12100 2012-4595 2012-4596 NASDAQ OMX BX, Inc., 12094-12096 2012-4687 NASDAQ OMX PHLX LLC, 12100-12102 2012-4685 NASDAQ Stock Market LLC, 12096-12098 2012-4686 Suspensions of Trading Orders: American United Gold Corp., et al., 12102 2012-4807 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

Colorful Realm, Japanese Bird-and-Flower Paintings by Ito Jakuchu (1716-1800), 12103 2012-4655 Constable; Oil Sketches from the V & A, 12102-12103 2012-4652 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings, 12065-12066 2012-4564 Surface Transportation Surface Transportation Board NOTICES Control Exemptions: RailAmerica, Inc., Palm Beach Holding, Inc., RailAmerica Transportation Corp., et al., 12107-12108 2012-4679 Petitions for Declaratory Orders:

Denver and Rio Grande Railway Historical Foundation d/b/a Denver and Rio Grande Railroad, LLC, 12108-12109 2012-4682 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Surface Transportation Board See Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Exemptions for Air Taxi Operations, 12103-12104 2012-4620 Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Flight Deck Officer Program, 12069-12070 2012-4570 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12070-12072 2012-4589 2012-4590 2012-4591 2012-4592 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bereaved Family Member Satisfaction Survey, 12109-12110 2012-4588 Clarification of a Notice of Disagreement, 12109 2012-4587 Separate Parts In This Issue Part II Commerce Department, Foreign-Trade Zones Board, 12112-12155 2012-4249 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. 77 39 Tuesday, February 28, 2012 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 440 [Docket No. EEWAP0130] RIN 1904-AC16 Weatherization Assistance for Low-Income Persons: Maintaining the Privacy of Applicants for and Recipients of Services AGENCY:

Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule. SUMMARY: The U.S. Department of Energy

(DOE)published an interim final rule on March 11, 2010, requiring that all States and other service providers that participate in the Weatherization Assistance Program

(WAP)treat all requests for information concerning applicants and recipients of WAP funds in a manner consistent with the Federal Government's treatment of information requested under the Freedom of Information Act (FOIA). DOE published a final rule on June 7, 2010, adopting the interim final rule as final without change. This adoption inadvertently caused the sunset date of December 6, 2010, stated in the interim final rule to also be adopted as final. DOE is today adopting the amendments to 10 CFR part 440 of chapter II of title 10, Code of Federal Regulations set forth in the interim final rule without adopting the sunset date. DATES: This rule is effective February 28, 2012. FOR FURTHER INFORMATION CONTACT: Robert Adams, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Weatherization Assistance Program, EE-2K, 950 L'Enfant Plaza, SW., Room P201D, Washington, DC 20585-0121,

(202)287-1591, email: *robert.adams@ee.doe.gov.* For legal issues contact Kavita Vaidyanathan, U.S. Department of Energy, Office of the General Counsel, Forrestal Building, GC-71, 1000 Independence Avenue SW., Washington, DC 20585,

(202)586-0669, email: *kavita.vaidyanathan@hq.doe.gov.* SUPPLEMENTARY INFORMATION: I. Background and Authority Title IV, Energy Conservation and Production Act, as amended, authorizes DOE to administer the WAP. All grant awards made under this program must comply with applicable authorities, including regulations contained in Title 10 of the Code of Federal Regulations (10 CFR part 440). II. Discussion On March 11, 2010, (75 FR 11419), DOE published an interim final rule requiring all States and other service providers that participate in the WAP treat all requests for information concerning applicants and recipients of WAP funds in a manner consistent with the Federal Government's treatment of information requested under the FOIA. The background and explanation of that interim final rule was set out in the March 11 publication. DOE received one comment letter and published a final rule on June 7, 2010, (75 FR 32089), adopting the interim final rule as final without change because some of the suggestions in the comments were already incorporated in the interim final rule and DOE declined to adopt the other suggestions. The final rule was effective on July 7, 2010. However, the adoption of the interim final rule as final without change inadvertently caused the sunset date of December 6, 2010, stated in the interim final rule to also be adopted as final. To correct the inclusion of the interim final rule's sunset date in the final rule, DOE is today adopting the amendments to 10 CFR part 440 of chapter II of title 10, Code of Federal Regulations set forth in the interim final rule without adopting the sunset date. III. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 Today's regulatory action is not a significant regulatory action under section 3(f)(1) of Executive Order 12866, “Regulatory Planning and Review” (58 FR 51735 (Oct. 4, 1993)). Accordingly, today's action was not reviewed by the Office of Information and Regulatory Affairs in the Office of Management and Budget. B. Administrative Procedure Act DOE finds that providing prior notice and comment on today's final rule would be unnecessary. See, 5 U.S.C. 553(b)(3)(B). As noted above, today's final rule corrects an inadvertent application of a sunset date to a final rule that was previously subject to notice and comment. DOE received and responded to the one comment received as a result of that public notice and comment opportunity. Today's final rule adopts the regulatory language as finalized in the prior final rule. C. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of today's rule before its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 10 CFR Part 440 Administrative practice and procedure, Aged, Energy conservation, Grant programs—energy, Grant programs—housing and community development, Housing standards—indians, individuals with disabilities, Reporting and recordkeeping requirements, Weatherization. Issued in Washington, DC, on February 17, 2012. Henry C. Kelly, Acting Assistant Secretary, Energy Efficiency and Renewable Energy. For the reasons stated in the preamble, DOE is amending 10 CFR part 440 as set forth below: PART 440—WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS 1. The authority citation for part 440 continues to read as follows: Authority: 42 U.S.C. 6861 *et seq.;* 42 U.S.C. 7101 *et seq.* 2. Section 440.2 is amended by adding a new paragraph

(e)to read as follows: § 440.2 Administration of grants. (e)(1) States, Tribes and their subawardees, including, but not limited to subrecipients, subgrantees, contractors and subcontractors that participate in the program established under this Part are required to treat all requests for information concerning applicants and recipients of WAP funds in a manner consistent with the Federal Government's treatment of information requested under the Freedom of Information Act (FOIA), 5 U.S.C. 552, including the privacy protections contained in Exemption (b)(6) of the FOIA, 5 U.S.C. 552(b)(6). Under 5 U.S.C. 552(b)(6), information relating to an individual's eligibility application or the individual's participation in the program, such as name, address, or income information, are generally exempt from disclosure.

(2)A balancing test must be used in applying Exemption (b)(6) in order to determine:

(i)Whether a significant privacy interest would be invaded;

(ii)Whether the release of the information would further the public interest by shedding light on the operations or activities of the Government; and

(iii)Whether in balancing the privacy interests against the public interest, disclosure would constitute a clearly unwarranted invasion of privacy.

(3)A request for personal information including but not limited to the names, addresses, or income information of WAP applicants or recipients would require the State or other service provider to balance a clearly defined public interest in obtaining this information against the individuals' legitimate expectation of privacy.

(4)Given a legitimate, articulated public interest in the disclosure, States and other service providers may release information regarding recipients in the aggregate that does not identify specific individuals. However, a State or service provider must apply an FOIA Exemption (b)(6) balancing test to any request for information that can not be satisfied by such less-intrusive methods. [FR Doc. 2012-4643 Filed 2-27-12; 8:45 am]

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