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--- schema: federal-register doc_type: fedreg source_file: FR-2012-03-14.xml --- 77 50 Wednesday, March 14, 2012 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service RULES Delegations of Authority, 14951-14955 2012-5956 2012-5957 NOTICES Presidential Memorandum of February 21, 2012: Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement, 15022-15024 2012-6101 Privacy Act;

Systems of Records, 15024-15033 2012-6089 2012-6090 Animal Animal and Plant Health Inspection Service NOTICES Privacy Act; Systems of Records, 15033-15037 2012-6092 Antitrust Division Antitrust Division NOTICES Proposed Final Judgments: United States v. Morgan Stanley, 15125-15139 2012-5952 Army Army Department See Engineers Corps Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Outer Continental Shelf for Minerals Other than Oil, Gas, and Sulphur, 15118-15121 2012-6155 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Revisions to Durable Medical Equipment, Prosthetics, Orthotics, and Supplies Supplier Safeguards, 14989-14994 2012-5913 Civil Rights Civil Rights Commission NOTICES Meetings: Alaska Advisory Committee, 15038 2012-6140 Montana Advisory Committee, 15038 2012-6143 Coast Guard Coast Guard RULES Drawbridge Operations:

Anacostia River, Washington, DC, 14968-14970 2012-5969 Safety Zones: Sellwood Bridge Project, Willamette River; Portland, OR, 14970-14972 2012-6137 Special Local Regulations: Marine Event; Temporary Change of Dates for Recurring Marine Events in Fifth Coast Guard District, 14959-14963 2012-5967 Moss Point Rockin' the Riverfront Festival; O'Leary Lake; Moss Point, MS, 14963-14965 2012-5968 Red Bull Candola, New River, Fort Lauderdale, FL, 14965-14968 2012-6311 PROPOSED RULES Safety Zones:

Sellwood Bridge Project, Willamette River; Portland, OR, 15009-15012 2012-6126 Special Local Regulations: Third Annual Space Coast Super Boat Grand Prix, Atlantic Ocean, Cocoa Beach, FL, 15006-15009 2012-6182 Commerce Commerce Department See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration NOTICES Privacy Act; Systems of Records, 15038-15039 2012-6145 Council Environmental Council on Environmental Quality NOTICES National Ocean Policy Draft Implementation Plan, 15052-15053 2012-6215 Defense Department Defense Department See Engineers Corps RULES Information Assurance Scholarship Program, 14955-14959 2012-6163 NOTICES Manual for Courts-Martial, 15053-15086 2012-6166 Privacy Act;

Systems of Records, 15086-15087 2012-6003 Education Department Education Department RULES Discrimination on the Basis of Disability in Federally Assisted Programs and Activities, 14972-14976 2012-6122 NOTICES Meetings: Equity and Excellence Commission, 15089-15090 2012-6189 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15090-15091 2012-6149 Applications to Export Electric Energy:

DTE Energy Trading, Inc., 15091 2012-6142 Solicitations Of Nominations: Environmental Management Advisory Board, 15091-15092 2012-6141 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15092-15093 2012-6154 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Baryonyx Corp., Inc.; Proposed Wind Farm, Offshore, Willacy and Cameron Counties, TX, 15088-15089 2012-6128 Installation of Terminal Groin Structure at Western End of South Beach, Bald Head Island, etc., 15087-15088 2012-6127 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans:

Tennessee; Infrastructure Requirements for 1997 8-Hour Ozone National Ambient Air Quality Standards, 14976-14979 2012-5764 Transportation Conformity Rule Restructuring Amendments, 14979-14988 2012-6207 PROPOSED RULES Pesticide Petitions Filed: Residues of Pesticide Chemicals in or on Various Commodities, 15012-15015 2012-6056 Revocation of Tolerance Exemptions: Diethyl Phthalate and Methyl Ethyl Ketone, 15015-15019 2012-6210 NOTICES Meetings: Exposure Modeling, 15099 2012-6051 Human Studies Review Board;

Public Webinar/Teleconference, 15099-15101 2012-6202 Results from Inert Ingredient Test Orders Issued under EPAs Endocrine Disruptor Screening Program: New Data Compensation Claims; Potential Disapproval of Inert Uses Pending Public Comment, 15101-15104 2012-6164 Soliciting Nominations: Environmental Laboratory Advisory Board, 15104-15105 2012-6178 Environmental Quality Council See Council on Environmental Quality Executive Office of the President See Council on Environmental Quality See Presidential Documents Federal Aviation Federal Aviation Administration NOTICES Meetings:

U.S. Registration of Aircraft in Name of Owner Trustees, 15180 2012-6146 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15105-15108 2012-6063 2012-6158 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Public Service Co. of Colorado, 15093-15094 2012-6107 Sawatt Hydroelectric, LLC, 15094-15095 2012-6121 Combined Filings, 2012-6131 15095-15096 2012-6132 Compliance Filings:

Bonneville Power Administration, 15096 2012-6109 Filings: Schriver, Darryl, 15096 2012-6111 Market-Based Rate-Filings Including Requests for Blanket Section 204 Authorizations: Liberty Hill Power LLC, 15096-15097 2012-6134 Solano 3 Wind LLC, 15097 2012-6133 Petitions for Declaratory Orders: ANR Storage Co., 15097 2012-6119 Staff Attendances: Entergy Regional State Committee Working Group and Stakeholders Meeting, 15097-15098 2012-6120 Supplement to Facilities Surcharge Settlements:

Enbridge Energy, Limited Partnership, 15098 2012-6112 Temporary Waiver Petitions: AES Hawaii, Inc., 15098-15099 2012-6110 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15180-15181 2012-6200 Environmental Impact Statements; Availability, etc.: Valley County, Idaho; Rescinded, 15181-15182 2012-6123 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 15108 2012-6195 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Commercial Driver Individual Differences Study, 15182-15183 2012-6059 Designation of Agents, Motor Carriers, Brokers and Freight Forwarders, 15184 2012-6060 Licensing Applications for Motor Carrier Operating Authority, 15183 2012-6084 Qualifications of Drivers; Exemption Applications: Vision, 15184-15187 2012-6085 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15108-15110 2012-6074 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 15110 2012-6147 Fish Fish and Wildlife Service PROPOSED RULES Implementing Convention on International Trade in Endangered Species of Wild Fauna and Flora:

Updates Following Fifteenth Meeting of Conference of Parties; Correction, 15019 2012-6104 NOTICES Environmental Assessments; Availability, etc.: Everglades Headwaters National Wildlife Refuge and Conservation Area, 15121-15122 2012-6124 Food and Drug Food and Drug Administration NOTICES Meetings: Antiviral Drugs Advisory Committee, 15110-15111 2012-6115 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Special Nutrition Program Operations Study, 15037-15038 2012-6150 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15111-15112 2012-6135 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S.

Immigration and Customs Enforcement Housing Housing and Urban Development Department PROPOSED RULES Supplemental Standards of Ethical Conduct for Employees, 14997-15003 2012-6177 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FHA-Insured Mortgage Loan Servicing for Performing Loans; MIP Processing, Escrow Administration, etc., 15116-15117 2012-6181 FHA-Insured Mortgage Loan Servicing Involving Claims and Conveyance Process, Property Inspection/Preservation, 15115-15116 2012-6179 Home Equity Conversion Mortgage Counseling Standardization and Roster, 15117 2012-6180 Mark-to-Market Program;

Requirements for Community-Based Non-Profit Organizations and Public Agencies, 15117-15118 2012-6191 Buy American Exceptions under American Recovery and Reinvestment Act of 2009, 15118 2012-6192 Indian Affairs Indian Affairs Bureau NOTICES Ordinance Legalizing and Regulating Introduction, Possession, Use and Consumption of Alcoholic Beverages: Te-Moak Tribe of Western Shoshone, 15122-15123 2012-6129 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Indian Affairs Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Passive Activity Losses and Credits Limited:

Hearing, 15003-15004 2012-6068 Updating of Employer Identification Numbers, 15004-15006 2012-6072 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Frozen Fish Fillets from Socialist Republic of Vietnam, 15039-15042 2012-6201 Small Diameter Graphite Electrodes from People's Republic of China, 15042-15043 2012-6188 International Trade Com International Trade Commission NOTICES Investigations:

Foundry Coke from China, 15123-15124 2012-6065 Justice Department Justice Department See Antitrust Division NOTICES Lodgings of Consent Decrees: Clean Air Act, 15125 2012-6044 Comprehensive Environmental Response, Compensation, and Liability Act, 15124-15125 2012-6066 Minority Business Minority Business Development Agency NOTICES Webinars: Native American Business Enterprise Center Program, 15043-15044 2012-6087 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 2012-6159 15113 2012-6162 National Institute of Neurological Disorders and Stroke, 2012-6160 15112-15113 2012-6161 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Gulf of Alaska; Final 2012 and 2013 Harvest Specifications for Groundfish, 15194-15226 2012-6057 Reallocation of Pollock in the Bering Sea and Aleutian Islands; Correction, 14994-14996 2012-6198 PROPOSED RULES Groundfish Fisheries of the Exclusive Economic Zone Off Alaska and Pacific Halibut Fisheries;

Observer Program, 15019-15021 2012-6197 NOTICES Meetings: Pacific Fishery Management Council, 15044-15045 2012-6061 Takes of Marine Mammals Incidental to Specified Activities: Pile Placement for ORPC Maine's Cobscook Bay Tidal Energy Pilot Project, 15045-15052 2012-6196 Workshops: U.S. Billion Dollar Disasters Dataset (1980-2011), 15052 2012-6069 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15139-15140 2012-6185 Buy American Waivers under American Recovery and Reinvestment Act, 15140-15141 2012-6102 Meetings;

Sunshine Act, 15141 2012-6278 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 15142 2012-6343 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 15142 2012-6260 Updated Nuclear Regulatory Commission Fiscal Years 2008-2013 Strategic Plan, 15142-15143 2012-6152 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Iran; Continuation of National Emergency with Respect to Executive Order 12957 (Notice of March 13, 2012), 15227-15229 2012-6426 Recovery Recovery Accountability and Transparency Board NOTICES Privacy Act;

Systems of Records, 15143-15145 2012-6103 Securities Securities and Exchange Commission NOTICES Applications: Ares Capital Corp. et al., 15145-15148 2012-6190 Orders Granting Applications under Section 12(h) of Securities Exchange Act: BF Enterprises, Inc., 15148-15151 2012-6067 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 15153-15155 2012-6289 BATS Y-Exchange, Inc., 15152-15153 2012-6293 Fixed Income Clearing Corp., 15155-15163 2012-6187 ICE Clear Europe Ltd., 15174-15179 2012-6105 NASDAQ OMX BX, Inc., 15169-15171 2012-6113 NASDAQ OMX PHLX LLC, 15166-15167 2012-6184 NASDAQ Stock Market LLC, 2012-6183 15163-15169 2012-6186 National Securities Clearing Corp., 15171-15174 2012-6106 Small Business Small Business Administration NOTICES Major Disaster Declarations:

Kentucky, 15179 2012-6093 Washington, 15179-15180 2012-6094 Surface Transportation Surface Transportation Board NOTICES Released Rates of Motor Common Carriers of Household Goods, 15187 2012-6139 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Transportation Security Officer Medical Questionnaire, 15114-15115 2012-6199 Treasury Treasury Department See Internal Revenue Service Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emergency Federal Law Enforcement Assistance, 15115 2012-6144 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application for Assumption Approval and/or Release from Personal Liability to Government on Home Loan, 15188-15189 2012-6097 Applications and Appraisals for Employment for Title 38 Positions and Trainees, 15190 2012-6099 Certification of Change or Correction of Name, Government Life Insurance, 15190-15191 2012-6100 Deployment Risk and Resilience Inventory, 15187-15188 2012-6095 Survey of Veteran Enrollees' Health and Reliance upon VA, 15189 2012-6098 Yellow Ribbon Agreement, 15188 2012-6096 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 15194-15226 2012-6057 Part III Presidential Documents, 15227-15229 2012-6426 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 50 Wednesday, March 14, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 2 RIN 0503-AA51 Delegations of Authority AGENCY: Office of the Secretary, USDA. ACTION: Final rule. SUMMARY: This document revises the delegations of authority from the Secretary of Agriculture and general officers of the Department of Agriculture

(USDA)to reflect changes in the coordination of Departmental remote sensing activities. These responsibilities are consolidated within the Office of the Chief Information Officer

(OCIO)to create a single focal point for coordinating all Departmental geospatial activities. DATES: Effective March 14, 2012. FOR FURTHER INFORMATION CONTACT: Stephen Lowe,

(202)720-0880. SUPPLEMENTARY INFORMATION: Office of the Chief Economist—Remote Sensing Activities The Chief Economist, by delegation from the Secretary of Agriculture (Secretary), is responsible for coordinating USDA remote sensing activities (7 CFR 2.29(a)(6)). Within the Office of the Chief Economist (OCE), these responsibilities are further delegated to the Chairman of the World Agricultural Outlook Board

(WAOB)(7 CFR 2.72(a)(4)). WAOB coordinates USDA remote sensing activities by chairing the Remote Sensing Coordination Committee (RSCC). RSCC convenes remote sensing experts from multiple USDA agencies to promote information sharing and to help ensure the most efficient and cost effective use of remote sensing data and technologies within USDA. Office of the Chief Information Officer—Geospatial Activities The Assistant Secretary for Administration, by delegation from the Secretary, is responsible for coordinating USDA geospatial activities (7 CFR 2.24(a)(2)(xi)(G)). Within the Departmental Management organization, this responsibility is further delegated to the Chief Information Officer (7 CFR 2.89(a)(11)(vii)). The Office of the Chief Information Officer

(OCIO)coordinates Departmental geospatial activities by chairing the Enterprise Geospatial Management Office

(EGMO)Agency Advisory Council. A part of the responsibility of OCIO is to fulfill the leadership requirements of the Senior Agency Official for Geospatial Information (SAOGI) and ensure the effective implementation in the Department of OMB Circular No. A-16, “Coordination of Geographic Information and Related Spatial Data Activities.” This Circular defines geospatial data as: information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the Earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies. Consolidating Coordination Activities Departmental remote sensing and geospatial activities are currently managed by two separate USDA Offices, OCE and OCIO. Because remote sensing data are a subset of geospatial information, the authorities related to remote sensing that are delegated to the Chairman of the WAOB, through the Chief Economist, are being transferred to the Chief Information Officer, through the Assistant Secretary for Administration. This transfer of authority benefits USDA by providing a single focal point for coordinating all Departmental geospatial activities, remote sensing or other, and enabling spatial data and service lifecycle performance management to increase the value of USDA assets for stakeholders. This transfer of authority does not alter existing delegations of authority to the Administrator of the Foreign Agricultural Service relating to the support of remote sensing activities and research with satellite imagery (7 CFR 2.43(a)(45)), or to the Under Secretary for Research, Education, and Economics and the Administrator of the Agricultural Research Service, relating to the conduct of remote-sensing and other weather-related research (7 CFR 2.21(a)(1)(lxix)); 7 CFR 2.65(a)(33)). Classification This rule relates to internal agency management. Accordingly, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required, and this rule may be made effective less than 30 days after publication in the **Federal Register** . This rule also is exempt from the provisions of Executive Order 12866. This action is not a rule as defined by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 *et seq.* ), or the Congressional Review Act (5 U.S.C. 801 *et seq.* ), and thus is exempt from the provisions of those Acts. This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 2 Authority delegations (Government agencies). For the reasons discussed in the preamble, the Department of Agriculture amends 7 CFR part 2 as follows: PART 2—DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT 1. The authority for part 2 continues to read as follows: Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953, 3 CFR 1949-1953 Comp., p. 1024. 2. Amend § 2.24 by redesignating paragraphs (a)(2)(xi)(H) through (a)(2)(xi)(P) as paragraphs (a)(2)(xi)(I) through (a)(2)(xi)(Q) and adding new paragraph (a)(2)(xi)(H), to read as follows: § 2.24 Assistant Secretary for Administration.

(a)* * *

(2)* * *

(xi)* * *

(H)Provide technical assistance, coordination, and guidance to Department agencies in planning, developing, and carrying out satellite remote sensing activities to ensure full consideration and evaluation of advanced technology; designate the Executive Secretary for the Remote Sensing Coordination Committee; and coordinate administrative, management, and budget information relating to the Department's remote sensing activities including: ( *1* ) Inter- and intra-agency meetings, correspondence, and records; ( *2* ) Budget and management tracking systems; and ( *3* ) Inter-agency contacts and technology transfer. § 2.29 [Amended] 3. Amend § 2.29 by removing and reserving paragraph (a)(6). § 2.72 [Amended] 4. Amend § 2.72 by removing and reserving paragraph (a)(4). 5. Amend § 2.89 by redesignating paragraphs (a)(11)(viii) through (a)(11)(xvi) as paragraphs (a)(11)(ix) through (a)(11)(xvii) and adding new paragraph (a)(11)(viii), to read as follows: § 2.89 Chief Information Officer.

(a)* * *

(11)* * *

(viii)Provide technical assistance, coordination, and guidance to Department agencies in planning, developing, and carrying out satellite remote sensing activities to ensure full consideration and evaluation of advanced technology; designate the Executive Secretary for the Remote Sensing Coordination Committee; and coordinate administrative, management, and budget information relating to the Department's remote sensing activities including:

(A)Inter- and intra-agency meetings, correspondence, and records;

(B)Budget and management tracking systems; and

(C)Inter-agency contacts and technology transfer. Signed in Washington, DC, this day: March 5, 2012. Thomas J. Vilsack, Secretary. [FR Doc. 2012-5957 Filed 3-13-12; 8:45 am]

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