Unknown. Affirmation of interim rule as final rule

3,166 words·~14 min read·/register/2012/04/12/2012-8822·

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-04-12.xml --- 77 71 Thursday, April 12, 2012 Contents Agricultural Marketing Agricultural Marketing Service RULES Dried Prunes Produced in California; Decreased Assessment Rate, 21842-21843 2012-8820 Mango Promotion, Research, and Information Order; Assessment Increase, 21843-21846 2012-8825 Pistachios Grown in California, Arizona, and New Mexico; Decreased Assessment Rate, 21841-21842 2012-8822 Agriculture Agriculture Department See Agricultural Marketing Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 21961 2012-8814 Army Army Department NOTICES Meetings: Army Science Board; Summer Study, 21977 2012-8828 Consumer Financial Protection Bureau of Consumer Financial Protection PROPOSED RULES Truth in Lending (Regulation Z), 21875-21878 2012-8534 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Programs for Contract Year 2013 and Other Changes, 22072-22175 2012-8071 Coast Guard Coast Guard RULES Drawbridge Operations:

Saginaw River, Bay City, MI, 21864-21866 2012-8821 Safety Zones: Marina Salvage, Bellingham Bay, Bellingham, WA, 21868-21870 2012-8876 Sunken Vessel, Puget Sound, Everett, WA, 21866-21868 2012-8757 PROPOSED RULES Drawbridge Operations: Sturgeon Bay Ship Canal, Sturgeon Bay, WI., 21890-21893 2012-8813 Safety Zones; International Bridge 50th Anniversary Celebration Fireworks: St Mary's River, U.S. Army Corps of Engineers Locks, Sault Sainte Marie, MI, 21893-21896 2012-8808 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 21989-21991 2012-8826 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Army Department NOTICES Meetings: Board of Regents of the Uniformed Services University of the Health Sciences, 21972 2012-8843 Privacy Act; Systems of Records, 21974-21975 2012-8836 Drug Drug Enforcement Administration NOTICES Importers Of Controlled Substances;

Applications, 21998 2012-8761 Importers Of Controlled Substances; Applications: Lipomed, Inc., 21998-21999 2012-8763 Importers Of Controlled Substances; Registrations: Cerilliant Corp., 21999-22000 2012-8766 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Green Jobs and Health Care Impact Evaluation of American Recovery and Reinvestment Act-funded Grants, 22001-22003 2012-8724 Meetings:

Native American Employment and Training Council, 22003 2012-8725 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List; Deletion of the A and F Material Reclaiming, Inc. Superfund Site, 21870-21874 2012-8855 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Nevada; Regional Haze State and Federal Implementation Plans;

BART Determination for Reid Gardner Generating Station, 21896-21908 2012-8713 Approvals and Promulgations of Air Quality Implementation Plans: Pennsylvania; Streamlining Amendments to Plan Approval Regulations, 21908-21911 2012-8852 Approvals and Promulgations of Implementation Plans: Arizona; Prevention of Air Pollution Emergency Episodes, 21911-21913 2012-8837 Approvals and Promulgations of State Implementation Plans: Hawaii; Infrastructure Requirements for 1997 8-Hour Ozone and 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 21913-21919 2012-8848 National Oil and Hazardous Substances Pollution Contingency Plan:

National Priorities List; Deletion of the A and F Material Reclaiming, Inc. Superfund Site, 21919-21920 2012-8859 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21980 2012-8812 Executive Office of the President See Management and Budget Office See Presidential Documents Export Import Export-Import Bank NOTICES Economic Impact Policy, 21981 2012-8829 Federal Aviation Federal Aviation Administration RULES Special Conditions:

Boeing, Model 777F; Enhanced Flight Vision System, 21861-21864 2012-8739 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Whitestone Power and Communications, 21977-21978 2012-8819 Petitions for Rate Approval: MGTC, Inc., 21978 2012-8815 Review of Cost Submittals by Other Federal Agencies for Administering Part I of the Federal Power Act, 21978 2012-8816 Staff Attendances, 21978-21979 2012-8817 Staff Attendances: Entergy Regional State Committee Working Group and Stakeholder Meeting, 21979-21980 2012-8818 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22058 2012-8847 Federal Maritime Federal Maritime Commission NOTICES Complaints: Maher Terminal LLC v. Port Authority of New York and New Jersey, 21981 2012-8777 Federal Motor Federal Motor Carrier Safety Administration NOTICES Fiscal Year 2012 Cooperative Agreement Solicitation for Applications: Specialized Heavy Vehicle Inspection Study, 22058-22059 2012-8772 Qualification of Drivers; Exemption Applications; Vision, 22059-22061 2012-8775 Federal Reserve Federal Reserve System RULES Collection of Checks and Other Items by Federal Reserve Banks and Funds Transfers Through Fedwire, 21854-21861 2012-8563 Reserve Requirements of Depository Institutions:

Reserves Simplification, 21846-21854 2012-8562 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 21981-21982 2012-8832 Federal Transit Federal Transit Administration NOTICES FTA Section 5307 Urbanized Area Formula Program: Allocation of Funding Caps for Treating Fuel and Electric Utility Costs for Vehicle Propulsion as a Capital Maintenance Expense, 22061-22066 2012-8853 Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Notice of Reclamation Electronic Funds Transfer, Federal Recurring Payments, etc., 22066-22067 2012-8588 Trace Request for Electronic Funds Transfer Payment; Trace Request Direct Deposit, 22067 2012-8592 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition to List the Eastern or Southern Rocky Mountain Population of the Boreal Toad, 21920-21936 2012-8806 Listing 23 Species on Oahu as Endangered and Designating Critical Habitat for 124 Species, 21936-21946 2012-8807 NOTICES Endangered and Threatened Wildlife and Plants:

Technical/Agency Draft Recovery Plan for Alabama Sturgeon; Availability, 21993-21994 2012-8744 Food and Drug Food and Drug Administration NOTICES Meetings: Cardiovascular and Renal Drugs Advisory Committee, 21982 2012-8824 Nonvoting Industry Representatives; Notification and Nominations Request: Blood Products Advisory Committee, 21982-21983 2012-8823 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Critical Infrastructure Private Sector Clearance Program Request, 21989 2012-8738 Housing Housing and Urban Development Department PROPOSED RULES Federal Housing Administration (FHA): Multifamily Accelerated Processing - Enhancing and Strengthening Multifamily Accelerated Processing, 21880-21890 2012-8705 NOTICES Federal Housing Administration: Multifamily Accelerated Processing

(MAP)- Lender and Underwriter Eligibility Criteria and Credit Watch for MAP Lenders, 21991-21992 2012-8679 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applicant Background Survey, 21992-21993 2012-8810 Internal Revenue Internal Revenue Service NOTICES Inflation Adjustment Factor: Nonconventional Source Fuel Credit, and Reference Price for Calendar Year 2011, 22067-22068 2012-8754 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Chlorinated Isocyanurates from People's Republic of China, 21964-21966 2012-8865 Saccharin from People's Republic of China, 21966-21968 2012-8866 Stainless Steel Plate in Coils from Belgium, 21963-21964 2012-8864 Uncovered Innerspring Units from People's Republic of China, 21961-21963 2012-8863 Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Honey from Argentina, 21968-21969 2012-8840 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People's Republic of China, 21968 2012-8841 Export Trade Certificate Of Review, 21969-21971 2012-8759 International Trade Com International Trade Commission NOTICES Investigations: Aiptek International LLC; Certain Digital Photo Frames and Image Display Devices and Components Thereof, 21994-21995 2012-8849 Trade Facilitation in the East African Community: Recent Developments and Potential Benefits, 21995-21996 2012-8850 Terminations of Investigations: Certain Equipment for Communications Networks, Including Switches, Routers, Gateways, etc., 21996-21997 2012-8851 Justice Department Justice Department See Drug Enforcement Administration See Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: September 11th Victim Compensation Fund Objection Form, 21997-21998 2012-8398 Justice Programs Justice Programs Office NOTICES Hearing of the Attorney General's National Task Force on Children Exposed to Violence, 22000-22001 2012-8861 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Unemployment Compensation Provisions of the American Recovery and Reinvestment Act, 22001 2012-8776 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: National Petroleum Reserve-Alaska; Correction, 21994 2012-8860 Management Management and Budget Office NOTICES Draft 2012 Report to Congress: Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities, 22003-22004 2012-8533 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures, 21955-21958 2012-8756 Fisheries Off West Coast States: Coastal Pelagic Species Fisheries; Annual Specifications, 21958-21960 2012-8857 Revisions of Boundaries for the Thunder Bay National Marine Sanctuary and Underwater Preserve: Environmental Impact Statements; Availability, etc.; Scoping Meetings, 21878-21880 2012-8831 Taking of Marine Mammals Incidental to Commercial Fishing Operations: Bottlenose Dolphin Take Reduction Plan, 21946-21955 2012-8770 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications and Reports for Registration as a Tanner or Agent, 21971-21972 2012-8791 Meetings: Pacific Fishery Management Council, 21972 2012-8805 National Science National Science Foundation NOTICES Permit Applications, 22004 2012-8726 Office of Management and Budget See Management and Budget Office Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Former Prisoner of War Recognition Day (Proc. 8799), 22183-22184 2012-9019 National Volunteer Week (Proc. 8797), 22177-22180 2012-9017 Pan American Day and Pan American Week (Proc. 8798), 22181-22182 2012-9018 Public Debt Public Debt Bureau See Fiscal Service Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22004-22006 2012-8792 2012-8796 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 22022-22027 2012-8784 Chicago Board Options Exchange, Inc., 22012-22015, 22027-22032 2012-8783 2012-8839 EDGA Exchange, Inc., 22008-22011, 22020-22022 2012-8787 2012-8788 EDGX Exchange, Inc., 22006-22008, 22053-22056 2012-8785 2012-8786 ICE Clear Credit LLC, 22019-22020 2012-8790 NASDAQ OMX PHLX LLC, 22034-22042 2012-8778 2012-8779 2012-8780 2012-8781 NASDAQ Stock Market LLC, 22015-22019, 22042-22053 2012-8789 2012-8838 New York Stock Exchange LLC, 22032-22034 2012-8782 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22056 2012-8745 Meetings: Interagency Task Force on Veterans Small Business Development, 22056-22057 2012-8751 National Small Business Development Center Advisory Board, 22057 2012-8749 State Department State Department NOTICES Meetings: Shipping Coordinating Committee, 22057-22058 2012-8830 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21983-21984, 21986-21989 2012-8797 2012-8803 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration Treasury Treasury Department See Fiscal Service See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Status Report, 22068 2012-8800 Notice of Lapse - Government Life Insurance, 22069 2012-8802 Post-9/11 GI Bill Education Longitudinal Study Survey, 22068-22069 2012-8801 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 22072-22175 2012-8071 Part III Presidential Documents, 22177-22184 2012-9019 2012-9017 2012-9018 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 71 Thursday, April 12, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 983 [Doc. No. AMS-FV-11-0077; FV11-983-2 FIR] Pistachios Grown in California, Arizona, and New Mexico; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: The Department of Agriculture

(USDA)is adopting, as a final rule, without change, an interim rule that decreased the assessment rate established for the Administrative Committee for Pistachios (Committee) for the 2011-12 and subsequent production years from $0.0007 to $0.0005 per pound of assessed weight pistachios. The Committee locally administers the marketing order which regulates the handling of pistachios grown in California, Arizona, and New Mexico. The interim rule was necessary to allow the Committee to provide sufficient revenue to meet its expenses while maintaining a financial reserve within the limit authorized under the order. DATES: *Effective Date:* April 13, 2012. FOR FURTHER INFORMATION CONTACT: Andrea Ricci or Kurt J. Kimmel, California Marketing Field Office, Marketing Order and Agreements Division, Fruit and Vegetable Programs, AMS, USDA; Telephone:

(559)487-5901, Fax:

(559)487-5906, or Email: *Andrea.Ricci@ams.usda.gov* or *Kurt.Kimmel@ams.usda.gov.* Small businesses may obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: *http//www.ams.usda.gov/MarketingOrdersSmallBusinessGuide;* or by contacting Laurel May, Marketing Order Agreement Division, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or Email: *Laurel.May@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 983, both as amended (7 CFR part 983), regulating the handling of pistachios grown in California, Arizona, and New Mexico, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Order 12866. Under the order, California, Arizona, and New Mexico pistachio handlers are subject to assessments, which provide funds to administer the order. Assessment rates as issued under the order are intended to be applicable to all assessable pistachios for the entire production year and continue indefinitely until amended, suspended, or terminated. The Committee's fiscal period begins on September 1, 2011, and ends on August 31, 2012. In an interim rule published in the **Federal Register** on September 29, 2011, and effective on September 30, 2011, (76 FR 60361, Doc. No. AMS-FV-11-0077; FV 983-2 IR], § 983.253 was amended by decreasing the assessment rate established for California, Arizona, and New Mexico pistachios for the 2011-12 and subsequent production years from $0.0007 to $0.0005 per pound of assessed weight pistachios. The decrease in the per pound assessment rate allows the Committee to provide sufficient revenue to meet its expenses while maintaining a financial reserve within the limit authorized under the order. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), the Agricultural Marketing Service

(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 900 producers of pistachios in the production area and approximately 25 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration as those having annual receipts less than $750,000 and small agricultural service firms are defined as those whose annual receipts are less than $7,000,000. (13 CFR 121.201) Based on Committee data, it is estimated that over 70 percent of the handlers ship less than $7,000,000 worth of pistachios and would thus be considered small business under the SBA definition. It is also estimated that over 80 percent of the growers in the production area produce less than $750,000 worth of pistachios and would thus be considered small businesses under the SBA definition. This rule continues in effect the action that decreased the assessment rate established for the Committee and collected from handlers for the 2011-12 and subsequent production years from $0.0007 to $0.0005 per pound of assessed weight pistachios. At its July 21, 2011 meeting, the Committee unanimously recommended 2011-12 expenditures of $681,850 and an assessment rate of $0.0005 per pound of assessed weight pistachios. The assessment rate of $0.0005 is $0.0002 lower than the 2010-11 rate. Applying the $0.0005 per pound assessment rate to the Committee's 400,000,000 pound crop estimate should provide $200,000 in assessment income. Thus, income derived from handler assessments combined with the 2010-11 financial reserve, estimated interest income, and funds received from the CPRB is expected to provide sufficient revenues for the Committee to meet its expenses while maintaining a financial reserve within the limit authorized under the order. According to NASS, the season average producer price was $1.67 in 2009 and $2.22 per pound of assessed weight pistachios in 2010. A review of historical information and preliminary information pertaining to the upcoming production year indicates that the grower price for the 2011-12 production year could range between $1.67 and $2.22 per pound of assessed weight pistachios. Therefore, the estimated assessment revenue for the 2011-12 production year as a percentage of total producer revenue during the 2011-12 production year could range between 0.030 and 0.023 percent. This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the Committee's meeting was widely publicized throughout the California, Arizona, and New Mexico pistachio industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the July 21, 2011, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget

(OMB)and assigned OMB No. 0581-0215 Pistachios Grown in California. No changes in those requirements as a result of this action are anticipated. Should any changes become necessary, they would be submitted to OMB for approval. This action imposes no additional reporting or recordkeeping requirements on either small or large California, Arizona, and New Mexico handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Comments on the interim rule were required to be received on or before November 28, 2011. No comments were received. Therefore, for reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: *http://www.regulations.gov/#!documentDetail;D=AMS-FV-11-0077-0001* . This action also affirms information contained in the interim rule concerning Executive Orders 12866 and 12988, and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the **Federal Register** (76 FR 60361, September 29, 2011) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 983 Marketing agreements, Pistachios, Reporting and recordkeeping requirements. PART 983—PISTACHIOS GROWN IN CALIFORNIA, ARIZONA, AND NEW MEXICO Accordingly, the interim rule amending 7 CFR part 983, which was published at 76 FR 60361 on September 29, 2011, is adopted as a final rule, without change. Dated: April 6, 2012. David R. Shipman, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2012-8822 Filed 4-11-12; 8:45 am]

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