Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-05-30.xml --- 77 104 Wednesday, May 30, 2012 Contents Agricultural Marketing Agricultural Marketing Service RULES Grading and Inspection: General Specifications for Approved Plants and Standards for Grades of Dairy Products, etc., 31719-31720 2012-13065 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Inspection and Grading Services of Manufactured or Processed Dairy, 31828 2012-13064 Plant Variety Protection Certification and Objective Description of Variety, 31828-31829 2012-13066 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service RULES Quarantined Areas;

Asian Longhorned Beetle: Massachusetts, Ohio, and New York, 31720-31722 2012-13111 NOTICES Environmental Assessments; Availability, etc.: Importation of Fresh Bananas from Philippines into Continental United States, 31829-31830 2012-13057 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement RULES Production Measurement Documents Incorporated by Reference; Correction, 31724 2012-13086 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Head Start Facilities Construction, Purchase and Major Renovations, 31857-31858 2012-13029 Coast Guard Coast Guard RULES Drawbridge Operations: St. Croix River, Stillwater, MN, 31724-31725 2012-13033 Safety Zones: Belle Pass Dredge Operations, Belle Pass, Port Fourchon, Lafourche Parish, LA, 31725-31727 2012-13031 PROPOSED RULES Safety Zones: Fifth Coast Guard District Fireworks Display Currituck Sound; Corolla, NC, 31803-31806 2012-12972 Commerce Commerce Department See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Aggregation, Position Limits for Futures and Swaps, 31767-31783 2012-12526 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31837 2012-13089 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Unemployment Compensation for Federal Employees Handbook No. 391, 31879-31880 2012-13036 Operating Instructions for Implementing Amendments to Trade Act of 1974, 31880-31892 2012-13037 Requests for Certification of Compliance:

Rural Industrialization Loan and Grant Program, 31892-31893 2012-13038 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission RULES Energy Conservation Program: Standards for Residential Dishwashers, 31918-31963 2012-12340 PROPOSED RULES Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Test Procedures for Showerheads, Faucets, Water Closets, Urinals, and Commercial Prerinse Spray Valves, 31742-31756 2012-12919 Energy Conservation Program:

Standards for Residential Dishwashers, 31964-31970 2012-12338 Meetings: Energy Conservation Program; Alternative Efficiency Determination Methods and Alternative Rating Methods, 31756-31758 2012-13099 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Paducah, 31837-31838 2012-13067 Orders Granting Authority to Import and Export Natural Gas and Liquefied Natural Gas During April 2012: Prometheus Energy Group; Dow Chemical Co.; Golden Pass LNG Terminal LLC, et al., 31838-31839 2012-13090 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings:

Wind and Water Power Program, 31839-31840 2012-13102 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Illinois; Small Container Exemption from VOC Coating Rules, 31727-31728 2012-12507 Significant New Use Rules: Elemental Mercury Used in Barometers, Manometers, Hygrometers, and Psychrometers, 31728-31734 2012-13071 NOTICES Intent to Suspend Certain Pesticide Registrations, 31844-31847 2012-12922 Meetings:

Science Advisory Board Perchlorate Advisory Panel, 31847-31848 2012-13073 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31848-31849 2012-13047 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 31758-31765 2012-13028 2012-13039 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31849-31851 2012-12965 2012-12966 Privacy Act;

Systems of Records, 31851-31854 2012-12949 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31854-31855 2012-12944 Federal Emergency Federal Emergency Management Agency PROPOSED RULES National Flood Insurance Program: Insurance Coverage and Rates; Withdrawal, 31814-31815 2012-13017 Federal Energy Federal Energy Regulatory Commission NOTICES Amendments: Perryville Gas Storage LLC, 31840 2012-13003 Applications for Authorizations to Abandon Facilities and Services by Mergers:

Steuben Gas Storage Co., Arlington Gas Storage Co., LLC, 31841 2012-13027 Baseline Filings: Hope Gas, Inc., 31841-31842 2012-12999 Combined Filings, 31842 2012-13008 Complaints: Thrifty Propane, Inc. v. Enterprise TE Products Pipeline Co., LLC, 31842-31843 2012-13000 Unnamed Entity v. California Independent System Operator Corp., 31843 2012-13004 Meetings: PPL Montana, LLC, 31843 2012-13026 Preliminary Permit Applications: Swan Lake North Hydro, LLC, 31843-31844 2012-13001 Revised Statements of Operating Conditions:

New Mexico Gas Co., Inc., 31844 2012-13002 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 31855 2012-13014 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 31855 2012-13013 Financial Stability Financial Stability Oversight Council NOTICES Hearing Procedures; Availability, 31855-31856 2012-12963 Fish Fish and Wildlife Service NOTICES Draft Recovery Plans: Iris Lacustris (Dwarf Lake Iris), 31869-31870 2012-13046 Final Comprehensive Conservation Plans:

Bowdoin National Wildlife Refuge Complex, 31870-31871 2012-13011 Food and Drug Food and Drug Administration RULES New Animal Drugs; Changes of Sponsors: Estradiol; Estradiol Benzoate and Testosterone Propionate; Progesterone and Estradiol Benzoate; etc., 31722-31724 2012-13010 NOTICES Draft Guidance for Industry; Availability: Pathologic Complete Response in Neoadjuvant Treatment of High-Risk Early-Stage Breast Cancer, etc., 31858-31859 2012-12928 Food and Nutrition Food and Nutrition Service PROPOSED RULES Supplemental Nutrition Assistance Program:

Trafficking Controls and Fraud Investigations, 31738-31742 2012-12907 General Services General Services Administration NOTICES Records of Decisions: Department of Homeland Security Headquarters Consolidation; St. Elizabeths Master Plan Amendment in Southeast, Washington, DC, 31856 2012-13053 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Designation Opportunities: West Sacramento, CA; Frankfort, IN; Indianapolis, IN; and Richmond, VA Areas, 31830-31831 2012-13018 Designations:

Topeka, KS; Cedar Rapids, IA; Minot, ND; and Cincinnati, OH Areas, 31831 2012-13019 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Meetings: Chronic Fatigue Syndrome Advisory Committee, 31856-31857 2012-13097 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Office of Native American Programs Training and Technical Assistance Notice of Funding Availability, 31868-31869 2012-13091 Consolidated Delegations of Authority: Office of Community Planning and Development, 31972-31974 2012-13093 Order of Succession: Office of Community Planning and Development, 31974 2012-13100 Indian Affairs Indian Affairs Bureau NOTICES Land Acquisitions: Ione Band of Miwok Indians of California, 31871-31873 2012-13084 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Property Transferred in Connection with Performance of Services under Section 83, 31783-31786 2012-12855 Regulations Revising Rules Regarding Agency for Consolidated Group, 31786-31794 2012-13056 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31912-31915 2012-12970 2012-12973 2012-12977 2012-12988 2012-12993 International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Textile and Apparel Safeguard Actions on Imports from Colombia, 31832-31833 2012-12994 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, 31833-31834 2012-13072 Antidumping Duty Orders;

Final Results of Expedited Third Sunset Reviews: Clad Steel Plate from Japan, 31834-31835 2012-13103 International Trade Com International Trade Commission NOTICES Complaints: Certain Electronic Imaging Devices, 31875 2012-13075 Certain Rubber Resins and Processes for Manufacturing Same, 31875-31876 2012-13077 Investigations; Determinations, Rulings, Amendments, etc.: Certain Consumer Electronic and Display Devices and Products Containing Same, 31876-31877 2012-13080 Schedulings of Full Five-Year Reviews:

Corrosion-Resistant Carbon Steel Flat Products from Korea, 31877-31878 2012-13078 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Blasting Operations and Use of Explosives Standard, 31878-31879 2012-13052 Land Land Management Bureau NOTICES Meetings: Central Montana Resource Advisory Council, 31873-31874 2012-13042 Proposed Reinstatement of Terminated Oil and Gas Leases:

WYW177172, Wyoming, 31874 2012-12975 Minority Business Minority Business Development Agency PROPOSED RULES Petition for Inclusion of Arab-American Community in Groups Eligible for MBDA Services, 31765-31767 2012-12968 National Council National Council on Disability NOTICES Meetings; Sunshine Act, 31893 2012-13153 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31910-31912 2012-13068 2012-13070 National Institute National Institutes of Health NOTICES Government-Owned Inventions;

Availability for Licensing, 31859-31861 2012-13007 Meetings: Center for Scientific Review, 31861-31862 2012-13116 National Center for Complementary and Alternative Medicine, 31862 2012-13120 National Heart, Lung, And Blood Institute, 31863 2012-13118 2012-13121 National Human Genome Research Institute, 31863 2012-13114 National Institute of General Medical Sciences, 31862-31863 2012-13122 2012-13123 Prospective Grants of Exclusive Licenses: Development of PANVAC and Tumor Associated Antigens as Colorectal Cancer Vaccine, 31864-31866 2012-13006 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Reef Fish Fishery of Gulf of Mexico; Red Snapper Management Measures, 31734-31737 2012-13110 NOTICES Applications: Marine Mammals; File No. 16580, 31835 2012-13115 Endangered and Threatened Species; Take of Anadromous Fish, 31835-31836 2012-13117 Permits: Marine Mammals; File No. 15240, 31836-31837 2012-13112 National Park National Park Service NOTICES Meetings: Acadia National Park Advisory Commission, 31874-31875 2012-13107 National Science National Science Foundation NOTICES Meetings:

Committee on Equal Opportunities in Science and Engineering, 31893-31894 2012-12955 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 31894 2012-13180 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Draft Guidances; Availability: Portable Gauge Licenses, 31894-31895 2012-13045 Meetings; Sunshine Act, 31895 2012-13192 Renewed Facility Operating Licenses; Reissuances: Energy Northwest, Columbia Generating Station, 31895-31896 2012-13041 Patent Patent and Trademark Office PROPOSED RULES Changes to Implement Micro Entity Status for Paying Patent Fees, 31806-31814 2012-12971 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials Regulations:

Combustible Liquids; Withdrawal, 31815-31827 2012-12958 Pipeline Safety: Damage Prevention Programs, 31827 2012-13025 Postal Regulatory Postal Regulatory Commission NOTICES Product List Changes, 31896-31897 2012-13083 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31897-31899 2012-13040 2012-13043 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31899 2012-12998 Meetings; Sunshine Act, 31899 2012-13151 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX BX, Inc., 31906-31909 2012-12997 NYSE Arca, Inc., 31899-31906 2012-12996 State Department State Department RULES Exchange Visitor Program: Summer Work Travel; Correction, 31724 2012-13098 NOTICES Culturally Significant Objects Imported for Exhibition: 50th Anniversary Remembrance of Tragedy at Orly; Determinations, 31909 2012-13101 Designations of Foreign Terrorist Organizations:

Abdallah Azzam Brigades, 31909 2012-13106 Determination and Certification Under the Arms Export Control Act, 31909 2012-13096 Specially Designated Global Terrorists: Abdallah Azzam Brigades, 31909 2012-13104 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Baseline Assessments; Security Enhancement Program for Public Transportation Systems, 31866-31867 2012-12959 Treasury Treasury Department See Internal Revenue Service PROPOSED RULES Financial Crimes Enforcement Network: Imposition of Special Measure against JSC CredexBank as Financial Institution of Primary Money Laundering Concern, 31794-31803 2012-12747 Veteran Affairs Veterans Affairs Department NOTICES Meetings: National Research Advisory Council, 31915 2012-12995 Separate Parts In This Issue Part II Energy Department, 31918-31970 2012-12340 2012-12338 Part III Housing and Urban Development Department, 31972-31974 2012-13093 2012-13100 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. 77 104 Wednesday, May 30, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 58 [AMS-DA-10-0055] Grading and Inspection, General Specifications for Approved Plants and Standards for Grades of Dairy Products;

General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This document amends the General Specifications for Dairy Plants Approved for United States Department of Agriculture

(USDA)Inspection and Grading Service (General Specifications) by raising the maximum allowable somatic cell count in producer herd goat milk from 1,000,000 cells per milliliter to 1,500,000 cells per milliliter. This will ensure that goat milk can continue to be shipped and recognizes that goats have a need for different regulatory limits for somatic cells than cows. In addition this document eliminates mandatory sediment testing on producer milk except for milk in cans. The requirement for sediment testing has become outdated and is no longer needed. DATES: *Effective:* June 29, 2012. FOR FURTHER INFORMATION CONTACT: Susan Sausville, Chief, Standardization Branch, Dairy Programs, AMS, USDA, telephone

(202)720-9382 or email *Susan.Sausville@ams.usda.gov.* SUPPLEMENTARY INFORMATION: A. Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866 and therefore has not been reviewed by the Office of Management and Budget (OMB). B. Regulatory Flexibility Act The final rule has been reviewed in accordance with the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ), and AMS has considered the economic impact of this action on small entities. It is determined that its provisions will not have a significant economic impact on a substantial number of small entities. AMS provides, under the authority of the Agricultural Marketing Act of 1946, voluntary, user-fee funded inspection and grading services to approximately 400 dairy manufacturing plants. All of the dairy manufacturing plants utilizing the program would be considered small businesses under the criteria established by the Small Business Administration (13 CFR 121.201). These amendments will not have a significant economic impact since participation in the USDA-approved plant program is voluntary and the cost to those utilizing the program will not increase. C. Civil Justice Reform This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. D. Paperwork Reduction Act The information collection requirements that appear in Part 58 of the regulations have been previously approved by OMB and assigned OMB Control Number 0581-0110 under the Paperwork Reduction Act (44 U.S.C. chapter 35). This action will not impose any additional reporting or recordkeeping requirements on large or small dairy processors. Background and Changes The change for goat milk raises the maximum allowable somatic cell count from 1,000,000 to 1,500,000 cells per milliliter. Due to inherent differences between cows and goats, goat milk with a somatic cell count of 1,500,000 cells per milliliter can be produced from a healthy, non-mastitic udder and therefore is quality milk. The change for goat milk will ensure its continued shipment and recognizes that goats have a need for different regulatory limits for somatic cells than cows. The need for a separate standard for goat milk was recognized by the National Conference on Interstate Milk Shipments (NCIMS), and a proposal to raise the somatic cell count in goat milk was approved at the 2009 NCIMS Conference. This change will align the General Specifications for Dairy Plants Approved for USDA Inspection and Grading with the Grade A requirements for goat milk. The change on sediment testing eliminates the provisions imposing mandatory sediment testing on producer milk except for milk in cans. The requirement for sediment testing has become outdated and is no longer needed. The regulations governing sediment testing were promulgated in 1975 before dairy operations started using contained milking, storage, and transportation facilities for commercial milk production. The change in sediment testing is based on the fact that the majority of milk sold in the United States is produced using automated milking equipment and systems that provide no opportunity for sediment contamination. Because milk production predominantly occurs in clean, modern facilities, using sealed lines, storage tanks and sanitary pumps with no “manual handling” sediment testing is no longer needed except for those producers using cans for milk collection where there is a risk of sediment contamination. Public Comments On December 23, 2012, the Department published a proposed rule (76 FR 80280) to amend the General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service. The public comment period closed February 23, 2012. One comment was received from the Chairperson of the Other Species Committee of the National Conference on Interstate Milk Shipments (NCIMS) in support of the proposed amendments. List of Subjects in 7 CFR Part 58 Dairy products, Food grades and standards, Food labeling, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 58, Subpart B, is amended as follows: PART 58—[AMENDED] 1. The authority citation for 7 CFR part 58 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 2. Amend § 58.133 by revising paragraphs (b)(5) introductory text, (b)(5)(ii), and (b)(6) to read as follows: § 58.133 Methods for quality and wholesomeness determination.

(b)* * *

(5)Whenever the official test indicates the presence of more than 750,000 somatic cells per ml. (1,500,000 per ml. for goat milk), the following procedures shall be applied:

(ii)Whenever two out of the last four consecutive somatic cell counts exceed 750,000 per ml. (1,500,000 per ml. for goat milk), the appropriate State regulatory authority shall be notified and a written notice given to the producer. This notice shall be in effect as long as two of the last four consecutive samples exceed 750,000 per ml. (1,500,000 per ml. for goat milk).

(6)An additional sample shall be taken after a lapse of 3 days but within 21 days of the notice required in paragraph (b)(5)(ii) of this section. If this sample also exceeds 750,000 per ml. (1,500,000 per ml. for goat milk), subsequent milkings shall not be accepted for market until satisfactory compliance is obtained. Shipment may be resumed and a temporary status assigned to the producer by the appropriate State regulatory agency when an additional sample of herd milk is tested and found satisfactory. The producer may be assigned a full reinstatement status when three out of four consecutive somatic cell count tests do not exceed 750,000 per ml. (1,500,000 per ml. for goat milk). The samples shall be taken at a rate of not more than two per week on separate days within a 3-week period. 3. Amend § 58.134 by revising the section heading and paragraphs (b),

(c)introductory text, (d), and

(e)and removing paragraphs (c)(1) and (2). The revisions read as follows: § 58.134 Sediment content for milk in cans.

(b)*Sediment content classification.* Milk in cans shall be classified for sediment content, regardless of the results of the appearance and odor examination required in § 58.133(a), as follows: USDA SEDIMENT STANDARD No. 1 (acceptable)—not to exceed 0.50 mg. or equivalent. No. 2 (acceptable)—not to exceed 1.50 mg. or equivalent. No. 3 (probational, not over 10 days)—not to exceed 2.50 mg. or equivalent. No. 4 (reject)—over 2.50 mg. or equivalent.

(c)*Frequency of tests.* At least once each month, at irregular intervals, one or more cans of milk selected at random from each producer shall be tested.

(d)*Acceptance or rejection of milk.* If the sediment disc is classified as No. 1, No. 2, or No. 3, the producer's milk may be accepted. If the sediment disc is classified No. 4 the milk shall be rejected: *Provided that,* If the shipment of milk is commingled with other milk in a transport tank the next shipment shall not be accepted until its quality has been determined before being picked up; however, if the person making the test is unable to get to the farm before the next shipment it may be accepted but no further shipments shall be accepted unless the milk meets the requirements of No. 3 or better. In the case of milk classified as No. 3 or No. 4, all cans shall be tested. Producers of No. 3 or No. 4 milk shall be notified immediately and shall be furnished applicable sediment discs and the next shipment shall be tested.

(e)*Retests.* On test of the next shipment all cans shall be tested. Milk classified as No. 1, No. 2, or No. 3 may be accepted, but No. 4 milk shall be rejected. The producers of No. 3 or No. 4 milk shall be notified immediately, furnished applicable sediment discs and the next shipment tested. This procedure of retesting successive shipments and accepting probational (No. 3) milk and rejecting No. 4 milk may be continued for not more than 10 calendar days. If at the end of this time all of the producer's milk does not meet the acceptable sediment content classification (No. 1 or No. 2), it shall be rejected. Dated: May 22, 2012. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2012-13065 Filed 5-29-12; 8:45 am]

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