Unknown. Final rule

3,485 words·~16 min read·/register/2012/06/06/2012-13527·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2012-06-06.xml --- 77 109 Wednesday, June 6, 2012 Contents Agricultural Marketing Agricultural Marketing Service RULES National Organic Program; Sunset Review (2012), 33290-33302 2012-13523 Tart Cherries Grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin: Order Amending Marketing Order No. 930, 33303-33306 2012-13645 User Fees for 2012 Crop Cotton Classification Services to Growers, 33289-33290 2012-13527 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See National Institute of Food and Agriculture NOTICES Designations for Topeka, KS;

Cedar Rapids, IA; Minot, ND; and Cincinnati, OH Areas; Correction, 33388 2012-13646 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Lacey Act Declaration Requirement; Plants and Plant Products, 33388-33389 2012-13758 Environmental Assessments; Availability: ArborGen, LLC, Controlled Release of a Genetically Engineered Eucalyptus Hybrid, 33389-33390 2012-13760 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Oil-Spill Response Requirements for Facilities Located Seaward of Coast Line, 33479-33481 2012-13721 Subpart A, General, 33481-33486 2012-13724 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33460-33468 2012-13682 2012-13686 2012-13688 2012-13689 2012-13692 2012-13670 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33468-33469 2012-13602 2012-13630 Coast Guard Coast Guard RULES Drawbridge Operations: Lake Washington Ship Canal, Seattle, WA, 33307-33308 2012-13741 Safety Zones: Annual Firework Displays within the Captain of the Port, Puget Sound Area of Responsibility, 33308-33309 2012-13684 Marine Week Cleveland, Lake Erie, Cleveland, OH, 33312-33314 2012-13687 Race on the Lake, Onondaga Lake, Syracuse, NY, 33309-33312 2012-13685 Special Local Regulations:

Columbia Unlimited Hydroplane Races; Kennewick, WA, 33307 2012-13683 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department NOTICES Meetings: Department of Defense Wage Committee, 33444-33445 2012-13596 2012-13647 2012-13648 Renewals of Department of Defense Federal Advisory Committees, 33445-33446 2012-13660 Economic Development Economic Development Administration NOTICES Petitions by Firms for Determinations of Eligibility to Apply for Trade Adjustment Assistance, 33394-33395 2012-13664 Education Department Education Department NOTICES Applications for New Awards:

Comprehensive Centers Program, 33564-33571 2012-13735 Final Priorities, Requirements, and Selection Criteria: Comprehensive Centers Program, 33574-33594 2012-13739 Employment and Training Employment and Training Administration NOTICES Affirmative Determinations Regarding Applications for Reconsideration: American Woodmark Corp., Moorefield, WV, 33491 2012-13589 Long Elevator and Machine Co., Inc., et al., Riverton, IL, 33490-33491 2012-13590 Phillips-Van Heusen Corp., Izod Womens Wholesale Division, New York, NY, 33491 2012-13592 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance:

Cequent Performance Products, Inc., et al., Tekonsha, MI, 33492 2012-13591 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 33492-33494 2012-13587 Investigations Regarding Eligibility to Apply for Worker Adjustment Assistance, 33494-33495 2012-13588 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Applications for Long-Term Authorizations to Export Liquefied Natural Gas, etc.:

Jordan Cove Energy Project, L.P., 33446-33449 2012-13679 Meetings: NSF High Energy Physics Advisory Panel, 33449 2012-13674 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Waivers: BSH Corp.; Residential Dishwasher Test Procedure, 33450-33453 2012-13618 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33453-33454 2012-13668 Environmental Protection Environmental Protection Agency RULES Protection of Stratospheric Ozone:

Alternative for the Motor Vehicle Air Conditioning Sector under the Significant New Alternatives Policy Program, 33315-33331 2012-13189 PROPOSED RULES Approvals and Promulgations of Implementation Plans and Designations of Areas for Air Quality Planning Purposes: Tennessee; Knoxville; Determination of Attaining Data for 1997 Annual Fine Particulate Matter Standards, etc., 33360-33363 2012-13715 Approvals and Promulgations of Implementation Plans: Kentucky; Approval of Revisions to Jefferson County Portion of Kentucky SIP;

New Source Review, etc., 33363-33372 2012-13694 South Carolina; Fine Particulate Matter National Ambient Air Quality Standards, 33372-33387 2012-13714 2012-13716 NOTICES 8-Hour Ozone Nonattainment Area Adequacy Status: Reasonable Further Progress Plan Motor Vehicle Emissions Budget for Transportation Conformity for Portion of York County, SC, etc., 33454-33455 2012-13697 Applications for Emergency Exemptions: Bacillus mycoides isolate J for Use on Potato in Montana; Solicitation of Public Comment, 33455-33456 2012-13348 Public Water Supply Supervision Program:

Program Revision for State of Washington, 33456-33457 2012-13717 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Embraer S.A. Airplanes, 33334-33337 2012-13672 Fokker Services B.V. Airplanes, 33332-33334 2012-13671 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2012-13711 33457-33458 2012-13712 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 33458 2012-13621 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 33454 2012-13706 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings: Appraisal Subcommittee, 33458-33459 2012-13659 2012-13661 Federal Highway Federal Highway Administration NOTICES Uniform Relocation Assistance, Real Property Acquisition for Federal and Federally Assisted Programs: Fixed Residential Moving Cost Schedule, 33549-33551 C1--2012--12380 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 33459 2012-13742 Federal Motor Federal Motor Carrier Safety Administration RULES Regulatory Guidance;

Availability: Applicability of Property-Carrier Hours-of-Service Rules to Driveaway Operation of Vehicles Designed to Transport Passengers, 33331 2012-13657 NOTICES Qualifications of Drivers: Exemption Applications; Diabetes Mellitus, 33551-33557 2012-13656 2012-13663 Exemption Applications; Vision, 33558-33559 2012-13662 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 33459-33460 2012-13677 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 33460 2012-13676 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 33460 2012-13678 Federal Trade Federal Trade Commission PROPOSED RULES Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances, etc., 33337-33359 2012-13626 NOTICES SES Performance Review Board Membership, 33460 2012-13619 Fish Fish and Wildlife Service NOTICES Subsistence Management Program for Public Lands in Alaska, 33391-33392 2012-13673 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Medical Device User Fee Cover Sheet, 33469-33470 2012-13666 Foreign Assets Foreign Assets Control Office NOTICES Unblocking of Specially Designated Nationals Under Executive Order 12978, 33561-33562 2012-13709 Unblocking of Specially Designated Nationals under the Foreign Narcotics Kingpin Act, 33562 2012-13710 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Beaverhead-Deerlodge National Forest; Montana, 33390 2012-13669 Subsistence Management Program for Public Lands in Alaska, 33391-33392 2012-13673 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Immigration and Customs Enforcement Indian Health Indian Health Service See Indian Health Service NOTICES Reimbursement Rates for Calendar Year 2012, 33470 2012-13627 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service NOTICES Meetings: 21st Century Conservation Service Corps Advisory Committee, 33479 2012-13628 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.:

Citric Acid and Certain Citrate Salts from People's Republic of China, 33399-33405 2012-13599 Light-Walled Rectangular Pipe and Tube from Turkey, 33395-33399 2012-13707 Antidumping Duty Orders: Small Diameter Graphite Electrodes from People's Republic of China, 33405-33420 2012-13738 Antidumping Duty Orders; Sunset Reviews: Certain Activated Carbon from People's Republic of China, 33420-33422 2012-13379 Applications for Duty-Free Entry of Electron Microscopes: Regents of University of California, et al., 33422 2012-13577 Countervailing Duty Determinations:

Utility Scale Wind Towers from People's Republic of China, 33422-33439 2012-13502 Trade Mission to Egypt and Kuwait, 33439-33442 2012-13629 International Trade Com International Trade Commission NOTICES Complaints: Certain Integrated Circuit Packages Provided with Multiple Heat-Conducting Paths and Products Containing Same, 33486-33487 2012-13675 Investigations: Certain CMOS Image Sensors and Products Containing Same, 33488-33489 2012-13634 Certain Products Containing Interactive Program Guide and Parental Control Technology, 33487-33488 2012-13632 Justice Department Justice Department See Justice Programs Office NOTICES Lodgings of Consent Decrees:

United States of America v. Minnie Moore Resources, Inc. et al., 33489 2012-13633 Justice Programs Justice Programs Office NOTICES Draft Offender Tracking System Standard, 33489 2012-13681 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration, 33490 2012-13654 National Institute Food National Institute of Food and Agriculture NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2012-13728 2012-13730 33392-33394 2012-13733 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2012-13725 33472-33477 2012-13727 2012-13736 2012-13743 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 33473-33474 2012-13740 2012-13747 National Cancer Institute, 33476 2012-13729 National Heart, Lung, and Blood Institute, 33473-33474 2012-13749 National Institute of Environmental Health Sciences, 33472 2012-13751 National Institute of General Medical Sciences, 33471-33472, 33477-33478 2012-13723 2012-13752 2012-13753 2012-13754 2012-13755 2012-13720 National Institute of Neurological Disorders and Stroke, 33470-33471 2012-13719 National Institute on Aging, 33475-33476 2012-13732 National Institute on Alcohol Abuse and Alcoholism, 33477 2012-13722 National Institute on Drug Abuse, 33472 2012-13750 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:

Mid-Atlantic Fishery Management Council, 33443 2012-13696 Pacific Fishery Management Council, 33443 2012-13695 Permits: Marine Mammals; File No. 16473, 33443-33444 2012-13734 Marine Mammals; File No. 17217, 33444 2012-13726 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33496-33497 2012-13613 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Maritime Advisory Committee for Occupational Safety and Health, 33495-33496 2012-13631 Overseas Overseas Private Investment Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33497 2012-13579 Meetings; Sunshine Act, 33497 2012-13804 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualified Domestic Relations Orders, 33497-33498 2012-13635 Postal Service Postal Service RULES POSTNET Barcode Discontinuation, 33314-33315 2012-13636 Securities Securities and Exchange Commission NOTICES National Market System Plan to Address Extraordinary Market Volatility;

Joint Industry Plans: BATS Exchange, Inc.; BATS Y-Exchange, Inc.; Chicago Board Options Exchange, Inc., et al., 33498-33522 2012-13653 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc.; BATS Y-Exchange, Inc.; NASDAQ OMX BX, Inc.; et al., 33531-33535 2012-13652 Chicago Board Options Exchange, Inc., 33541-33543 2012-13641 Financial Industry Regulatory Authority, Inc., 33522-33531, 33537-33541 2012-13638 2012-13639 2012-13642 2012-13698 International Securities Exchange, LLC, 33535-33537, 33543-33546 2012-13640 2012-13643 Social Social Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33546-33547 2012-13598 Privacy Act; Computer Matching Program, 33547-33548 2012-13701 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Training/Internship Placement Plan, 33549 2012-13708 Surface Transportation Surface Transportation Board NOTICES Acquisition Exemptions: Southwest Pennsylvania Railroad Co.; Laurel Hill Development Corp., 33560 2012-13658 Acquisitions and Operation Exemptions:

Woodland Rail, LLC; Line of Maine Central Railroad Co., 33560 2012-13702 Trackage Rights Exemption: Eastern Maine Railway Co.; Woodland Rail, LLC, 33560-33561 2012-13699 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Emergency Federal Law Enforcement Assistance, 33478-33479 2012-13667 Separate Parts In This Issue Part II Education Department, 33564-33571 2012-13735 Part III Education Department, 33574-33594 2012-13739 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. 77 109 Wednesday, June 6, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 28 [Doc.

AMS-CN-12-0005] RIN 0581-AD23 User Fees for 2012 Crop Cotton Classification Services to Growers AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)will maintain user fees for cotton producers for 2012 crop cotton classification services under the Cotton Statistics and Estimates Act and the Cotton Standards Act of 1923 at $2.20 per bale—the same level as in 2011. This fee and the existing reserve are sufficient to cover the costs of providing classification services for the 2012 crop, including costs for administration and supervision. DATES: *Effective Date:* June 7, 2012. FOR FURTHER INFORMATION CONTACT: Darryl Earnest, Deputy Administrator, Cotton & Tobacco Programs, AMS, USDA, 3275 Appling Road, Room 11, Memphis, TN 38133. Telephone

(901)384-3060, facsimile

(901)384-3021, or email *darryl.earnest@ams.usda.gov* . SUPPLEMENTARY INFORMATION: 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). Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It 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. Regulatory Flexibility Act and Paperwork Reduction Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), AMS has considered the economic impact of this action on small entities and has determined that its implementation will not have a significant economic impact on a substantial number of small businesses. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. There are an estimated 25,000 cotton growers in the U.S. who voluntarily use the AMS cotton classing services annually, and the majority of these cotton growers are small businesses under the criteria established by the Small Business Administration (13 CFR 121.201). Continuing the user fee at the 2011 crop level as stated will not significantly affect small businesses as defined in the RFA because:

(1)The fee represents a very small portion of the cost-per-unit currently borne by those entities utilizing the services. (According to USDA's Economic Research Service, the U.S. average total cost of production in 2010 was $483 per bale. The user fee for classification services of $2.20 per bale represents less the one half percent of this average U.S. per-bale cost of production.);

(2)The fee for services will not affect competition in the marketplace;

(3)The use of classification services is voluntary. For the 2011 crop, approximately 15.1 million bales were produced; and, almost all of these bales were voluntarily submitted by growers for the classification service; and

(4)Based on the average price paid to growers for cotton from the 2010 crop of 0.8212 cents per pound, 500 pound bales of cotton are worth an average of $410 each. The user fee for classification services, $2.20 per bale, is less than one percent of the value of an average bale of cotton. In compliance with Office of Management and Budget

(OMB)regulations (5 CFR part 1320), which implement the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501-3520), the information collection requirements contained in the regulation to be amended is currently approved under OMB control number 0581-0008, Cotton Classing, Testing and Standards. Fees for Classification Under the Cotton Statistics and Estimates Act of 1927 This final rule establishes the 2012 user fee charged to producers for cotton classification at $2.20 per bale—the same as the 2011 user fee. The 2012 user fee was set in accordance to section 14201 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234) (2008 Farm Bill). Section 14201 of the 2008 Farm Bill provides that:

(1)The Secretary shall make available cotton classification services to producers of cotton, and provide for the collection of classification fees from participating producers or agents that voluntarily agree to collect and remit the fees on behalf of the producers;

(2)classification fees collected and the proceeds from the sales of samples submitted for classification shall, to the extent practicable, be used to pay the cost of the services provided, including administrative and supervisory costs;

(3)the Secretary shall announce a uniform classification fee and any applicable surcharge for classification services not later than June 1 of the year in which the fee applies; and

(4)in establishing the amount of fees under this section, the Secretary shall consult with representatives of the United States cotton industry. At pages 313-314, the Joint Explanatory Statement of the committee of conference for section 14201 stated the expectation that the cotton classification fee would be established in the same manner as was applied during the 1992 through 2007 fiscal years. Specifically, it states that the classification fee should continue to be a basic, uniform fee per bale fee as determined necessary to maintain cost-effective cotton classification service. Further, in consulting with the cotton industry, the Secretary should demonstrate the level of fees necessary to maintain effective cotton classification services and provide the Department of Agriculture with an adequate operating reserve, while also working to limit adjustments in the year-to-year fee. Under the provisions of section 14201, a user fee (dollar amount per bale classed) is established for the 2012 cotton crop that, when combined with other sources of revenue, will result in projected revenues sufficient to reasonably cover budgeted costs—adjusted for inflation—and allow for adequate operating reserves to be maintained. Costs considered in this method include salaries, costs of equipment and supplies, and other overhead costs, such as facility costs and costs for administration and supervision. In addition to covering expected costs, the user fee is set such that projected revenues will generate an operating reserve adequate to effectively manage uncertainties related to crop size and cash-flow timing while meeting minimum reserve requirements set by the Agricultural Marketing Service, which require maintenance of a reserve fund amount equal to at least four months of projected operating costs. The user fee charged to cotton producers for cotton classification in 2012 is $2.20 per bale, which is the same fee charged for the 2011 crop. This fee is based on the preseason projection that 14,475,000 bales will be classed by the United States Department of Agriculture during the 2012 crop year. Accordingly, § 28.909, paragraph

(b)reflects the continuation of the cotton classification fee at $2.20 per bale. As provided for in the 1987 Act, a 5 cent per bale discount will continue to be applied to voluntary centralized billing and collecting agents as specified in § 28.909(c). Growers or their designated agents receiving classification data will continue to incur no additional fees if classification data is requested only once. The fee for each additional retrieval of classification data in § 28.910 will remain at 5 cents per bale. The fee in § 28.910(b) for an owner receiving classification data from the National Database will remain at 5 cents per bale, and the minimum charge of $5.00 for services provided per monthly billing period will remain the same. The provisions of § 28.910(c) concerning the fee for new classification memoranda issued from the National Database for the business convenience of an owner without reclassification of the cotton will remain the same at 15 cents per bale or a minimum of $5.00 per sheet. The fee for review classification in § 28.911 is maintained at $2.20 per bale. The fee for returning samples after classification in § 28.911 will remain at 50 cents per sample. Summary of Comments A proposed rule was published in the **Federal Register** on April 11, 2012, with a comment period of April 11, 2012 through April 26, 2012 (77 FR 21684). AMS received two comments: One from a national trade organization that represents approximately 80 percent of the U.S. cotton industry, including cotton producers, ginners, warehousemen, merchants, cooperatives, cottonseed processors, and textile manufacturers from Virginia to California; and one from a national trade organization comprised of eight state and regional membership organizations that represent approximately 680 individual cotton ginning operations in 17 cotton-producing states. Comments from the national trade organizations expressed support for the decision to maintain the fee at the level established for the 2011 crop. Comments may be viewed at *www.regulations.gov* . Pursuant to 5 U.S.C. 533, good cause exists for not postponing the effective date of this final rule until 30 days after publication in the **Federal Register** because this rule maintains uniform user fees for 2012 crop cotton classification services as mandated by the Cotton Statistics and Estimates Act, at the same level as 2011. List of Subjects in 7 CFR Part 28 Administrative practice and procedure, Cotton, Reporting and recordkeeping requirements, Warehouses. For the reasons set forth in the preamble, 7 CFR part 28 is amended to read as follows: PART 28—[AMENDED] Subpart D—[Amended] 1. The authority citation for 7 CFR part 28, Subpart D, continues to read as follows: Authority: 7 U.S.C. 51-65; 7 U.S.C. 471-476. 2. In § 28.909, paragraph

(b)is revised to read as follows: § 28.909 Costs.

(b)The cost of High Volume Instrument

(HVI)cotton classification service to producers is $2.20 per bale. 3. In § 28.911, the last sentence of paragraph

(a)is revised to read as follows: § 28.911 Review classification.

(a)* * * The fee for review classification is $2.20 per bale. Dated: May 30, 2012. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2012-13527 Filed 6-5-12; 8:45 am]

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