Unknown. Final rule

2,904 words·~13 min read·/register/2012/07/09/2012-16610

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-2012-07-09.xml --- 77 131 Monday, July 9, 2012 Contents Agricultural Marketing Agricultural Marketing Service RULES Tart Cherries Grown in Michigan, et.al.: Increase in the Primary Reserve Capacity and Revision of Exemption Requirements, 40250-40253 2012-16699 Agricultural Research Agricultural Research Service RULES Revision of Delegations of Authority, 40249-40250 2012-16610 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Animal and Plant Health Inspection Service See National Agricultural Statistics Service See Rural Housing Service See Rural Utilities Service RULES Revision of Delegations of Authority, 40249-40250 2012-16610 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40320-40322 2012-16607 2012-16609 Air Force Air Force Department NOTICES Intent To Grant Exclusive Patent Licenses, 40345 2012-16683 Animal Animal and Plant Health Inspection Service NOTICES Environmental Assessments; Availability: Oral Rabies Vaccine Trial, 40322-40323 2012-16799 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40361-40363 2012-16645 2012-16643 Million Hearts Caregiver Video Challenge; Requirements and Registration, 40364-40365 2012-16666 Request for Nominations of Candidates: Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry, 40365-40366 2012-16636 Civil Rights Civil Rights Commission NOTICES Meetings: North Dakota Advisory Committee, 40325 2012-16714 Coast Guard Coast Guard RULES Drawbridge Operation Regulations:

Pequonnock River, Bridgeport, CT, Maintenance, 40266 2012-16622 Tennessee River, Decatur, AL, 40265-40266 2012-16620 Safety Zones: Conneaut 4th of July Festival, Lake Erie, Conneaut, OH, 40266-40268 2012-16619 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40325-40326 2012-16633 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List: Additions, 40343-40344 2012-16700 Proposed Additions and Deletion, 40344-40345 2012-16701 Copyright Office Copyright Office, Library of Congress RULES Deposit Requirements: Registration of Automated Databases That Predominantly Consist of Photographs, 40268-40270 2012-16723 Defense Department Defense Department See Air Force Department See Navy Department Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals Labor Condition Application and Instructions for H-1B, H-1B1, and E-3 Nonimmigrants, etc., 40383-40384 2012-16587 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40345-40347 2012-16663 Environmental Protection Environmental Protection Agency RULES Exemption From the Requirement of a Tolerance:

Pasteuria spp. (Rotylenchulus reniformis nematode)—Pr3, 40271-40276 2012-16695 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Colorado; Revisions to New Source Review Rules, 40315-40317 2012-16721 Approval, Disapproval and Promulgation of Air Quality Implementation Plans: Arizona; Regional Haze State and Federal Implementation Plans, 40317-40318 2012-16705 National Priorities List: Documentation Supporting Proposal of Leeds Metal Site; Addendum Availability, 40318-40319 2012-16692 NOTICES Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels—Draft, 40354-40355 2012-16694 Federal Aviation Federal Aviation Administration RULES Special Conditions:

Boeing, Model 737-800; Large Non-Structural Glass in the Passenger Compartment, 40255-40258 2012-16720 PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 40307-40310 2012-16668 Proposed Policy Clarification for the Registration of Aircraft to U.S. Citizen Trustees in Situations Involving Non-U.S. Citizen Trustors and Beneficiaries; correction, 40310 2012-16719 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40403-40404 2012-16707 2012-16718 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Changes in Permissible Stage 2 Airplane Operations, 40405 2012-16688 Non-Aeronautical Land-Use Changes: Quitclaim Deed and Federal Grant Assurance Obligations at Delano Municipal Airport, Delano, CA, 40405-40406 2012-16691 Federal Communications Federal Communications Commission RULES Implementation of the Commercial Advertisement Loudness Mitigation

(CALM)Act, 40276-40302 2012-16165 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 40355 2012-16841 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Accounting and Financial Reporting for New Electric Storage Technologies: Third-Party Provision of Ancillary Services, 40414-40458 2012-15763 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FERC-546, Certificated Filings, Gas Pipeline Rates, 40348-40349 2012-16631 FERC-552; Annual Report of Natural Gas Transactions, 40347-40348 2012-16630 Applications: Calleguas Municipal Water District, 40349-40350 2012-16627 Combined Filings, 40350-40353 2012-16687 2012-16689 2012-16690 Environmental Assessments; Availability, etc.: Onyx Specialty Papers, Inc; Massachusetts, 40353-40354 2012-16628 Preliminary Permit Applications: Mesa de Los Carros Hydro, LLC, 40354 2012-16629 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: National Summary of Rescinded Notices of Intent, 40406-40407 2012-16644 Travis County, TX; Cancellation, 40406 2012-16640 Temporary Closure to Accommodate Construction and Operation of the Baltimore Grand Prix: I-395 South of Conway Street in Baltimore, 40407-40408 2012-16639 Federal Trade Federal Trade Commission NOTICES Meetings: Pet Medications Issues; Workshop, 40355-40358 2012-16594 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40409 2012-16670 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Depredation Orders for Double-Crested Cormorants, 40374-40375 2012-16664 Federal Subsistence Regulations and Associated Forms, 40372-40374 2012-16659 Applications: Endangered Species Permits, 40375-40376 2012-16665 Food and Drug Food and Drug Administration NOTICES Debarment Orders: Glen R. Justice, 40366-40367 2012-16600 Withdrawals of Approvals of New Drug Applications: DURACT Capsules; Wyeth Pharmaceuticals, Inc., 40367 2012-16597 General Services General Services Administration NOTICES Redesignations of Federal Buildings; Correction, 40358 2012-16712 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: Scientific Advisory Committee on Alternative Toxicological Methods, 40358-40359 2012-16675 Homeland Homeland Security Department See Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: DHS Science & Technology First Responders Community of Practice Program, 40371-40372 2012-16662 Housing Housing and Urban Development Department PROPOSED RULES FHA Healthcare Mortgage Insurance Program; Partial Payment of Claims, 40310-40314 2012-16559 Industry Industry and Security Bureau RULES Validated End-User Authorizations: Hynix Semiconductor China Ltd., Hynix Semiconductor Ltd., et al., in the People's Republic of China, 40258-40261 2012-16724 Information Information Security Oversight Office RULES Interagency Security Classification Appeals Panel Bylaws, Rules, and Appeal Procedures, 40261-40265 2012-16655 Interior Interior Department See Fish and Wildlife Service See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panel Bankruptcy Compliance Project Committee, 40410 2012-16613 Taxpayer Advocacy Panel Face-to-Face Service Methods Project Committee, 40411 2012-16606 Taxpayer Advocacy Panel Joint Committee, 40410 2012-16612 Taxpayer Advocacy Panel Refund Processing Communications Project Committee, 40410 2012-16616 Taxpayer Advocacy Panel Return Processing Delays Project Committee, 40409-40410 2012-16611 Taxpayer Advocacy Panel Small Business/Self-Employed Decreasing Non-Filers Project Committee, 40411-40412 2012-16614 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 40411 2012-16604 Taxpayer Advocacy Panel Taxpayer Burden Reduction Project Committee, 40410-40411 2012-16605 Taxpayer Advocacy Panel Toll-Free Project Committee, 40411 2012-16615 International Trade Adm International Trade Administration NOTICES Executive-Led Infrastructure Business Development Mission Statement: November 11-17, 2012, Indonesia and Vietnam, 40326-40329 2012-16728 Renewable Energy Trade Mission, Philippines and Thailand, 40329-40332 2012-16595 International Trade Com International Trade Commission NOTICES Terminations of Investigations: Certain Digital Televisions Containing Integrated Circuit Devices and Components Thereof, 40381-40382 2012-16592 Justice Department Justice Department NOTICES Lodging of Consent Decree Under the Safe Drinking Water Act, 40382 2012-16599 Lodging of Consent Decrees Under CERCLA, 40382-40383 2012-16598 Labor Department Labor Department See Employment and Training Administration Library Library of Congress See Copyright Office, Library of Congress National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40323 2012-16673 Invitation for Nominations: Advisory Committee on Agriculture Statistics, 40323-40324 2012-16671 National Archives National Archives and Records Administration See Information Security Oversight Office National Institute National Institute of Standards and Technology NOTICES Request for Nominations for Members to Serve on National Institute of Standards and Technology Federal Advisory Committees, 40332-40338 2012-16722 Revised Draft Federal Information Processing Standard 201-2, Personal Identity Verification of Federal Employees and Contractors, 40338-40341 2012-16725 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 40369-40370 2012-16681 National Cancer Institute, 40369 2012-16680 National Eye Institute, 40367-40368 2012-16678 National Institute of Dental and Craniofacial Research, 40369 2012-16682 National Institute of Diabetes and Digestive and Kidney Diseases, 40368-40369 2012-16684 National Institute of General Medical Sciences, 40369 2012-16677 National Institute on Aging, 40368, 40370 2012-16676 2012-16679 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Pelagic Shelf Rockfish in the Western Regulatory Area of the Gulf of Alaska, 40305-40306 2012-16716 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Appointment in the NOAA Commissioned Officer Corps, 40341 2012-16608 Fisheries of the Exclusive Economic Zone off Alaska: Public Workshop for Bering Sea and Aleutian Islands Crab Economic Data Reports, 40341-40342 2012-16717 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 40376 2012-16602 National Science National Science Foundation NOTICES Meetings: Advisory Panel for Integrative Activities, 40384 2012-16651 National Transportation National Transportation Safety Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40384 2012-16590 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Disposal and Reuse of Hunters Point Naval Shipyard, San Francisco, CA, 40345 2012-16646 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating Licenses: Tennessee Valley Authority; Withdrawal, 40384-40385 2012-16658 Meetings; Sunshine Act, 40385 2012-16791 Regulatory Guides: Procedures for Picking Up and Receiving Packages of Radioactive Material; Withdrawal, 40385-40386 2012-16661 Ocean Energy Management Ocean Energy Management Bureau NOTICES Oil and Gas Lease Sales in the Central Gulf of Mexico Planning Area

(CPA)and the Western Gulf of Mexico Planning Area: Sale 233 in 2013 and Subsequent Sales Through 2017, 40376-40380 2012-16733 Oil and Gas Lease Sales, Western Planning Area Lease Sale 233 and Central Planning Area Lease Sale 231: Outer Continental Shelf, Gulf of Mexico, 40380-40381 2012-16732 Patent Patent and Trademark Office NOTICES Extension of the Full First Action Interview Pilot Program, 40342-40343 2012-16596 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40386-40387 2012-16649 2012-16652 Postal Regulatory Postal Regulatory Commission NOTICES Price Adjustments, 40387-40389 2012-16589 Rural Housing Service Rural Housing Service RULES Reserve Account, 40253-40255 2012-16731 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40324-40325 2012-16686 Securities Securities and Exchange Commission NOTICES Applications: Gladstone Capital Corporation, et al., 40389-40392 2012-16626 Meetings; Sunshine Act, 40392 2012-16771 Self-Regulatory Organizations; Proposed Rule Changes: EDGA Exchange, Inc., 40396-40398 2012-16624 EDGX Exchange, Inc., 40392-40394 2012-16623 Fixed Income Clearing Corporation, 40398-40399 2012-16653 Options Clearing Corp., 40394-40396 2012-16625 Suspension of Trading Orders: Qiao Xing Universal Resources, Inc., and Qiao Xing Mobile Communication Co., Ltd., 40399-40400 2012-16790 Small Business Small Business Administration NOTICES Meetings: National Women's Business Council, 40400 2012-16601 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40400-40402 2012-16634 2012-16635 Statistical Reporting Service See National Agricultural Statistics Service Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40370-40371 2012-16642 Susquehanna Susquehanna River Basin Commission NOTICES Meetings: Susquehanna River Basin Commission; Actions Taken, 40402-40403 2012-16660 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration Treasury Treasury Department See Internal Revenue Service RULES Acquisition Regulation; Internet Payment Platform, 40302-40305 2012-16407 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Rehabilitation Research and Development Service Scientific Merit Review Board, 40412 2012-16711 Separate Parts In This Issue Part II Energy Department, Federal Energy Regulatory Commission, 40414-40458 2012-15763 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. 77 131 Monday, July 9, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 2 Agricultural Research Service 7 CFR Part 520 RIN 0524-AA63 Revision of Delegations of Authority AGENCIES: Office of the Secretary, USDA; Agricultural Research Service, USDA. ACTION: Final rule. SUMMARY: This rule makes a number of miscellaneous amendments to delegations of authority by adding new authorities, correcting references, and removing obsolete authorities. DATES: This rule is effective July 9, 2012. FOR FURTHER INFORMATION CONTACT: Matthew Lockhart; Senior Policy Specialist; National Institute of Food and Agriculture; U.S. Department of Agriculture; STOP 2299; 1400 Independence Avenue SW.; Washington, DC 20250-2299; Voice: 202-559-5088; Fax: 202-401-7752; Email: *mlockhart@nifa.usda.gov.* SUPPLEMENTARY INFORMATION: Delegations of Authority This rule makes changes to existing delegations in 7 CFR parts 2 and 520. The delegations of authority to the Under Secretary for Research, Education, and Economics

(REE)in 7 CFR 2.21 and to the Director of the National Institute of Food and Agriculture

(NIFA)in 7 CFR 2.66 are amended to reflect the delegation of the authority of the Secretary of Agriculture (Secretary) in section 405 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7625), as added by section 209(b) of the FDA Food Safety Modernization Act, Public Law 111-353, to carry out a competitive grant program within NIFA to provide food safety training, education, extension, outreach, and technical assistance to owners and operators of farms, small food processors, and small fruit and vegetable merchant wholesalers. The authorities to approve the selection of State directors of extension and memoranda of understanding

(MOUs)between land-grant universities and USDA, related to cooperative extension programs, reserved to the Secretary in 7 CFR 2.21(b)(1)(v) and (vi), respectively, are removed. The MOUs, which required USDA approval of extension directors/administrators, have been terminated by USDA due to obsolescence. The delegations of authority to the Administrator of the National Agricultural Statistics Service in 7 CFR 2.68 are amended to reflect the delegation of authority, currently delegated to the Under Secretary for REE in 7 CFR 2.21(a)(xviii), to enter into agreements with and receive funds from any State, other political subdivision, organization, or individual for the purpose of conducting cooperative research projects, including agricultural statistical survey activities (7 U.S.C. 450a). Finally, this rule amends Agricultural Research Service

(ARS)regulations at 7 CFR 520.4 to correct a reference to the ARS official with delegated responsibility for the establishment of procedures and coordination necessary to carry out the policies and provisions of the National Environmental Policy Act within ARS. 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 Fairness 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 Parts 2 and 520 Authority delegations (Government agencies), Agricultural research, Agricultural extension, Federal assistance, Food and agricultural sciences. Title 7 of the Code of Federal Regulations is amended accordingly as set forth below: PART 2—DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT 1. The authority citation 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. Subpart C—Delegations of Authority to the Deputy Secretary, Under Secretaries, and Assistant Secretaries 2. Amend § 2.21 as follows: a. Add paragraph (a)(1)(ccv); and b. Remove paragraphs (b)(1)(v) and (vi). The addition reads as follows: § 2.21 Under Secretary for Research, Education, and Economics.

(a)* * *

(1)* * *

(ccv)Administer a competitive grant program for national food safety training, education, extension, outreach, and technical assistance (7 U.S.C. 7625). Subpart K—Delegations of Authority by the Under Secretary for Research, Education, and Economics 3. Amend § 2.66 by adding paragraph (a)(160) to read as follows: § 2.66 Director, National Institute of Food and Agriculture.

(a)* * *

(160)Administer a competitive grant program for national food safety training, education, extension, outreach, and technical assistance (7 U.S.C. 7625). 4. Amend § 2.68 by adding paragraph (a)(12) to read as follows: § 2.68 Administrator, National Agricultural Statistics Service.

(a)* * *

(12)Enter into agreements with and receive funds from any State, other political subdivision, organization, or individual for the purpose of conducting cooperative research projects, including agricultural statistical survey activities (7 U.S.C. 450a). PART 520—PROCEDURES FOR IMPLEMENTING NATIONAL ENVIRONMENTAL POLICY ACT 5. The authority citation for part 520 continues to read as follows: Authority: National Environmental Policy Act

(NEPA)as amended, 42 U.S.C. 4321 *et seq.;* E.O. 11514, 34 FR 4247, as amended by E.O. 11991, 42 FR 26927; E.O. 12144, 44 FR 11957; 5 U.S.C. 301; 40 CFR 1500-1508. 6. Amend § 520.4 by revising paragraph

(a)to read as follows: § 520.4 Responsibilities.

(a)*Administrator.* The Administrator is responsible for environmental analysis and documentation required for compliance with the provisions of NEPA and related laws, policies, plans, programs, and projects. The ARS Deputy Administrator for Natural Resources has been delegated responsibility for the establishment of procedures and coordination necessary to carry out the policies and provisions of NEPA. Dated: June 29, 2012. Thomas J. Vilsack, Secretary. [FR Doc. 2012-16610 Filed 7-6-12; 8:45 am]

Connectionstraces to 10

Traces to 10 documents

U.S. Code