Unknown. Final rule; correction; clarification

3,135 words·~14 min read·/register/2012/07/25/2012-17985

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-07-25.xml --- 77 143 Wednesday, July 25, 2012 Contents Agriculture Agriculture Department See Forest Service NOTICES Meetings: Council for Native American Farming and Ranching, 43571 2012-18088 Antitrust Division Antitrust Division NOTICES Changes in Membership Pursuant to National Cooperative Research and Production Act: Advanced Media Workflow Association, Inc., 43614-43615 2012-18111 Institute of Electrical and Electronics Engineers, 43615-43616 2012-18113 PXI Systems Alliance, Inc., 43615 2012-18114 Sematech, Inc.

D/B/A International Sematech, 43615 2012-18115 Antitrust See Antitrust Division Army Army Department See Engineers Corps Coast Guard Coast Guard RULES Anchorage Regulations: Narragansett Bay and Rhode Island Sound, RI, 43514-43517 2012-18127 Safety Zones: Flying Magazine Air Show, Lake Winnebago, Oshkosh, WI, 43517-43520 2012-18117 Special Local Regulations for Marine Events: Fifth Coast Guard District, Wrightsville Channel, Wrightsville Beach, NC; Temporary Change of Dates for Recurring Marine Events, 43511-43513 2012-18154 Special Local Regulations:

Olympia Harbor Days Tug Boat Races, Budd Inlet, WA, 43513-43514 2012-18126 PROPOSED RULES Regulated Navigation Areas: Columbus Day Weekend, Biscayne Bay, Miami, FL, 43554-43557 2012-18151 Safety Zones: Gilmerton Bridge Center Span Float-in, Elizabeth River; Norfolk, Portsmouth, and Chesapeake, VA, 43557-43560 2012-18125 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43572 2012-18135 Defense Department Defense Department See Engineers Corps RULES DoD Unclassified Controlled Nuclear Information, 43506-43511 2012-18122 NOTICES Meetings: Department of Defense Wage Committee, 43575 2012-18097 2012-18112 Education Department Education Department PROPOSED RULES American Indian Vocational Rehabilitation Services Program; Proposed Waivers and Extensions of Project Periods, 43560-43561 2012-18078 NOTICES Applications for New Awards:

American Overseas Research Centers Program, 43578-43582 2012-18084 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43582-43583 2012-18170 Meetings: Environmental Management Site-Specific Advisory Board, Paducah, 43583 2012-18169 Response to Recommendation 2012-1 of the Defense Nuclear Facilities Safety Board: Savannah River Site Building 235-F Safety, 43583-43584 2012-18176 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Proposed Ballona Wetlands Restoration Project, Ballona Creek, Los Angeles, CA, 43575-43577 2012-18166 Westbrook Project, Placer County, CA, 43577-43578 2012-18130 Environmental Protection Environmental Protection Agency RULES 1997 8-Hour Ozone National Ambient Air Quality Standard: Revision of Anti-Backsliding Provisions to Address 1-Hour Contingency Measure Requirements, etc., 43521-43523 C1--2012--11232 National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List:

Deletion of Fort Dix Landfill Superfund Site, 43529-43535 2012-18136 Pesticide Tolerances: Acetamiprid, 43524-43529 2012-18059 Revisions to Unregulated Contaminant Monitoring Regulation for Public Water Systems, 43523-43524 C2--2012--9978 Significant New Use Rules on Certain Chemical Substance: Removal of Significant New Use Rules, 43520-43521 2012-17897 PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of Fort Dix Landfill Superfund Site, 43567 2012-18139 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 43562-43566 2012-17899 NOTICES Pesticide Emergency Exemptions:

Agency Decisions and State and Federal Agency Crisis Declarations, 43593-43595 2012-18066 Product Cancellation Order for Certain Pesticide Registrations, 43595-43598 2012-18132 Equal Equal Employment Opportunity Commission RULES Federal Sector Equal Employment Opportunity, 43498-43506 2012-18134 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Competitiveness Report Survey of Exporters and Bankers, 43598 2012-18124 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Bombardier, Inc. Airplanes, 43545-43547 2012-18145 The Boeing Company Airplanes, 43547-43550 2012-18147 Turbomeca S.A. Turboshaft Engines, 43550-43554 2012-18050 2012-18155 Federal Communications Federal Communications Commission RULES Grantee Codes for Certified Radiofrequency Equipment, 43535-43536 2012-18186 Misuse of Internet Protocol Relay Service: Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, 43538-43542 2012-18093 Wireless E911 Phase II Location Accuracy Requirements, 43536-43538 2012-18181 PROPOSED RULES Medical Area Body Network, 43567-43570 2012-18098 NOTICES Meetings:

Advisory Committee for the 2015 World Radiocommunication, 43598-43599 2012-18184 Federal Emergency Federal Emergency Management Agency NOTICES Preliminary Damage Assessment for Individual Assistance Operations Manual, 43606 2012-18133 Federal Energy Federal Energy Regulatory Commission RULES Continuity of Operations Plan, 43488-43492 2012-18157 NOTICES Applications: Shelbyville Hydro LLC, 43584-43585 2012-18103 Combined Filings, 43585 2012-18116 Complaints: Keryn Newman v. Potomac-Appalachian Transmission Highline, LLC, 43585-43586 2012-18162 Environmental Assessments;

Availability, etc.: Southern Star Central Gas Pipeline, Inc., Line V Pipeline Retirement Project, 43586-43589 2012-18102 Environmental Impact Statements; Availability, etc.: Freeport LNG Development, LP, et al., Liquefaction Project, 43589-43591 2012-18158 Filings: System Energy Resources, Inc., 43592 2012-18161 Tri-State Financial Co., LLC, Red River Energy, LLC, 43591-43592 2012-18101 Meetings: Public Utility District No. 1 of Snohomish County, WA, 43592 2012-18160 Transfer of License Applications:

Chignik, AK; NorQuest Seafoods, Inc., 43593 2012-18159 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 43599 2012-18173 Ocean Transportation Intermediary Licenses; Applicants, 43599-43600 2012-18177 Ocean Transportation Intermediary Licenses; Reissuances, 43600 2012-18178 Ocean Transportation Intermediary Licenses; Revocations, 43600 2012-18179 Federal Procurement Federal Procurement Policy Office RULES Cost Accounting Standards: Cost Accounting Standards 412 and 413 - Cost Accounting Standards Pension Harmonization Rule;

Correction, 43542-43543 2012-17265 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 2012-18081 2012-18082 43645-43646 2012-18083 Federal Transit Federal Transit Administration NOTICES FY 2012 Discretionary Funding Opportunity: Bus and Bus Facilities and National Research Program Veterans Transportation and Community Living Initiative, 43646-43656 2012-18073 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants:

Incidental Take Permit; Environmental Assessment and Regional Habitat Conservation Plan; San Luis Valley, CO, 43609-43611 2012-18137 Food and Drug Food and Drug Administration NOTICES Meetings: Cardiovascular and Renal Drugs Advisory Committee, 43600-43601 2012-18095 Public Workshops: Risks and Benefits of Hydroxyethyl Starch Solutions, 43601 2012-18110 Foreign Assets Foreign Assets Control Office NOTICES Blocking Property of Certain Persons: Designations of Entities Pursuant to Executive Order 13572, 43658 2012-18182 Blocking Property of Senior Officials:

Designations of Individuals Pursuant to Executive Order 13573, 43658-43659 2012-18185 Specially Designated Nationals and Blocked Persons: Actions Taken Pursuant to Executive Order 13382, 43659-43660 2012-18188 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Manufacturing Authority: Firth Rixson, Inc. d/b/a Firth Rixson Monroe; Rochester, NY, 43572-43573 2012-18148 Forest Forest Service NOTICES Meetings: Kern and Tulare Counties Resource Advisory Committee, 43571-43572 2012-18141 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43660-43662 2012-18086 International Trade Adm International Trade Administration NOTICES Request for Applicants: United States-Turkey Business Council, 43573-43574 2012-18167 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Results, etc: Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof, 43612-43614 2012-18052 Justice Department Justice Department See Antitrust Division NOTICES Lodgings of Consent Decrees: Clean Air Act, 43614 2012-18096 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Funding Opportunities: National Technical Assistance and Demonstration Center on Preparing Youth with Disabilities for Employment, 43616 2012-18090 Land Land Management Bureau NOTICES Proposed Reinstatements of Terminated Oil and Gas Leases:

WYW154148, Wyoming, 43611-43612 2012-18029 WYW156551, Wyoming, 43611 2012-18022 WYW172987, Wyoming, 43612 2012-18024 WYW174754, Wyoming, 43611 2012-18027 WYW179184, Wyoming, 43612 2012-18025 Management Management and Budget Office See Federal Procurement Policy Office National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 43601-43603 2012-18054 Meetings: Center for Scientific Review, 43605 2012-18055 National Advisory Council on Alcohol Abuse and Alcoholism, 43604 2012-18171 National Institute of Allergy and Infectious Diseases;

Workshop, 43604-43605 2012-18168 National Institute on Alcohol Abuse and Alcoholism, 43603-43604 2012-18172 Prospective Grants of Exclusive Licenses: Use of Glucocerebrosidase Activators for Treatment of Gaucher Disease and Central Nervous System Proteinopathies, 43605-43606 2012-18053 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Caribbean Fishery Management Council Advisory Panel, 43574 2012-18140 Climate Assessment and Development Advisory Committee, 43574-43575 2012-18034 Nuclear Regulatory Nuclear Regulatory Commission RULES Requirements for Distribution of Byproduct Material, 43666-43696 2012-17711 PROPOSED RULES Implementation of Requirements for Distribution of Byproduct Material, 43544-43545 2012-17710 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Requests for Nominations:

National Advisory Committee on Occupational Safety and Health, 43616-43618 2012-18174 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 43618 2012-18261 Postal Service Postal Service PROPOSED RULES Eligibility Criteria for Bound Printed Matter Parcels, 43561-43562 2012-18085 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Honoring the Victims of the Tragedy in Aurora, CO (Proc. 8842), 43703 2012-18326 ADMINISTRATIVE ORDERS Uniformed Services Employment and Reemployment Rights Act;

Ensuring Protections (Memorandum of July 19, 2012), 42697-42702 2012-18325 Railroad Retirement Railroad Retirement Board NOTICES Meetings; Sunshine Act, 43618 2012-18262 Securities Securities and Exchange Commission RULES Process for Submissions for Review of Security-Based Swaps for Mandatory Clearing and Notice Filing Requirements for Clearing Agencies: Technical Amendments to Rule 19b-4 and Form 19b-4 Applicable to All Self-Regulatory Organizations; Correction, 43487-43488 2012-17985 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 43620 2012-18108 NASDAQ OMX PHLX LLC, 43629-43636 2012-18165 2012-18163 NASDAQ Stock Market LLC, 43618-43620 2012-18106 New York Stock Exchange LLC, 43636-43639 2012-18164 NYSE Arca, Inc., 43620-43629 2012-18107 Social Social Security Administration RULES Expedited Vocational Assessment Under the Sequential Evaluation Process, 43492-43496 2012-17934 Regulations Regarding Income-Related Monthly Adjustment Amounts to Medicare Beneficiaries' Prescription Drug Coverage Premiums, 43496-43498 2012-17935 NOTICES Privacy Act;

Computer Matching Program, 43639-43640 2012-18109 Social Security Ruling; Titles II and XVI, Evaluation of Fibromyalgia, 43640-43644 2012-17936 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Byzantine Art in the Mary and Michael Jaharis Galleries of Greek, Roman and Byzantine Art, 43644-43645 2012-18156 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: BNSF Railway Co., Los Angeles County, CA, 43656-43657 2012-18152 Discontinuance of Service Exemptions:

Progressive Rail, Inc., Barron County, WI, 43657 2012-18128 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service See United States Mint U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application for Suspension of Deportation or Special Rule Cancellation of Removal, 43606-43607 2012-18143 Application to Register Permanent Residence or Adjust Status, 43608-43609 2012-18092 Petition for U Nonimmigrant Status, 43607-43608 2012-18144 Customs U.S. Customs and Border Protection NOTICES Suspensions of Customs Broker Licenses, 43609 2012-18183 U.S. China U.S.-China Economic and Security Review Commission NOTICES Meetings: Preparation and Release of 2012 Annual Report to Congress, 43662-43663 2012-18138 U.S.

Mint United States Mint NOTICES Price for the 2012 American Eagle Silver Proof Coin, 43662 2012-18061 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Direct Deposit Enrollment, 43663 2012-18063 Separate Parts In This Issue Part II Nuclear Regulatory Commission, 43666-43696 2012-17711 Part III Presidential Documents, 2012-18326 42697-42703 2012-18325 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. 77 143 Wednesday, July 25, 2012 Rules and Regulations SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 240 and 249 [Release No. 34-67286A; File No. S7-44-10] RIN 3235-AK87 Process for Submissions for Review of Security-Based Swaps for Mandatory Clearing and Notice Filing Requirements for Clearing Agencies;

Technical Amendments to Rule 19b-4 and Form 19b-4 Applicable to All Self-Regulatory Organizations; Correction AGENCY: Securities and Exchange Commission. ACTION: Final rule; correction; clarification. SUMMARY: On July 13, 2012, the Securities and Exchange Commission (“Commission”) published a document in the **Federal Register** (77 FR 41602), concerning, among other things, the process for submissions for review of security-based swaps for mandatory clearing and notice filing requirements for clearing agencies.

The document contained typographical errors in the preamble and in the general authority for Part 240. The Commission is publishing corrections to the preamble and the general authority as well as a clarification concerning the Office of Management and Budget (“OMB”) control number for Rule 3Ca-1 under the Securities Exchange Act of 1934 (“Exchange Act”). DATES: Effective on August 13, 2012. FOR FURTHER INFORMATION CONTACT: Catherine Moore, Senior Special Counsel, Kenneth Riitho, Special Counsel or Andrew Bernstein, Special Counsel, at

(202)551-5710; Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-7010. SUPPLEMENTARY INFORMATION: Correction In the **Federal Register** of July 13, 2012, in FR Doc. 2012-16233, the following corrections are made: 1. On page, 41627 in the third line of the third column remove “3” and add in its place “10.” 2. On page, 41631 in the 40th line of the third column remove “3” and add in its place “10.” 3. On page, 41632 in the 32nd line of the first column remove “3” and add in its place “10.” 4. On page, 41645 in the 23rd line of the third column remove “Security-Based Swap Submissions” after the phrase, “mandate to submit” and add in its place “Advance Notices.” 5. On page, 41646 in the 57th line of the first column remove “14” after the phrase, “resulting in a total annual burden of” and add in its place “16.” PART 240—[CORRECTED] 6. On page 41647, in the 24th line from the bottom of the third column, the general authority citation for part 240 is corrected to read as follows: Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c-3, 78d, 78e, 78f, 78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4, 78p, 78q, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq.; 18 U.S.C. 1350, 12 U.S.C. 5221(e)(3), and Sec. 939A, Pub. L. 111-203, 124 Stat. 1376, (2010), unless otherwise noted. Clarification On page 41627, in the 14th line from the bottom of the first column, it states: “Finally, the Commission has submitted a new collection of information titled ‘Rule 3Ca-1 Stay of Clearing Requirement and Review by the Commission under the Securities Exchange Act of 1934' to OMB for review in accordance with 44 U.S.C. 3507 and 5 CFR 1320.11. OMB has not yet assigned a control number to the new collection of information.” The Commission has submitted the collection of information under Rule 3Ca-1 as part of the collection of information in “Rule 19b-4 Filings with Respect to Proposed Rule Changes by Self-Regulatory Organizations” (OMB Control No. 3235-0045), so a new control number for the information collection request under Rule 3Ca-1 will not be assigned. We provide below a clarification of why the information collection request under Rule 3Ca-1 was submitted under OMB Control No. 3235-0045: Section 3C of the Exchange Act, as added by Section 763(a) of the Dodd-Frank Act (“Exchange Act Section 3C”) requires each clearing agency that plans to accept a security-based swap (or any group, category, type or class of security-based swaps) for clearing to submit such security-based swap to the Commission (referred to herein as a “Security-Based Swap Submission”) for a determination by the Commission of whether the security-based swap (or any group, category, type or class of security-based swaps) referenced in the submission is required to be cleared. 1 The amendments to Rule 19b-4 and Form 19b-4 will require, among other things, that clearing agencies file Security-Based Swap Submissions and any related information electronically with the Commission on Form 19b-4 using the existing Electronic Form 19b-4 Filing System. 2 1 *See* 15 U.S.C. 78c-3(b)(2)(A) (as added by Section 763(a) of the Dodd-Frank Act). 2 *See Process for Submissions for Review of Security-Based Swaps for Mandatory Clearing and Notice Filing Requirements for Clearing Agencies; Technical Amendments to Rule 19b-4 and Form 19b-4 Applicable to All Self-Regulatory Organizations,* Securities Exchange Act Release No. 67286 (June 28, 2012), 77 FR 41602 (July 13, 2012) (“ *Adopting Release* ”). Exchange Act Section 3C also provides that after making a mandatory clearing determination, the Commission, on application of a counterparty to a security-based swap (or group, category, type, or class of security-based swaps), or on its own initiative, may stay the clearing requirement. 3 The Commission adopted new Rule 3Ca-1 to establish the procedure by which the Commission may stay the requirement that a security-based swap is subject to mandatory clearing while the clearing of the security-based swap is reviewed. 4 The collection of information required by new Rule 3Ca-1 will be used by the Commission to determine whether to grant the stay of the clearing requirement sought by a counterparty and to review whether the clearing requirement will continue to apply to the security-based swap (or group, category, type, or class of security-based swaps) referenced in the application for a stay. 5 3 *See* 15 U.S.C. 78c-3(c)(1) (as added by Section 763(a) of the Dodd-Frank Act). 4 *See* Adopting Release, 77 FR 41618. 5 *See* Adopting Release, 77 FR 41628. After reviewing the collection of information requirements for the amendments to Rule 19b-4 and Form 19b-4 and for new Rule 3Ca-1, the Commission believes that the procedures for reviewing Security-Based Swaps Submissions and applications for a stay from a mandatory clearing requirement are so closely connected that the collection of information should be included in a single submission to OMB. Specifically, the number of applications for a stay from a mandatory clearing requirement will, at least in part, be dependent on the number of mandatory clearing determinations the Commission makes pursuant to a Security-Based Swap Submission filed pursuant to Rule 19b-4 and on Form 19b-4. 6 In estimating the collection of information requirement related to new Rule 3Ca-1, the Commission drew a comparison between the amount of time it would take for a clearing agency to prepare a Security-Based Swap Submission and the amount of time it would take a counterparty to prepare an application of a stay of a clearing requirement, given that each filing would likely address similar issues related to the clearing of the particular security-based swap. 7 In addition, the Commission believes that an application for a stay will take less time to prepare than a new submission, due to the fact that some of the information addressed in the application for a stay will have already been provided with the Security-Based Swap Submission when it was published for notice and comment. 8 Accordingly, the Commission believes that the collection of information that is required in connection with a request for a stay under new Rule 3Ca-1 is interrelated to the collection of information under Rule 19b-4 and Form 19b-4 and should not be treated as a separate collection of information. For that reason, the Commission has submitted the collection of information under Rule 3Ca-1 as part of the collection of information in “Rule 19b-4 Filings with Respect to Proposed Rule Changes by Self-Regulatory Organizations” (OMB Control No. 3235-0045). 6 *See* Adopting Release, 77 FR 41634. 7 *Id.* 8 *Id.* Dated: July 19, 2012. Elizabeth M. Murphy, Secretary. [FR Doc. 2012-17985 Filed 7-24-12; 8:45 am]

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