Unknown. Final rule; correction; correcting amendment

3,037 words·~14 min read·/register/2012/08/01/2012-18670·

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-08-01.xml --- 77 148 Wednesday, August 1, 2012 Contents Agriculture Agriculture Department See Forest Service Antitrust Division Antitrust Division NOTICES Membership Changes under National Cooperative Research and Production Act: Pistoia Alliance, Inc., 45656 2012-18769 Antitrust See Antitrust Division Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45614-45618 2012-18742 2012-18744 2012-18745 2012-18746 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mother and Infant Home Visiting Program Evaluation; Follow-up Data Collection on Family Outcomes, 45618-45619 2012-18702 Civil Rights Civil Rights Commission NOTICES Meetings: Arkansas Advisory Committee, 45575 2012-18756 Coast Guard Coast Guard RULES Safety Zones:

Atlantic Intracoastal Waterway, North Topsail Beach, NC, 45488-45490 2012-18716 Barrel Recovery, Lake Superior, Duluth, MN, 45490-45492 2012-18717 PROPOSED RULES Great Lakes Pilotage Rates, 2013 Annual Review and Adjustment, 45539-45558 2012-18714 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Department Defense Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Authorized Negotiators, 45613 2012-18696 Federal Acquisition Regulation; Freight Classification Description, 45611-45612 2012-18694 Federal Acquisition Regulation; Notice of Radioactive Materials, 45612-45613 2012-18725 Federal Acquisition Regulation; Professional Employee Compensation Plan, 45612 2012-18695 Drug Drug Enforcement Administration NOTICES Decision and Orders: James William Eisenberg, M.D., 45663-45675 2012-18747 Margy Temponeras, M.D., 45675-45688 2012-18749 Perry T.

Dobyns, M.D., 45656-45663 2012-18750 Electronic Prescriptions for Controlled Substances: Approved Certification Process, 45688-45689 2012-18748 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Perkins Loan Program Master Promissory Note, 45592 2012-18713 Employee Benefits Employee Benefits Security Administration NOTICES Exemptions from Certain Prohibited Transaction Restrictions, 45690-45695 2012-18701 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission Energy Information Energy Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45593-45594 2012-18751 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans: South Carolina; Infrastructure Requirements for 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 45492-45495 2012-18519 Exemptions from Requirement of a Tolerance: 2-Methyl-1,3-propanediol, 45495-45498 2012-18506 Pesticide Tolerances: Pyrimethanil, 45498-45503 2012-18388 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans:

Delaware; Requirements for Prevention of Significant Deterioration and Nonattainment New Source Review; Fine Particulate Matter, 45527-45530 2012-18802 Virginia; Prevention of Significant Deterioration and Nonattainment New Source Review; Fine Particulate Matter, 45523-45527 2012-18800 Approvals and Promulgations of Implementation Plans: Michigan; Detroit-Ann Arbor Nonattainment Area; Fine Particulate Matter 2005 Base Year Emissions Inventory, 45532-45535 2012-18799 New Mexico;

Albuquerque/Bernalillo County; Motor Vehicle Inspection, 45530-45532 2012-18795 Tolerance Actions: Aldicarb, 45535-45539 2012-18508 NOTICES Certain New Chemicals; Receipt and Status Information, 45600-45604 2012-18654 Meetings: Science Advisory Board Environmental Economics Advisory Committee, 45604-45605 2012-18796 Proposed Consent Decrees: Clean Air Act Citizen Suit, 45605-45606 2012-18794 Executive Office of the President See Management and Budget Office See Presidential Documents Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Policy Statement Concerning Assistance to Troubled Farm Credit System Institutions, 45606-45607 2012-18692 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

The Boeing Company Airplanes, 45513-45520 2012-18614 2012-18616 2012-18622 Federal Communications Federal Communications Commission RULES 4.9 GHz Band, 45503-45508 2012-18575 PROPOSED RULES 4.9 GHz Band, 45558-45571 2012-18566 NOTICES 9-1-1 Resiliency and Reliability: Derecho Storm In Central, Mid-Atlantic, and Northeastern United States, 45607-45609 2012-18805 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45609-45610 2012-18738 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

San Francisco Public Utilities Commission, 45594-45595 2012-18773 Combined Filings, 45596 2012-18677 Complaints: Shell Energy North America (US), LP v. California Independent System Operator Corp., 45596 2012-18774 Environmental Assessments; Availability, etc.: Elba Express Co., LLC; Hartwell Compressor Station Project, 45596-45597 2012-18735 Environmental Impact Statements; Availability, etc.: Middle Fork American River Project, 45597-45598 2012-18733 Filings: Enogex LLC, 45598 2012-18737 North American Electric Reliability Corp., 45598-45599 2012-18705 Oncor Electric Delivery Co.

LLC, 45598-45599 2012-18736 2012-18777 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: U.S. Energy Partners, LLC, 45599 2012-18776 Revised Market-Based Rate Tariff Filings Including Requests for Blanket Section 204 Authorizations: CED Rock Springs, Inc., 45599-45600 2012-18775 Technical Conferences: Coordination Between Natural Gas and Electricity Markets, 45600 2012-18734 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings:

Appraisal Subcommittee, 2012-18760 45610 2012-18761 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 45610 2012-18803 Ocean Transportation Intermediary Licenses; Applicants, 45610-45611 2012-18801 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 45715 2012-18887 Federal Railroad Federal Railroad Administration NOTICES Public Hearings: Reading Blue Mountain and Northern Railroad, 45715-45716 2012-18804 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

British Columbia Distinct Population Segment of Queen Charlotte Goshawk, 45870-45893 2012-18211 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications for FDA Approval to Market New Drug; Revision of Postmarketing Reporting Requirements—Discontinuance, 45619-45621 2012-18771 Early Food Safety Evaluation of New Non-Pesticidal Proteins Produced by New Plant Varieties Intended for Food Use, 45622-45623 2012-18765 Reclassification Petitions for Medical Devices, 45621-45622 2012-18772 Animal Drug User Fee Rates and Payment Procedures for Fiscal Year 2013, 45624-45629 2012-18709 Animal Generic Drug User Fee Rates and Payment Procedures for Fiscal Year 2013, 45629-45634 2012-18710 Biosimilar User Fee Rates for Fiscal Year 2013, 45634-45635 2012-18712 Fee Rates for Fiscal Year 2013:

Food Safety Modernization Act Domestic and Foreign Facility Reinspection, Recall, and Importer Reinspection, 45636-45638 2012-18678 Meetings: Blood Products Advisory Committee, 45638-45639 2012-18724 Prescription Drug User Fee Rates for Fiscal Year 2013, 45639-45643 2012-18711 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Extended Production Authority: Foreign-Trade Zone 143, Subzone 143D, Grafil Inc. (Carbon Fiber Production), West Sacramento, CA, 45575-45576 2012-18806 Forest Forest Service NOTICES Meetings:

Central Idaho Resource Advisory Committee, 45575 2012-18652 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Authorized Negotiators, 45613 2012-18696 Federal Acquisition Regulation; Freight Classification Description, 45611-45612 2012-18694 Federal Acquisition Regulation; Notice of Radioactive Materials, 45612-45613 2012-18725 Federal Acquisition Regulation;

Professional Employee Compensation Plan, 45612 2012-18695 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 National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Assessment of Native American, Alaska Native and Native Hawaiian Housing Needs, 45649-45650 2012-18816 Direct Endorsement Underwriter/HUD Reviewer; Analysis of Appraisal Report, 45649 2012-18815 Manufactured Home Construction and Safety Standards Program, 45648 2012-18811 Indian Affairs Indian Affairs Bureau NOTICES Indian Child Welfare Act: Designated Tribal Agents for Service of Notice, 45816-45868 2012-18594 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau NOTICES Meetings:

Interior Fire Program Assessment 2012; Tribal Consultations, 45650-45651 2012-18723 Internal Revenue Internal Revenue Service RULES Deductions for Entertainment Use of Business Aircraft, 45480-45487 2012-18693 PROPOSED RULES Reimbursed Entertainment Expenses, 45520-45523 2012-18691 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Hot-Rolled Carbon Steel Flat Products from the People's Republic of China, 45576-45580 2012-18831 Antidumping or Countervailing Duty Orders;

Results, Extensions, Amendments, etc.: Opportunity to Request Administrative Review, 45580-45582 2012-18826 Sunset Reviews, 45582 2012-18818 Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Pasta from Italy, 45582-45587 2012-18684 Initiations of Antidumping Duty New Shipper Reviews: Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 45587-45589 2012-18889 2012-18890 Initiations of Five-Year (Sunset) Reviews and Correction, 45589-45590 2012-18820 International Trade Com International Trade Commission NOTICES Antidumping Duty Orders;

Investigations, Results, Extensions, Amendments, etc.: Stainless Steel Bar from Brazil, India, Japan, and Spain, 45653 2012-18697 Five-Year Reviews: Lemon Juice from Argentina and Mexico, 45653-45656 2012-18441 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration Labor Department Labor Department See Employee Benefits Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 1,2-Dibromo-3-Chloropropane Standard, 45689-45690 2012-18817 Land Land Management Bureau NOTICES Filings of Plats:

Colorado, 2012-18720 45651 2012-18721 Management Management and Budget Office NOTICES OMB Circular A-133 Compliance Supplement; Availability: Audits of States, Local Governments, and Non-Profit Organizations, 45695-45696 2012-18808 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Authorized Negotiators, 45613 2012-18696 Federal Acquisition Regulation; Freight Classification Description, 45611-45612 2012-18694 Federal Acquisition Regulation;

Notice of Radioactive Materials, 45612-45613 2012-18725 Federal Acquisition Regulation; Professional Employee Compensation Plan, 45612 2012-18695 Intents to Grant Exclusive Licenses, 45696 2012-18715 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hollings Manufacturing Extension Partnership Program Application Requirements, 45590-45591 2012-18706 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 45643 2012-18689 National Heart, Lung, and Blood Advisory Council, 45644 2012-18781 National Institute of Allergy and Infectious Diseases, 45644 2012-18791 National Institute of Biomedical Imaging and Bioengineering, 45644-45645 2012-18788 National Institute of Neurological Disorders and Stroke, 45644 2012-18792 National Institute of Nursing Research, 45645 2012-18783 National Labor National Labor Relations Board NOTICES Authority and Assigned Responsibilities of the General Counsel;

Amendments to Memorandum, 45696-45697 2012-18807 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States: Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program, 45508-45512 2012-18780 PROPOSED RULES Endangered and Threatened Wildlife: 90-day Finding on Petition to Delist Green Turtle in Hawaii and Notice of Status Review, 45571-45574 2012-18768 NOTICES Meetings: Pacific Fishery Management Council, 45591 2012-18782 Permits:

Marine Mammals; File No. 17157, 45592 2012-18770 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45697-45698 2012-18778 2012-18779 Meetings: Advisory Committee on Reactor Safeguards on Economic Simplified Boiling Water Reactors, 45699-45700 2012-18759 Advisory Committee on Reactor Safeguards on Fukushima, 45699-45700 2012-18757 2012-18763 Advisory Committee on Reactor Safeguards on Reliability and PRA, 45698-45699 2012-18766 Office of Management and Budget See Management and Budget Office Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Korean War Veterans Armistice Day (Proc. 8844), 45477-45478 2012-18869 EXECUTIVE ORDERS African Americans, White House Initiative on Educational Excellence for; Establishment (EO 13621), 45471-45476 2012-18868 ADMINISTRATIVE ORDERS Liberia, Former Regime of Charles Taylor; Continuation of National Emergency (Notice of July 17, 2012) Correction, 45469 C1--2012--17703 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: San Joaquin River Restoration Program, California, 45652 2012-18722 Meetings:

Yakima River Basin Conservation Advisory Group; Yakima River Basin Water Enhancement Project, 45653 2012-18743 Securities Securities and Exchange Commission RULES Consolidated Audit Trail, 45722-45814 2012-17918 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX BX, Inc., 45705-45706 2012-18754 NASDAQ OMX PHLX LLC, 45704-45705 2012-18753 NASDAQ Stock Market LLC, 45700-45702, 45706-45715 2012-18704 2012-18790 Options Clearing Corp., 45702-45703 2012-18703 Substance Substance Abuse and Mental Health Services Administration NOTICES Current List of Laboratories and Instrumented Initial Testing Facilities which Meet Minimum Standards, etc., 45645-45647 2012-18707 Meetings:

Center for Substance Abuse Prevention, 45647 2012-18708 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration NOTICES Commuter Authority Applications: Key Lime Air Corp., 45715 2012-18741 Treasury Treasury Department See Internal Revenue Service RULES Extension of Import Restrictions: Archaeological Objects and Ecclesiastical And Ritual Ethnological Materials from Cyprus, 45479-45480 2012-18670 Customs U.S.

Customs and Border Protection RULES Extension of Import Restrictions: Archaeological Objects and Ecclesiastical And Ritual Ethnological Materials from Cyprus, 45479-45480 2012-18670 NOTICES Cancellation of Customs Broker Licenses, 45647-45648 2012-18739 Cancellation of Customs Broker Licenses Due to Death of the License Holder, 45648 2012-18740 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Voluntary Service, 45718 2012-18730 Food Service and Nutritional Care Analysis, 45717-45718 2012-18729 Foreign Medical Program, 45716-45717 2012-18727 Former Prisoner of War Medical History, 45717 2012-18728 Independent Living Assessment, 45718-45719 2012-18731 Per Diem for Nursing Home Care of Veterans and Adult Day Care of Veterans in State Homes, 45719-45720 2012-18732 Separate Parts In This Issue Part II Securities and Exchange Commission, 45722-45814 2012-17918 Part III Interior Department, Indian Affairs Bureau, 45816-45868 2012-18594 Part IV Interior Department, Fish and Wildlife Service, 45870-45893 2012-18211 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. 77 148 Wednesday, August 1, 2012 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 12-13] RIN 1515-AD90 Extension of Import Restrictions on Archaeological Objects and Ecclesiastical and Ritual Ethnological Materials From Cyprus;

Correction AGENCY: U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule; correction; correcting amendment. SUMMARY: On July 13, 2012, U.S. Customs and Border Protection

(CBP)published in the **Federal Register** a final rule reflecting an extension of import restrictions on certain archaeological and ethnological materials from Cyprus and announcing that the Designated List of materials covered by the restrictions has been revised. The Designated List and the regulatory text in that document contain language which is inadvertently not consistent with the rest of the document as to the historical period that the import restrictions cover for ecclesiastical and ritual ethnological materials from Cyprus. This document corrects the inconsistent language to clarify that ecclesiastical and ritual ethnological materials from Cyprus representing the Byzantine and Post Byzantine periods, dating from approximately the 4th century A.D. to 1850 A.D., are subject to the import restrictions. DATES: *Effective Date:* The corrections set forth in this document are effective on August 1, 2012. FOR FURTHER INFORMATION CONTACT: Bill Conrad, Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade,

(202)325-0268. SUPPLEMENTARY INFORMATION: Background On July 13, 2012, CBP published in the **Federal Register** (77 FR 41266), as CBP Decision Number 12-13, a final rule reflecting an extension of import restrictions on certain archaeological and ethnological materials from Cyprus and announcing that the Designated List of materials covered by the restrictions (also published with CBP Dec. 12-13) has been revised to reflect that the ethnological articles previously covered under the list through the Byzantine period (through approximately the 15th century A.D.) are also covered if dating through the Post-Byzantine period (to 1850 A.D.). The Designated List contains a list of certain archaeological materials and a list of certain ethnological materials. The revisions were limited to the list of ethnological materials. The rule also announced an amendment to the list of ethnological materials to clarify that certain mosaics of stone and wall paintings (referred to as “wall hangings” in CBP Dec. 12-13) include those depicting images of Saints along with those depicting images of Christ, Archangels, and the Apostles. The restrictions were extended for a five-year period (through July 16, 2017) pursuant to determinations of the State Department under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. In CBP Dec. 12-13, the title of the Designated List was erroneously abbreviated where the Department of State Web site is listed. This document corrects the omission and clarifies that the covered ecclesiastical and ritual ethnological materials are those dating to the Byzantine and Post-Byzantine periods. In the list of ethnological materials, CBP inadvertently retained references to the Byzantine period. As the list was revised to cover listed ethnological materials if dating to the Post-Byzantine period as well, references to the Byzantine period in the list are inconsistent and misleading. This document corrects the oversight and removes all references to the Byzantine period in the list. In addition, this document corrects the language in Amendatory Instruction number 2 of CBP Dec. 12-13 which imprecisely set forth in the amended regulation the end point of the time period applicable to the ethnological materials covered by the restrictions. This correction remedies an inconsistency with the time period which was correctly reflected in the heading of the list of ethnological materials found on page 41269 of the published document (in the first column). Correction of Publication Accordingly, the publication on July 13, 2012 of the final regulation (CBP Dec. 12-13), which was the subject of FR Doc. 2012-16989, is corrected as follows: *Preamble:* 1. In the first column on page 41267, in the last paragraph that extends into the second column, first sentence, remove the words “and Ecclesiastical and Ritual Ethnological Materials” and add in their place the words “and Byzantine and Post-Byzantine Period Ecclesiastical and Ritual Ethnological Materials”; 2. In the first column on page 41269: a. Under the heading “B. Lead,” remove the words “date to the Byzantine period and”, and b. Under the heading “II. Wood,” in the first sentence, remove the words “during the Byzantine period”; 3. In the second column on page 41269: a. Under the heading “V. Textiles—Ritual Garments,” in the first sentence, remove the words “from the Byzantine period”, b. Under the heading “A. Wall Mosaics,” in the first sentence, remove the words “Dating to the Byzantine period, wall mosaics” and add in their place the words “Wall mosaics”, and c. Under the heading “VII. Frescoes/Wall Paintings,” in the first sentence, remove the words “the Byzantine period”. *Correcting amendment:* § 12.104g(a) [Amended] 4. In § 12.104g(a), the table of the list of agreements imposing import restrictions on described articles of cultural property of State Parties is amended in the entry for Cyprus by, in the column headed “Cultural Property,” removing the entry and adding in its place the following entry: “Archaeological material of pre-Classical and Classical periods ranging approximately from the 8th millennium B.C. to 330 A.D. and ecclesiastical and ritual ethnological material representing the Byzantine and Post-Byzantine periods ranging from approximately the 4th century A.D. to 1850 A.D.” Dated: July 26, 2012. Harold M. Singer, Director, Regulations and Disclosure Law Division, U.S. Customs and Border Protection. Heidi Cohen, Senior Counsel for Regulatory Affairs, Office of the Assistant General Counsel for General Law, Ethics & Regulation, Department of the Treasury. [FR Doc. 2012-18670 Filed 7-31-12; 8:45 am]

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