Unknown. Temporary final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-08-16.xml --- 77 159 Thursday, August 16, 2012 Contents Agricultural Research Agricultural Research Service NOTICES Intents to Grant Exclusive Licenses, 49409 2012-20126 Agriculture Agriculture Department See Agricultural Research Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Environmental Assessments; Availability: Oral Rabies Vaccine Trial, 49409-49410 2012-20174 Coast Guard Coast Guard RULES Safety Zones:

Chicago Air and Water Show, Lake Michigan, Chicago, IL, 49349-49351 2012-20094 Port Huron Float-Down, St. Clair River, Port Huron, MI, 49351-49353 2012-20097 PROPOSED RULES Safety Zones: Revolution 3 Triathlon, Lake Erie, Sandusky Bay, Cedar Point, OH, 49401-49404 2012-20092 Commerce Commerce Department See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49411 2012-20100 2012-20101 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Further Definition of Swap, Security-Based Swap, and Security-Based Swap Agreement, etc., 49428-49430 2012-20123 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49485-49488 2012-20083 Defense Department Defense Department NOTICES Arms Sales, 49430-49438 2012-20157 2012-20161 2012-20163 2012-20168 Establishment of Department of Defense Federal Advisory Committee, 49438-49439 2012-20154 Meetings:

Defense Acquisition University Board of Visitors, 49439 2012-20155 National Security Education Board, 49439-49440 2012-20152 Strategic Environmental Research and Development Program, Scientific Advisory Board, 49439 2012-20150 Performance Review Board; Membership, 49440 2012-20153 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Secretary's Recognition of Accrediting Agencies, 49440-49441 2012-20151 Applications for New Awards: Race to the Top - District, 49654-49677 2012-20037 Meetings: Equity and Excellence Commission, 49441 2012-20156 Employment and Training Employment and Training Administration NOTICES Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 49459-49462 2012-20113 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office NOTICES Charter Renewals:

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Proposals, Submissions, and Approvals, 49444-49445 2012-20137 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 49360-49384 2012-20134 2012-20135 2012-20136 2012-20146 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary Licenses; Applicants, 49445-49446 2012-20080 Ocean Transportation Intermediary Licenses; Reissuances, 49446 2012-20079 Ocean Transportation Intermediary Licenses; Revocations, 49446 2012-20081 Federal Motor Federal Motor Carrier Safety Administration RULES Timeliness of New Entrant Corrective Action Submissions;

Policy, 49384-49385 2012-20233 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Endangered Status for Six West Texas Aquatic Invertebrate Species and Designation of Critical Habitat, 49602-49651 2012-19829 Migratory Bird Hunting: Hunting on Certain Federal Indian Reservations and Ceded Lands for 2012-13 Season, 49680-49696 2012-20072 NOTICES Endangered Species Permit Applications, 49453-49455 2012-20176 Food and Drug Food and Drug Administration NOTICES Meetings:

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Amendments, 49425-49426 2012-20130 Inquiry Regarding Adjustment of Fees for Trademark Applications, 49426-49427 2012-20127 Meetings: First Inventor to File Provisions of the Leahy-Smith America Invents Act, 49427-49428 2012-20239 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Actions on Special Permit Applications, 49483-49484 2012-19832 Delays in Processing of Special Permit Applications, 49484-49485 2012-19830 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 49473-49474 2012-20070 2012-20071 Postal Service Postal Service NOTICES Product Changes:

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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. 77 159 Thursday, August 16, 2012 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2012-0773] RIN 1625-AA00 Safety Zone; Chicago Air and Water Show, Lake Michigan, Chicago, IL AGENCY:

Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary deviation to the Chicago Air and Water Show safety zone on Lake Michigan near Lincoln Park. This action is necessary to accurately reflect the enforcement dates and times for this safety zone due to changes made in this year's air show. This safety zone is intended to restrict vessels from a portion of Lake Michigan during the Chicago Air and Water Show. This safety zone is necessary to protect spectators and vessels from the hazards associated with an air show over water.

DATES: This rule will be effective from August 16, 2012, until August 20, 2012. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2012-0773]. To view documents mentioned in this preamble as being available in the docket, go to *http://www.regulations.gov,* type the docket number in the “SEARCH” box, and click “Search.” You may visit the Docket Management Facility, Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or email MST1 Joseph McCollum, U.S. Coast Guard Sector Lake Michigan; telephone 414-747-7148, email *Joseph.P.McCollum@uscg.mil.* If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR **Federal Register** NPRM Notice of Proposed Rulemaking A.

Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act

(APA)(5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking

(NPRM)with respect to this rule because doing so would be impracticable and contrary to the public interest. The final details for this year's event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard's ability to protect spectators and vessels from the hazards associated with an air show, which are discussed further below. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable and contrary to the public interest. B. Basis and Purpose Between 9:00 a.m. until 6:00 p.m. on the third Thursday, Friday, Saturday, and Sunday of August 2012, an air show will be held over Lake Michigan in Chicago, IL. The Captain of the Port, Sector Lake Michigan, has determined that an air show with associated acrobatic maneuvers proximate to a gathering of watercraft and personnel pose a significant risk to public safety and property. Such hazards include aircraft malfunctions and subsequent crash and falling or burning debris. This temporary rule makes a temporary deviation to the Chicago Air and Water Show safety zone, which is established at 33 CFR 165.929 (64). C. Discussion of Rule Changes have been made to the times and dates previously codified for this event; these changes were necessary to provide the public with the most up to date information as received from the sponsoring organization. With the aforementioned hazards in mind, the Captain of the Port, Sector Lake Michigan, has determined that this temporary deviation to the times and dates of this safety zone is necessary to ensure the safety of spectators and vessels during the air show. This zone will be enforced from 9 a.m. until 6 p.m. on the third Thursday, Friday, Saturday, and Sunday of August 2012. The safety zone will encompass all waters and adjacent shoreline of Lake Michigan and Chicago Harbor bounded by a line drawn from 41°55′54″ N at the shoreline, then east to 41°55′54″ N, 087°37′12″ W, then southeast to 41°54′00″ N, 087°36′00″ W (NAD 83), then southwestward to the northeast corner of the Jardine Water Filtration Plant, then due west to the shore. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan, or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for a relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the safety zone has been designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit or anchor in a portion of Lake Michigan, Chicago, IL on the third Thursday, Friday, Saturday, and Sunday of August 2012. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This safety zone would be activated, and thus subject to enforcement, for only nine hours on these days. Traffic may be allowed to pass through the zone with the permission of the Captain of the Port. The Captain of the Port can be reached via VHF channel 16. Before the activation of the zone, we would issue local Broadcast Notice to Mariners. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone and, therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES . We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for Part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T09-0773 to read as follows: § 165.T09-0773 Safety Zone; Chicago Air and Water Show, Lake Michigan, Chicago, IL.

(a)*Location.* The safety zone will encompass all waters and adjacent shoreline of Lake Michigan and Chicago Harbor bounded by a line drawn from 41°55′54″ N at the shoreline, then east to 41°55′54″ N, 087°37′12″ W, then southeast to 41°54′00″ N, 087°36′00″ W (NAD 83), then southwestward to the northeast corner of the Jardine Water Filtration Plant, then due west to the shore.

(b)*Enforcement period.* This regulation is effective and will be enforced on the third Thursday, Friday, Saturday, and Sunday of August 2012 from 9:00 a.m. until 6:00 p.m.

(c)*Regulations.*

(1)In accordance with the general regulations in section 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan or his designated on-scene representative.

(2)This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port, Sector Lake Michigan or his designated on-scene representative.

(3)The “on-scene representative” of the Captain of the Port, Sector Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, Sector Lake Michigan to act on his behalf.

(4)Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port, Sector Lake Michigan or his on-scene representative to obtain permission to do so. The Captain of the Port, Sector Lake Michigan or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port, Sector Lake Michigan, or his on-scene representative. Dated: August 7, 2012. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan. [FR Doc. 2012-20094 Filed 8-15-12; 8:45 am]

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