Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-10-04.xml --- 77 193 Thursday, October 4, 2012 Contents Agriculture Agriculture Department See National Agricultural Statistics Service Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Legacy Data Verification Process, 60714-60715 2012-24470 Oil-Spill Response Requirements for Facilities Located Seaward of Coast Line, 60715-60717 2012-24471 Centers Disease Centers for Disease Control and Prevention NOTICES Charter Renewals:

Breast and Cervical Cancer Early Detection and Control Advisory Committee, 60703 2012-24503 Centers Medicare Centers for Medicare & Medicaid Services RULES Administrative Simplification: Adoption of a Standard for a Unique Health Plan Identifier; Addition to the National Provider Identifier Requirements; and a Change to the Compliance Date for the International Classification of Diseases, 10th Edition Medical Data Code Sets; Corrections, 60629-60630 2012-24329 NOTICES Medicare and Medicaid Programs;

Applications: Hospital Requesting Waiver for Organ Procurement Service Area, 60703-60704 2012-24496 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 See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60672 2012-24413 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Children's Sleepwear, 60684-60685 2012-24491 Electrically Operated Toys and Children's Articles, 60685-60686 2012-24489 Omnidirectional Citizens Band Base Station Antennas, 60682-60683 2012-24486 Safety Standard for Automatic Residential Garage Door Operators, 60686-60687 2012-24487 Safety Standard for Walk-Behind Power Lawn Mowers, 60683-60684 2012-24490 Defense Department Defense Department See Navy Department Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board; Savannah River Site, 60688 2012-24483 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Decisions and Orders Granting Waivers: Sanyo; Residential Refrigerator and Refrigerator-Freezer Test Procedures; Correction, 60688-60689 2012-24488 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Virginia; 2002 Base Year Emissions Inventory for Washington DC-MD-VA Nonattainment Area, etc., 60626-60627 2012-24382 Approvals and Promulgations of State Implementation Plans:

Oregon, 60627-60629 2012-24376 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Indiana Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets; South Bend-Elkhart, IN, 60661-60666 2012-24512 EPAAR Clause for Printing, 60667-60670 2012-23991 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, 60689-60690 2012-24480 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus Airplanes, 60653-60660 2012-24404 2012-24405 2012-24472 BAE SYSTEMS (OPERATIONS) LIMITED Airplanes, 60651-60653 2012-24473 Establishments of Class E Airspace: Kasigluk, AK, 60660-60661 2012-23879 Federal Communications Federal Communications Commission RULES Structure and Practices of the Video Relay Service Program, 60630-60631 2012-24546 PROPOSED RULES Procedures for Assessment and Collection of Regulatory Fees, 60666-60667 2012-24514 NOTICES Auctions of FM Broadcast Construction Permits;

Comments Sought on Competitive Bidding Procedures: March 26, 2013; Auction 94, 60690-60695 2012-24544 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registration of Mortgage Loan Originators; Withdrawal, 60695 2012-24502 Federal Energy Federal Energy Regulatory Commission NOTICES Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities, 60689 2012-24437 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60695-60702 2012-24482 Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 60702 2012-24515 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 60702-60703 2012-24516 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Determination of Endangered Species Status; Coqui Llanero Throughout its Range and Designation of Critical Habitat, 60778-60802 2012-23999 PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Endangered Species Status for Fluted Kidneyshell and Slabside Pearlymussel and Designation of Critical Habitat, 60804-60882 2012-24019 Proposed Endangered Species Status for Florida Bonneted Bat, 60750-60776 2012-24300 Food and Drug Food and Drug Administration RULES New Animal Drugs: Change of Sponsor's Address; Monensin; Spinosad; Tilmicosin, 60622-60624 2012-24475 NOTICES Safety and Effectiveness Summaries for Premarket Approval Applications; Availability: Medical Devices, 60704-60705 2012-24479 Foreign Trade Foreign-Trade Zones Board NOTICES Approvals for Manufacturing Authority:

Foreign-Trade Zone 99, Fisker Automotive, Inc. (Electric Passenger Vehicles), Wilmington, DE, 60672 2012-24542 Grants of Authority for Subzone Status: Tesla Motors, Inc. (Electric Passenger Vehicles), Palo Alto and Fremont, CA, 60672-60673 2012-24543 Geological Geological Survey NOTICES Establishment of Advisory Committee on Climate Change and Natural Resource, 60717-60718 2012-24478 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Community Development Block Grant Disaster Recovery Grants; Waivers, Additional Requirements: Union, NY, 60708-60711 2012-24426 Meetings: Manufactured Housing Consensus Committee, 60711-60712 2012-24424 Requests for Information: Adopting Smoke-Free Policies in PHAs and Multifamily Housing, 60712-60714 2012-24430 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Indian Gaming Commission Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60742-60744 2012-24448 2012-24450 2012-24451 2012-24453 Meetings: Advisory Committee to Internal Revenue Service, 60745 2012-24452 International Trade Adm International Trade Administration NOTICES Antidumping Duty Investigations; Results, Extensions, Amendments, etc.: Drawn Stainless Steel Sinks from People's Republic of China, 60673-60675 2012-24549 Antidumping Duty New Shipper Reviews; Results, Extensions, Amendments, etc.: Certain Frozen Fish Fillets from Socialist Republic of Vietnam, 60675-60676 2012-24547 Applications for Duty-Free Entries of Electron Microscopes:

Stony Brook University, et al., 60676 2012-24545 International Trade Com International Trade Commission NOTICES Investigations: Certain Coenzyme Q10 Products and Methods of Making Same, 60722-60723 2012-24498 Certain Devices for Mobile Data Communication, 60721-60722 2012-24499 Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers, 60720-60721 2012-24497 Certain Polyester Staple Fiber from China, 60720 2012-24495 Certain Semiconductor Integrated Circuit Devices and Products Containing Same, 60721 2012-24500 Meetings;

Sunshine Act, 60723 2012-24583 Justice Department Justice Department NOTICES Lodging of Proposed Consent Decrees, 60724 2012-24432 Lodgings of Proposed Consent Decrees under CERCLA, 60723-60724 2012-24463 Lodgings of Proposed Consent Decrees under the Clean Air Act, 60723 2012-24511 Labor Department Labor Department See Labor Statistics Bureau Labor Statistics Labor Statistics Bureau NOTICES Meetings: Bureau of Labor Statistics Technical Advisory Committee, 60724-60725 2012-24492 Land Land Management Bureau NOTICES Environmental Assessments;

Availability, etc.: California Desert Conservation Area Plan, San Bernardino County, CA; Amendment, 60718-60719 2012-24522 Filings of Plats of Surveys: Wyoming, 60719 2012-24506 Meetings: Farmington District Resource Advisory Council Meeting, New Mexico, 60719-60720 2012-24484 NASA National Aeronautics and Space Administration RULES Update of Existing Privacy Act - NASA Regulations, 60620-60622 2012-23645 Use of the Centennial of Flight Commission Name, 60619-60620 2012-23649 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60671 2012-24494 National Indian National Indian Gaming Commission RULES Minimum Internal Control Standards for Class II Gaming, 60625-60626 2012-24462 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Usage of Elevators for Occupant Evacuation Questionnaire, 60676-60677 2012-24474 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 60706-60707 2012-24419 National Heart, Lung, and Blood Institute, 60705 2012-24417 National Human Genome Research Institute, 60706 2012-24418 National Toxicology Program Board of Scientific Counselors, 60707-60708 2012-24420 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Silky Shark Management Measures, 60632-60637 2012-24429 Fisheries of the Exclusive Economic Zone Off Alaska: Pollock in Herring Savings Areas of Bering Sea and Aleutian Islands Management Area, 60649-60650 2012-24517 Inseason Orders:

Fraser River Sockeye Salmon Fisheries, 60631-60632 2012-24541 Western Pacific Pelagic Fisheries: Revised Limits on Sea Turtle Interactions in Hawaii Shallow-set Longline Fishery, 60637-60649 2012-24536 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Antarctic Marine Living Resources Conservation and Management Measures, 60677-60678 2012-24414 Takes of Marine Mammals Incidental to Specified Activities: U.S. Navy Training and Testing Activities in Atlantic Fleet Training and Testing Study Area, 60679-60680 2012-24538 U.S.

Navy Training and Testing Activities in Hawaii—Southern California Training and Testing Study Area, 60678-60679 2012-24539 National Telecommunications National Telecommunications and Information Administration NOTICES Development of Nationwide Interoperable Public Safety Broadband Network, 60680-60681 2012-24469 Navy Navy Department NOTICES Records of Decisions: U.S. Marine Corps Basewide Water Infrastructure Project, Marine Corps Base Camp Pendleton, CA, 60687-60688 2012-24481 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 2012-24427 60725-60730 2012-24431 2012-24436 2012-24438 2012-24440 2012-24441 Postal Service Postal Service NOTICES Product Changes:

Express Mail and Priority Mail Negotiated Service Agreement, 60730 2012-24428 First-Class Package Service Negotiated Service Agreement, 60730-60731 2012-24439 2012-24442 2012-24447 2012-24456 2012-24461 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Child Health Day (Proc. 8880), 60617-60618 2012-24709 National Arts and Humanities Month (Proc. 8873), 60603-60604 2012-24652 National Breast Cancer Awareness Month (Proc. 8874), 60605-60606 2012-24658 National Cybersecurity Awareness Month (Proc. 8875), 60607-60608 2012-24668 National Disability Employment Awareness Month (Proc. 8876), 60609-60610 2012-24678 National Domestic Violence Awareness Month (Proc. 8877), 60611-60612 2012-24682 National Energy Action Month (Proc. 8878), 60613-60614 2012-24699 National Substance Abuse Prevention Month (Proc. 8879), 60615-60616 2012-24703 Securities Securities and Exchange Commission NOTICES Applications for Deregistration, 60731-60732 2012-24459 Applications:

PACE Select Advisors Trust and UBS Global Asset Management (Americas) Inc., 60732-60735 2012-24458 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 60738-60741 2012-24493 NYSE Arca, Inc., 60735-60738 2012-24457 State Department State Department NOTICES Convening of Accountability Review Board to Examine Circumstances Surrounding Deaths of Personnel Assigned in Support of U.S. Government Mission, 60741 2012-24504 Designation as Foreign Terrorist Organizations:

Mujahadin-e Khalq, also anown as MEK, Mujahadin-e Khalq Organization, et al., 60741 2012-24505 Specially Designated Global Terrorists: Mujahadin-e Khalq, also known as MEK, Mujahadin-e Khalq Organization, etc., 60741 2012-24507 Statistical Reporting Service See National Agricultural Statistics Service Surface Transportation Surface Transportation Board NOTICES Temporary Trackage Rights Exemptions: BNSF Railway Co.; Union Pacific Railroad Co., 60742 2012-24519 Tennessee Tennessee Valley Authority NOTICES Meetings:

Regional Resource Stewardship Council, 60741-60742 2012-24485 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Adjust Status from Temporary to Permanent Resident, 60708 2012-24518 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Benefits for Certain Children with Disabilities Born of Vietnam and Certain Korea Service Veterans, 60745-60746 2012-24443 Award Attachment for Certain Children with Disabilities Born of Vietnam and Certain Korea Service Veterans, 60746 2012-24444 Claim for Repurchase of Loan, 60747 2012-24446 VA/DOD Joint Disability Evaluation Board Claim, 60746-60747 2012-24445 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 60750-60776 2012-24300 Part III Interior Department, Fish and Wildlife Service, 60778-60802 2012-23999 Part IV Interior Department, Fish and Wildlife Service, 60804-60882 2012-24019 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. 77 193 Thursday, October 4, 2012 Rules and Regulations NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Part 1204 [Docket No. NASA-2012-0004] RIN 2700-AD78 Removal of Obsolete Regulation: Use of the Centennial of Flight Commission Name AGENCY:

National Aeronautics and Space Administration. ACTION: Direct final rule. SUMMARY: This direct final rule makes nonsubstantive changes by removing a regulation that is obsolete and no longer used. The revision to this rule are part of NASA's retrospective plan under Executive Order

(EO)13563 completed in August 2011. NASA's full plan can be accessed on the Agency's open government Web site at *http://www.nasa.gov/open/* . DATES: This direct final rule is effective on December 3, 2012. Comments due on or before November 5, 2012. If adverse comments are received, NASA will publish a timely withdrawal of the rule in the **Federal Register** . ADDRESSES: Comments must be identified with RIN 2700-AD78 and may be sent to NASA via the *Federal E-Rulemaking Portal: http://www.regulations.gov* . Follow the online instructions for submitting comments. Please note that NASA will post all comments on the Internet with changes, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Nanette Jennings, 202-358-0819. SUPPLEMENTARY INFORMATION: Direct Final Rule Adverse Comments NASA has determined this rulemaking meets the criteria for a direct final rule because it involves nonsubstantive changes to remove sections from the Code of Federal Regulations that are obsolete and no longer used. No opposition to the changes and no significant adverse comments are expected. However, if the Agency receives a significant adverse comment, it will withdraw this direct final rule by publishing a notice in the **Federal Register** . A significant adverse comment is one that explains:

(1)Why the direct final rule is inappropriate, including challenges to the rule's underlying premise or approach; or

(2)why the direct final rule will be ineffective or unacceptable without a change. In determining whether a comment necessitates withdrawal of this direct final rule, NASA will consider whether it warrants a substantive response in a notice and comment process. Background On January 18, 2011, President Obama signed EO 13563, Improving Regulations and Regulatory Review, directing agencies to develop a plan for a retrospective analysis of existing regulations. NASA developed its plan and published it on the Agency's open Government Web site at *http://www.nasa.gov/open/* . The Agency conducted an analysis of its existing regulations to comply with the Order and determined that section 1204. 506 entitled “Delegation of Authority to License the Use of the Centennial of Flight Commission Name.” Section 506, Delegation of Authority to License the Use of the Centennial of Flight Commission Name—The Centennial of Flight Commemoration Act of 1999 (the Act), Public Law 105-389, as amended by Public Law 106-68, was issued to establish the U.S. Centennial Flight Commission to assist in commemoration of the centennial of powered flight and the achievements of the Wright brothers' first powered flight at Kill Devil Hills, North Carolina, and to serve as a national and international source for activities commemorating this historic event. The Wright brothers, Orville and Wilbur, were two Americans credited with inventing and building the world's first successful airplane and making the first controlled, powered and sustained heavier-than-air human flight on December 17, 1903. Therefore, to plan for these commemorative activities, the Act authorized the NASA Administrator use of the Centennial of Flight Commission's name on any logo, emblem, seal, or descriptive or designating mark, after consultation with the Commission, in connection with the commemoration of the centennial of powered flight. Section 506 was promulgated to delegate the authority of the NASA Administrator to the Assistant Administrator for Public Affairs, without authority for further delegation. With this authority, NASA used the Centennial of Flight Commission's name on its exhibits, educational, historical and experimental programs and materials to support a year-long commemoration that started in December 2002. NASA's recognition of the Centennial ended December 17, 2003. Therefore, this section is no longer needed. Statutory Authority The National Aeronautics and Space Act (the Space Act), 51 U.S.C. 20113 (a), authorizes the Administrator of NASA to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exercise of the powers vested in it by law. Regulatory Analysis Executive Order 12866, Regulatory Planning and Review and Executive Order 13563, Improvement Regulation and Regulation Review Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). EO 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated as “not significant” under section 3(f) of EO 12866. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires an agency to prepare an initial regulatory flexibility analysis to be published at the time the proposed rule is published. This requirement does not apply if the agency “certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities” (5 U.S.C. 603). This rule removes one section from Title 14 of the CFR and, therefore, does not have a significant economic impact on a substantial number of small entities. Review Under the Paperwork Reduction Act This direct final rule does not contain any information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Review Under EO 13132 EO 13132, “Federalism,” 64 FR 43255 (August 4, 1999) requires regulations be reviewed for Federalism effects on the institutional interest of states and local governments, and if the effects are sufficiently substantial, preparation of the Federal assessment is required to assist senior policy makers. The amendments will not have any substantial direct effects on state and local governments within the meaning of the EO. Therefore, no Federalism assessment is required. List of Subjects in 14 CFR Part 1204 Authority delegations. Accordingly, under the authority of the National Aeronautics and Space Act, as amended, NASA amends 14 CFR part 1204 as follows: PART 1204—ADMINISTRATIVE AUTHORITY AND POLICY 1. The authority citation for part 1204 subpart 500 is revised to read as follows: Authority: 51 U.S.C. 20113. § 1204.506 [Removed and Reserved] 2. Remove and reserve § 1204.506. Charles F. Bolden, Jr., Administrator. [FR Doc. 2012-23649 Filed 10-3-12; 8:45 am]

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