Unknown. Final rule

2,952 words·~13 min read·/register/2013/04/30/2013-10114

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-04-30.xml --- 78 83 Tuesday, April 30, 2013 Contents Agricultural Marketing Agricultural Marketing Service RULES Bona Fide Cotton Spot Markets; Definition, 25181-25182 2013-10114 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Office of Advocacy and Outreach See Rural Utilities Service Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 25277-25279 2013-10130 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Initial Review, 25279 2013-10064 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 Comptroller Comptroller of the Currency NOTICES Deposit Advance Products: Withdrawal of Proposed Guidance on Deposit-Related Consumer Credit Products, 25353-25358 2013-10094 Consumer Product Consumer Product Safety Commission NOTICES Exception from Lead Content Limits;

Petitions: BIC USA Inc., 25256-25257 2013-10093 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25258 2013-10107 Defense Department Defense Department NOTICES Environmental Assessments; Availability, etc.: Sharpe Permit Relinquishment Project, 25258-25259 2013-10123 Intent to Grant Exclusive Licenses: Integrata Security, LLC, 25259 2013-10061 Education Department Education Department PROPOSED RULES Negotiated Rulemaking Committee Public Hearing;

Correction, 25235-25236 2013-10104 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Study of Implementation and Outcomes in Upward Bound and Other TRIO Programs, 25259-25260 2013-09923 Employment and Training Employment and Training Administration NOTICES Eligibility for Worker Adjustment Assistance; Amended Certifications: Siemens Medical Solutions, USA, Inc., et al., Concord, CA, 25304-25305 2013-10109 Eligibility for Worker Adjustment Assistance;

Determinations, 25305-25307 2013-10111 Eligibility for Worker Adjustment Assistance; Investigations, 25307-25308 2013-10110 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration Environmental Protection Environmental Protection Agency RULES Delegation of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants: Arizona, California, and Nevada, 25185-25204 2013-10180 PROPOSED RULES Delegation of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants:

Arizona, California, and Nevada, 25242-25243 2013-10176 Implementation Plans; Approvals and Promulgations: New York; Infrastructure SIP for 1997 8-Hour Ozone and 1997 and 2006 Fine Particulate Matter Standards, 25236-25242 2013-10168 NOTICES Meetings: Ozone Transport Commission, 25265-25266 2013-10187 Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, AK, 25266-25267 2013-10157 Requests for Information: Hydraulic Fracturing Research Related to Drinking Water Resources, 25267-25268 2013-10154 Executive Office of the President See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration PROPOSED RULES Class E Airspace;

Amendments: Fort Polk, LA, 25228-25229 2013-10169 Harlingen, TX, 25226-25227 2013-10164 Live Oak, FL, 25227-25228 2013-10190 Class E Airspace; Establishment: Colt, AR, 25231-25232 2013-10174 Mahnomen, MN, 25233-25234 2013-10182 Parkston, SD, 25232-25233 2013-10186 Stockton, KS, 25229-25231 2013-10161 Walker, MN, 25234-25235 2013-10178 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Operations Specifications, 25337-25338 2013-10155 Membership in the National Parks Overflights Advisory Group Aviation Rulemaking Committee, 25338-25339 2013-10158 Federal Deposit Federal Deposit Insurance Corporation NOTICES Proposed Guidance on Deposit Advance Products, 25268-25273 2013-10101 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 25288-25289 2013-10129 Meetings: Board of Visitors for the National Fire Academy, 25289-25290 2013-10131 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 25260-25262 2013-10089 2013-10090 2013-10091 Environmental Assessments; Availability, etc.: Duke Energy Carolinas, LLC, 25262 2013-10133 Filings: TexStar Transmission, LP, TEAK Texana Transmission Co., LP, 25262 2013-10132 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Mega Energy Holdings, LLC, 25262-25263 2013-10135 Meetings: Eagle Mountain Pumped Storage Hydroelectric Project, 25263 2013-10136 Preliminary Permit Applications: Hydrodynamics, Inc., 25263-25264 2013-10166 Requests under Blanket Authorizations: Southern Star Central Gas Pipeline, Inc., 25264 2013-10134 Federal Highway Federal Highway Administration NOTICES Funding Availability: Tribal Transportation Program Safety Funds, 25339-25343 2013-10100 Federal Railroad Federal Railroad Administration NOTICES Applications:

Approval of Discontinuance or Modification of Railroad Signal System, 25344 2013-10076 Petitions for Waivers of Compliance, 25344-25349 2013-10067 2013-10068 2013-10069 2013-10070 2013-10072 2013-10073 2013-10074 2013-10075 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 25273 2013-10115 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Listing 15 Species on Hawaii Island as Endangered and Designating Critical Habitat for 3 Species, 25243-25251 2013-10044 NOTICES Endangered Species Permit Applications, 25296-25297 2013-10128 Environmental Assessments;

Availability, etc.: Cultivation and Use of Genetically Modified Crops in National Wildlife Refuge System in Southeast Region, 25297-25298 2013-09898 Food and Drug Food and Drug Administration RULES New Animal Drugs: Dexmedetomidine, Lasalocid, Melengestrol, Monensin, and Tylosin, 25182-25183 2013-10152 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Abbreviated New Animal Drug Applications, 25279-25280 2013-10088 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities:

PBR, Inc. d/b/a SKAPS Industries, Foreign-Trade Zone 26, Atlanta, GA, 25253 2013-10140 Forest Forest Service NOTICES Meetings: Tuolumne-Mariposa Counties Resource Advisory Committee, 25252 2013-10099 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Comprehensive Test Ban Treaty, 25298-25299 2013-10118 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 Emergency Use of in Vitro Diagnostics for Detection of the Avian Influenza A

(H7N9)Virus; Determinations and Declarations, 25273-25274 2013-10055 Findings of Research Misconduct, 25274-25275 2013-10085 Meetings: Advisory Committee on Minority Health, 25276 2013-10084 Chronic Fatigue Syndrome Advisory Committee, 25275-25276 2013-10083 Nutrients of Interest for Dietary Reference Intake Reviews: Opportunity and Procedure to Submit Nominations, 25276-25277 2013-10054 Statement of Organization, Functions, and Delegations of Authority, 25277 2013-10056 Homeland Homeland Security Department See Federal Emergency Management Agency NOTICES Privacy Act; Systems of Records, 25282-25288 2013-10173 Housing Housing and Urban Development Department RULES Healthcare Facility Insurance Program: Strengthening Accountability and Regulatory Revisions Update, 25184-25185 2013-10060 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Standard Grant Application Forms, Detailed Budget Form; Budget Worksheet; Application for Federal Assistance, etc., 25290-25291 2013-10062 Funding Awards: Office of Native American Programs Training and Technical Assistance Fiscal Year 2012, 25292-25293 2013-10052 Section 3 Program Coordination and Implementation Fiscal Year 2010, 25291-25292 2013-10053 Intent to Change HUD-Wide the Operating Model of the Office of Multifamily Housing, 25293-25295 2013-10057 Revised Final Fair Market Rents: Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program Fiscal Year 2013, 25295-25296 2013-10171 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25358-25359 2013-10063 2013-10065 2013-10066 International Trade Adm International Trade Administration NOTICES Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Seamless Carbon and Alloy Steel Standard, Line, and Pressure From the People's Republic of China, 25253-25254 2013-10141 International Trade Com International Trade Commission NOTICES Antidumping Duty Investigations; Results, Extensions, Amendments, etc.: Prestressed Concrete Steel Rail Tie Wire from China, Mexico, and Thailand, 25303-25304 2013-10071 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau RULES Segregation of Lands: Renewable Energy, 25204-25213 2013-10087 NOTICES Environmental Impact Statements; Availability, etc.: Ruby Pipeline Project, NV, 25301 2013-10120 San Pedro Riparian National Conservation Area Resource Management Plan, Arizona, 25299-25300 2013-10058 Realty Actions: Recreation and Public Purposes Act Classification and Conveyance of Public Land, Jackson County, CO, 25301-25302 2013-10086 Termination of Recreation and Public Purposes Act Classifications; Opening of Lands in Nye and Esmeralda Counties; NV, 25302-25303 2013-10108 Maritime Maritime Administration NOTICES Policy Clarification: Designation of Adjacent Coastal States for Deepwater Port License Applications, 25349-25351 2013-10080 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coal Mine Dust Sampling Devices, 25308-25309 2013-10145 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25351-25352 2013-10126 National Institute National Institute of Standards and Technology NOTICES Meetings: Information Security and Privacy Advisory Board, 25254-25255 2013-10137 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 25280-25282 2013-10096 2013-10097 National Cancer Institute, 25281 2013-10098 National Institute of General Medical Sciences, 25281 2013-10095 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Monkfish Fishery; Emergency Action, 25214-25225 2013-10023 South Atlantic Yellowtail Snapper; Extension of Commercial Annual Catch Limit Increase, 25213-25214 2013-10153 NOTICES Atlantic Highly Migratory Species: Public Conference Call and Webinar Regarding Updates to the HMS Recreational Fishing Action Plan, 25255 2013-10142 Meetings: Gulf of Mexico Fishery Management Council, 25255-25256 2013-10092 New England Fishery Management Council, 25256 2013-10143 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Social, Behavioral and Economic Sciences, 25309 2013-10082 Proposal Review Panel Physics, 25309 2013-10081 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 25309-25310 2013-10251 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating Licenses and Combined Licenses: Applications and Amendments Applications and Amendments, 25310-25320 2013-10020 Meetings: Advisory Committee on the Medical Uses of Isotopes, 25320 2013-10116 Meetings; Sunshine Act, 25320-25321 2013-10253 Advocacy Outreach Office of Advocacy and Outreach NOTICES Requests for Nominations: Advisory Committee on Minority Farmers, 25252 2013-10059 Office of United States Trade Representative See Trade Representative, Office of United States Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25321 2013-09890 Research Innovative Research and Innovative Technology Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preservation of Air Carrier Records, 25352-25353 2013-10113 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25252-25253 2013-10047 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25321-25325 2013-10144 2013-10146 2013-10147 2013-10148 2013-10149 2013-10150 2013-10151 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 25334-25336 2013-10077 Financial Industry Regulatory Authority, Inc., 25331-25332 2013-10079 NASDAQ Stock Market LLC, 25325-25326, 25329-25331 2013-10102 2013-10103 New York Stock Exchange LLC, 25327-25329 2013-10051 NYSE Arca, Inc., 25332-25334 2013-10167 Small Business Small Business Administration NOTICES Disaster Declarations: Massachusetts, 25336 2013-10119 Mississippi, 25336-25337 2013-10121 State Department State Department NOTICES Culturally Significant Object Imported for Exhibition: Bronze Statue of a Boxer, Hellenistic Period, 25337 2013-10139 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25282 2013-10122 Trade Representative Trade Representative, Office of United States NOTICES Countries Denying Fair Market Opportunities for Government-Funded Airport Construction Projects, 25337 2013-10127 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Innovative Technology Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Principles of Excellence Complaint Intake Questionnaire, 25359-25360 2013-10112 Western Western Area Power Administration NOTICES Washoe Project Formula Rate Extension, 25264-25265 2013-10125 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. 78 83 Tuesday, April 30, 2013 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 27 [Doc. No. AMS-CN-12-0024] RIN 0581-AD26 Revision of Regulations Defining Bona Fide Cotton Spot Markets AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is amending the regulation that specifies which states compose bona fide cotton spot markets in order to assure consistency with the revised Cotton Research and Promotion Act. Updated bona fide spot market definitions allow for published spot quotes to consider spot prices of cotton marketed in Kansas and Virginia. AMS is also amending references to the “New York Cotton Exchange” to read the “Intercontinental Exchange.” DATES: *Effective date:* May 30, 2013. FOR FURTHER INFORMATION CONTACT: Darryl Earnest, Deputy Administrator, Cotton & Tobacco Programs, AMS, USDA, 3275 Appling Road, Room 11, Memphis, TN 38133. Telephone

(901)384-3060, facsimile

(901)384-3021, or email *darryl.earnest@ams.usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866; and, therefore has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act and Paperwork Reduction Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), AMS has considered the economic impact of this action on small entities and has determined that its implementation will not have a significant economic impact on a substantial number of small businesses. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. There are an estimated 25,000 cotton growers in the U.S. who voluntarily use the AMS cotton classing services annually, and the majority of these cotton growers are small businesses under the criteria established by the Small Business Administration (13 CFR 121.201). Revisions to the regulations concerning bona fide spot market definitions are necessary to assure consistency with the revised Cotton Research and Promotion Act and to allow for published spot quotes to consider spot prices of cotton marketed in Kansas and Virginia. Changes in spot market definitions as stated will not significantly affect small businesses as defined in the RFA because:

(1)How spot prices are estimated are not expected to be impacted by this action;

(2)Business practices of the U.S. cotton industry are not expected to change as a result of this action;

(3)Costs associated with providing market news services will not be significantly changed by this action;

(4)Market news services are paid for by appropriated funds, therefore users are not charged fees for the provision of the services. In compliance with OMB regulations (5 CFR part 1320), which implement the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501), the information collection requirements contained in the provisions amended by this rule have been previously approved by OMB and were assigned OMB control number 0581-0009, Cotton Classification and Market New Service. Background The Secretary of Agriculture is authorized under the United States Cotton Futures Act (7 U.S.C. 15b) to designate at least five bona fide spot markets from which cotton price information can be collected. A spot market—also called the “cash market” or “physical market”—is a market where commodities are sold on the spot for cash at current market prices and delivered immediately. Designation of these bona fide spot markets and the determination of which counties and states compose each of these spot markets was most recently published in the **Federal Register** on August 4, 1988 (53 FR 29327). For each of these bona fide spot markets, the Cotton and Tobacco Programs of the Agricultural Marketing Service collects market price information under the United States Cotton Futures Act (7 U.S.C. 15b), the Cotton Statistics and Estimates Act (7 U.S.C. 473b) and the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(g)). This price information is then used to calculate price differences for cotton futures contracts. The Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234, 122 Stat. 923, enacted May 22, 2008, H.R. 2419) amended Section 17(f) of the Cotton Research and Promotion Act (7 U.S.C. 2116(f)), designating Kansas, Virginia, and Florida as cotton producing states for purposes of the Cotton Research and Promotion Act. To achieve consistency with the revised Cotton Research and Promotion Act and to allow for published spot quotes to consider spot prices of cotton marketed in the aforementioned states, § 27.93 is amended to add all the counties of Virginia to the Southeastern spot market, and Kansas to the East Texas and Oklahoma spot market. On September 14, 2006, New York Board of Trade—the parent company of the New York Cotton Exchange—agreed to become a unit of Intercontinental Exchange. This transaction was completed on January 12, 2007. To reflect this organizational change in the regulations, § 27.94 is amended such that references to the “New York Cotton Exchange” read as the “Intercontinental Exchange.” Summary of Comments A proposed rule was published in the **Federal Register** on February 8, 2013, with a comment period of February 8, 2013 through March 11, 2013 (78 FR 9330). No comments on the proposed regulatory amendments were received by AMS. The proposed rule may be viewed at *www.regulations.gov.* List of Subjects in 7 CFR Part 27 Commodity futures, Cotton. For the reasons set forth in the preamble, 7 CFR part 27 is amended as follows: PART 27—[Amended] 1. The authority citation for 7 CFR part 27 continues to read as follows: Authority: 7 U.S.C. 15b, 7 U.S.C. 473b, 7 U.S.C. 1622(g). 2. In § 27.93, definitions of the Southeastern market and the East Texas and Oklahoma market are revised to read as follows: § 27.93 Bona fide Spot Markets. Southeastern All counties in the states of Alabama, Florida, Georgia, North Carolina, South Carolina, and Virginia and all counties in the state of Tennessee east of and including Stewart, Houston, Humphreys, Perry, Wayne and Hardin counties. East Texas and Oklahoma All counties in the states of Kansas and Oklahoma and the Texas counties east of and including Montague, Wise, Parker, Erath, Comanche, Mills, San Saba, Mason, Sutton, Edwards, Kinney, Maverick, Webb, Zapata, Star and Hidalgo counties. 3. In § 27.94, paragraph

(a)is revised to read as follows: § 27.94 Spot Markets for Contract Settlement Purposes.

(a)For cotton delivered in settlement of any No. 2 contract on the Intercontinental Exchange (ICE); Southeastern, North and South Delta, Eastern Texas and Oklahoma, West Texas, and Desert Southwest. Dated: April 25, 2013. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2013-10114 Filed 4-29-13; 8:45 am]

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